VOL.  I.  PART  II. 


a 


HISTORY    OF    THE 
SOCIETY    OF    JESUS    IN    NORTH    AMERICA 

COLONIAL    AND    FEDERAL 


HISTORY  OF  THE 

SOCIETY    OF  JESUS    IN    NORTH    AMERICA 

COLONIAL   AND    FEDERAL 

By  THOMAS  HUGHES,  of  the  same  Society 
Royal  8z>o. 

TEXT.     Volume  I.,  from  the  First  Colonization,  1580,  till  1645 
With  3  Maps  and  3  Facsimiles.     15^.  net 

DOCUMENTS.     Vol.  I.  Part  I.,  Nos.  1-140,  1605-1838 
With  2  Maps  and  5  Facsimiles.     2U.  net 

LONGMANS,    GREEN,    AND   CO. 

LONDON,    NEW   YORK,    BOMBAY,    AND   CALCUTTA 


HISTORY 


OF 


THE    SOCIETY    OF    JESUS 


IN 


NORTH    AMERICA 

COLONIAL  AND  FEDERAL 


BY 


THOMAS   HUGHES 

OF   THE   S>AME   SOCIETY 


DOCUMENTS 

VOLUME   I     PART   II     Nos.  141-224 
(1605-1838) 


COLLEGE  LIB! 
i      (CHESTNUT  HILL,  M 


LONGMANS,    GREEN,    AND    CO. 

39    PATERNOSTER    ROW,    LONDON 
NEW    YORK,    BOMBAY,    AND    CALCUTTA 

1910 

AH  rights  reserved 


15*370? 


PREFACE 

WITS  this  volume  we  dose  our  present  contributions  to  the  fund  of 
printed  documents  for  the  History  of  the  Society  of  Jesus  in  North 
America;  and  we  return  to  finish  the  narrative  text. 

As  the  Preface  introducing  the  preceding  Part  ivas  meant  for  the 
entire  volume,  we  need  do  little  more  here  than  refer  to  it;  merely 
adding,  with  regard  to  the  contents  of  this  second  Part,  that  the 
documents  of  half  a  century,  from  the  pens  of  contemporaries  and 
actors,  arc  a  contribution  to  historical  records  not  less  important  than 
the  complete  body  of  history  to  be  framed  thereupon,  and  that  their 
significance  is  enhanced  by  the  circumstances  of  time  and  place  to  which 
they  belong.  The  time  was  when  the  beginnings  of  so  many  modern 
things  were  moulding  themselves  into  shape;  and  the  place  was  a 
republic  developing  rapidly  into  the  imperial  proportions  which  it  has 
since  assumed. 

The  founder  of  the  American  Catholic  hierarchy  is  seen  here  under 
a  varied  light  never  before  shed  on  the  person,  character,  and  work  of 
Dr.  John  Carroll.  As  he  writes  and  talks  or  is  talked  about,  while  he 
is  commended  or  criticized,  his  character,  vital  and  moving,  stands  out 
in  relief  with  many  traits  of  the  substantial  virtues  which  adorned 
it,  and  with  some  shadows  thrown  upon  it,  as  a  necessary  consequence 
of  contact  with  other  men  in  the  fitful  changes  of  negotiation  and 
business.  The  uncertain  and  tentative  interpretation  of  lime  and 
circumstance  belonging  to  a  formative  period  was  not  without  its  effect 
on  the  application  of  principles  adhered  to  by  himself,  or  on  his 
criticism  of  principles  adopted  by  others.  A  glance  at  the  range  of 
subjects  registered  under  his  name  in  the  Index  will  show  the  field  of 
his  activity  in  thought  and  action  as  exhibited  in  this  Part.  Most 
of  the  elements,  no  doubt,  have  reference  to  the  Society  of  Jesus.  But 
their  bearing  in  general  is  much  wider. 

The  system  which  has  been  followed  of  combining  in  Numbers  or 


VI  PREFACE 

treatises  all  matter  of  a  somewhat  kindred  nature,  each  of  such  sub- 
ordinate members  postulating  a  beginning,  middle,  and  end  of  its  own, 
has  entailed  an  amount  of  labour  altogether  out  of  proportion  with 
the  mere  sum  of  documents,  however  ample  that  may  be.  The  series 
advances,  not  by  mere  sequence  of  dates,  but  by  many  relations  of 
affinity,  which  arc  cither  explained  by  connecting  commentaries  and 
notes,  or  are  at  least  indicated  by  cross-references.  This  system  has 
been  no  bar  to  unity  ;  and  it  has  yielded  a  distinct  gain  in  variety.  It 
may  perhaps  merit  a  commendation  which  has  been  passed  on  the  first 
Part,  that  a  work,  nominally  of  documents,  can  be  read  "  quite  as  an 
independent  book." 

To  mention  some  of  the  integral  portions  ivhich  form  the  body  of 
this  Part,  we  may  point  out  the  following :  the  period  of  Carroll's 
career,  when  he  was  an  ex-Jesuit  among  other  ex-Jesuits  in  America, 
and  acted  as  Prefect  Apostolic ;  l  the  foundation  of  the  See  of 
Baltimore  in  his  person,  and  the  temporalities  expended  on  that  Sec 
by  the  Society  to  which  he  had  belonged ; 2  the  restoration  of  the  Society 
of  Jesus,  with  the  difficulties  attendant  till  the  canonical  re-establish- 
ment was  fairly  accomplisJied  ;  3  the  co-operation  of  Carroll  with  some 
boards  of  business  management ; 4  the  origin  and  progress  of  a  certain 
"  synodal  article,"  which  may  be  seen  recorded  in  the  Acts  of  Provincial 
Councils  ;  5  the  manner  in  ivhich  the  Maryland  Jesuits  failed  to  escape 
some  untoward  results  of  controversy,  because  they  did  not  conform  to 
the  principles  and  policy  of  the  General ;  6  the  parallel  movement  of 
literary  and  ecclesiastical  education  at  the  commencement  of  the  modern 
era  ;7  the  historical  reconstruction  of  a  character,  sketched  for  purposes 
of  no  trivial  import  in  documents  submitted  to  the  Propaganda ; 8  the 
action  of  a  State  Government  in  granting  the  demand  of  Catholic 
ecclesiastics  for  corporate  recognition  ;  9  the  doctrinal  difficulties  which 
were  occasioned  by  the  unreligious  character  of  the  Federal  Constitution, 
and  which  seem  to  have  unsettled,  even  with  competent  divines,  the 
conception  of  ecclesiastical  right  in  the  tenure  of  property.10  In  our 
modern  habits  of  thought,  the  last  two  points  have  lost  all  trace  of  their 
original  obscurity  or  difficulty,  since  the  experience  of  a  century  has 

1  Section  IV. 

-  Nos.  160  ;  217,  pp.  1129-1131. 

3  Sections  IV.,  V.,  especially  No.  178. 

1  Nos.  175-179. 

5  Nos.  192,  193. 

l!  Page  1030;  Nos.  211,212,  218,  219. 

7  Nos.  170,  174,  175. 

8  Nos.  161,  162. 
3  Nos.  164-169. 

10  No.  197. 


PREFACE  Vll 

fixed  the  delimitation  and  definition  of  old  ideas  in  a  new  political 
world. 

TJie  main  thread  on  which  the  series  of  documents  is  strung  may 
rightly  appear  to  be  of  much  less  consequence  than  many  a  precious 
bead  strung  upon  it.  That  thread,  as  was  explained  sufficiently  in  the 
Preface  to  the  first  Part,  is  a  controversy  running  through  the  whole. 
The  printing  of  bi'iefs  by  its  promoters,  the  distribution  of  documents 
in  many  archives,  and  the  publication  of  statements,  have  forced  upon 
the  notice  of  history  the  fact,  the  character,  and  the  conduct  of  that 
controversy.  A  duty  of  revision  has  been  imposed  with  a  necessity 
somewhat  more  imperious  than  one  of  the  actors  pleaded  at  a  certain 
stage :  Dura  igitur  rnihi  incurnbit  necessitas  aperto  ore  dicere  veri- 
tatem.11  Another  duty  imposed  has  been  that  of  a  candour  in  criticism 
much  less  equivocal  than  what  is  implied  elsewhere  :  Ce  n'est  pas  en 
verite  sans  une  sorte  de  honte  que  j'ai  repondu  a  ces  arguties 
scholastiqu.es.12  If  the  interests  of  history  are  to  be  served,  or  the 
course  of  error  stemmed,  we  may  not  ignore  what  we  do  not  like,  nor 
need  we  blush  at  old  sheets  which  blush  not,  nor  are  we  at  liberty  to 
retire  with  the  instinct  of  self-preservation  from  facing  that  which 
we  fear. 

A  cursory  glance  at  a  chance  document  which  seems  to  be  grave  and 
important  might,  if  the  control  of  other  papers  be  overlooked,  give  rise 
to  impressions  entirely  at  variance  with  the  truth.  On  the  value  of 
isolated  papers,  where  unconscious  ignorance  or  interested  indolence 
supersedes  a  critical  judgment,  we  have  formulated  our  critico -ethical 
views  in  an  Epilogue  at  the  end  of  this  Part.13 

On  the  other  hand,  such  a  cursory  glance  at  some  document  seem- 
ingly unimportant  may  have  occasioned  the  notion,  which  some  one  has 
expressed  with  respect  to  the  previous  Part,  that  in  such  a  compre- 
hensive publication  there  must  necessarily  be  "  swept  in  things  of  little 
value"  We  consider,  however,  that,  to  be  of  little  value,  things  should 
have  to  be  gathered  in  as  mere  fragments ;  but  that,  if  they  are  parts 
of  a  whole,  they  may  be  of  little  value,  or  they  may  not  be.  No  mosaic 
was  ever  laid,  nor  any  palace  ever  built,  save  with  the  help  of  little 
things,  such  as  glasses,  bricks,  stones ;  which,  taken  by  themselves,  are  of 
little  value,  or  of  none.  But,  put  in  their  places,  they  give  expression  to 
the  design,  or  form  and  solidity  to  the  house  ;  and  so  are  of  great  value. 
Nor  are  they  "  swept  in,"  when  their  place  calls  for  them,  and  they  are 
put  in  their  place. 

11  Part  I.  p.  427.  12  Ibid.,  p.  473. 

13  Pages  1157-1159. 


Vlll  PREFACE 

As  to  the  relevancy  nowadays  of  many  an  incident,  or  of  circum- 
stances which  gave  occasion  to  many  a  document,  the  fugitive  nature  of 
the  occasion  or  the  event  detracts  not  in  the  least  from  the  value  of 
documents  which  found  their  origin  there.  It  was  a  concern  of  the 
writers,  if  they  took  slight  occasions  to  pen  papers  of  no  light  signifi- 
cance ;  just  as  it  is  an  affair  of  the  reader  to  discern,  in  the  'particular 
joints  and  members  which  make  up  the  structure  of  history,  what  is  the 
extent  of  the  bearings  on  Church,  State,  hierarchical  orders,  modes  of 
procedure,  and  the  rectification  of  traditional  notions.  In  any  case, 
history  is  not  a  question  of  nowadays,  as  if  the  past  should  be  present, 
or  else  some  journalistic  interest  is  not  aroused ;  its  interest  is  that  of 
shedding  light  on  the  present  from  the  past,  recording  good  deeds,  and 
obviating  the  repetition  of  errors. 

The  origin  and  sources  of  all  these  documents  having  been  amply 
explained  in  the  general  Introduction  prefixed  to  the  first  volume  of 
Text,  there  is  nothing  special  to  add.  Everything  was  obtained  where 
the  citations  indicate.  If  depositories  were  private,  they  were  used  only 
after  express  permission  had  been  received  in  writing,  and  that  in 
answer  to  an  express  request  for  such  use  in  the  service  of  a  History  to 
be  published  on  the  Society  of  Jesus  in  North  America.  In  illustration 
of  this  point,  we  mention  the  written  permissions  received  for  consulting 
the  Baltimore  Diocesan  Archives,  which  were  then  used  somewhat 
slightly  for  purposes  of  verification,  and  for  a  similar  reference  to  the 
Westminster  Diocesan  Archives,  which,  failing  to  meet  the  needs  of 
verification,  nevertheless  furnished  some  new  matter. 

We  take  pleasure  in  making  our  sincere  acknoivlcdgmcnts  for  the 
revision  and  self-sacrificing  labour  bestowed  on  these  two  Parts  by  a 
most  competent  critic  in  America,  who,  while  withholding  his  judgment 
as  to  the  matter  produced,  has  extended  his  approbation  to  the  critical 
form  of  the  documents  edited. 

An  Index  to  the  two  Parts  is  appended  at  the  end  of  this. 

THE  AUTHOR. 
ROME, 

COLLKGIO  P.  L.  AMERICANO, 
December  S,  1909. 


CONTENTS    OF    PART    II 

PAGE 

Preface 

SECTION    IV 

REORGANIZATION   DURING   THE   SUPPRESSION,   1773-1792 
§  12.  PROVISIONAL  ORGANIZATION  TO  PRESERVE  THE  PROPERTY,  1773-1789 

No. 

141.  The  fact  and  form  of  Suppression,  1773 601 

142.  Inaction  during  ten  years,  1773-1783 608 

143.  Carroll's  plan  of  organization,  (1782) 609 

144.  Carroll's  views :  his  correspondence,  1783-1788 615 

145.  The  Select  Body :  organization  of  ex-Jesuits,  1783,  1784 617 

146.  The  Chapter  Form  of  Government,  1784-1805 619 

147.  Jesuit  rights  to  the  property :  uses  considered  legitimate,  1784-1786     .  625 

148.  Current  business  at  the  Chapter,  1784 630 

149.  Carroll  and  Rome ;  reports  to  the  Propaganda,  1784-1786 632 

150.  The  Chapter  of  1786;  the  English  ex- Jesuits,  1786-(1811)     ....  637 

151.  School,  bishopric,  and  incorporation,  1786 665 

152.  Opposition  :  diverging  interests,  1787 668 

153.  The  title  of  ownership  during  the  Suppression  :  discussion,  1787  .     .     .  673 

154.  The  agreement,  without  conditions,  1787 679 

155.  The  revival  of  the  Society  projected,  1788,  1789 682 

156.  The  Chapter  of  1789;  the  incoming  American  clergy,  1789,  1790     .     .  685 

157.  The  Chapter  and  the  bishopric,  1789,  1790 692 

158.  The  Chapter  and  the  Academy,  1789 695 

159.  The  Chapter  and  incorporation,  1789 696 

Facsimile  of  the  Act  of  Submission,  1774 To  face  607 

§  13.  THE  SEE  OF  BALTIMORE  AND  THE  JESUIT  ESTATES,  1789-1815 

160.  Carroll's  Declaration  on  the  ex-Jesuit  property,  1790 698 

161.  Ashton,  reputed  occasion  of  Carroll's  Declaration,  1791 700 

162.  Ashton,  a  remote  occasion  of  Marechal's  claims,  1792-1815      ....  701 
Facsimile  of  Carroll's  Declaration,  26  May,  1790 To  face  699 

§  14.  THE  LEGISLATURE  AND  THE  CORPORATION,  1792-1808 

163.  The  beneficiaries  in  equity,  1792 720 

164.  Act  of  Assembly,  Maryland :  the  charter,  23  Dec.,  1792 722 


X  CONTENTS   OF  PART  II 

No.  PAGE 

165.  Act  of  Assembly:  confirmation  of  the  Corporation,  28  Jan.,  1806     .     .  726 

166.  Acts  of  Assembly  :  enlargement  of  powers,  1808,  1894 730 

167.  Declarations  of  Walton,  Molyneux,  and  Ashton,  3  Oct.,  1793  ....  732 

168.  The  constituent  meeting,  i'ultilling  conditions,  4  Oct.,  1793      ....  737 

169.  The  name  of  the  Corporation  ;  Trustees,  1793-1820 741 


SECTION    V 

TilE   ENDOWMENT   OF   RELIGION,  1792-1822 
§  15.  THE  SELECT  BODY  AND  GENERAL  RELIGIOUS  INTERESTS,  1792-1822 

170.  Provision  for  the  Sulpicians  :  Bohemia  and  Georgetown,  1792-1802      .  744 

171.  Tessier,  S.S.,  on  the  ex- Jesuit  benefactions,  1792-1805 763 

172.  Membership  in  the  Select  Body  of  the  Clergy,  1793-(1810)     ....  768 

173.  Pensions  and  aids,  1794-1800 771 

174.  Seminarians  :  support  of  diocesan  students,  1800-1802 776 

175.  The  Seminary,  St.  Mary's  College,  Baltimore,  and  Georgetown,  1802-1815  778 

176.  Pensions  and  aids,  1801,  1802 804 

177.  Pensions  and  aids,  1803-lcS05 810 

178.  Carroll's  policy ;  a  concordat  projected,  1800-1815 813 

179.  Pensions  and  aids,  1805-1815 867 

180.  Pensions  and  aids,  1816-1820 882 

181.  End  of  the  eleemosynary  administration ;  Keuney;  1820-1822    .     .     .  895 

182.  Expropriation  announced,  Nov.,  Dec.,  1822 905 

183.  Rebuttal  by  the  Corporation,  1822,  1823 906 

184.  Reviews  of  the  period,  1792-1822;  ecclesiastical  and  mensal    ....  911 


SECTION    VI 

CONCORDATS 

§  16.  MARYLAND  AND  MISSOURI,  1798-1830 

185.  Jesuit  stations :  the  occasion  for  concordats,  (1798)-1817 927 

186.  Agreement  between  Carroll  and  Molyneux,  20  Sept.,  1805      ....  928 

187.  J.  G.  Shea  on  the  Agreement :  his  data  and  inferences 933 

188.  Carroll's  preliminaries  to  the  L.  Neale-Grassi  Concordat,  1814,  1815    .  941 

189.  The  Neale-Grassi  Concordat,  3  Apr.,  1816 948 

190.  The  ecclesiastical  status  in  general,  1817-1822 955 

191.  Fate  of  the  Concordat :  Marechal's  views,  1819-1821 965 

192.  The  "synodal  article  "of  1810:  origin  and  progress,  1810-1820      .     .  969 

193.  Jurisdiction  and  Jesuit  government:  the  "synodal  article,"  1819,  1820  1001 

194.  Dubourg  and  the  Jesuits :  the  Indian  missions,  1816-1821    ....  1008 

195.  Marechal  on  Missouri :  prejudice  done  to  Maryland,  1823,  1824      .     .  1016 

196.  The  Upper  Louisiana  Concordat,  19  Mar.,  1823 ;  Missouri,  1823-1830  1021 
Facsimile  of  the  Carroll-  Molyneux  Agreement,  20  Sept.,  1805  To  face  928 


CONTENTS  OF  FART  II  XI 

SECTION  VII 

CRITIQUE   AND   SEQUEL 
§  17.  DOCUMENTS  IN  THE  PROPAGANDA,  ETC. 

NO.  PAQE 

197.  Civil  and  ecclesiastical 1031 

198.  Legal  titles :  divergent  views,  1818-1824 1042 

199.  Presumptive  title  of  the  See  of  Baltimore,  1822,  1823 1044 

200.  Gradwell  and  Poynter :  an  English  controversy  in  America,  1820-1822  1047 

201.  Grad well's  agency  for  Marechal,  1821-1824 1050 

202.  Card.  Fesch  in  the  controversy,  1822 1054 

203.  Compromise :  conditions  offered  by  the  General  S.  J 1056 

204.  Card.  Fesch's  concordat ;  the  General's  criticism,  June,  1822  ....  1058 

205.  The  Papal  Brief,  23  July,  1822 1066 

206.  Contributions  to  the  controversy ;  the  Government  U.S.,  1822-1824  .  1070 

207.  Brent,  Ironside ;  Marechal  and  the  Government,  1824-1826  ....  1073 

208.  The  Roman  College  funds ;  impropriation  for  Baltimore,  1823-1825     .  1079 

209.  Marechal  and  Kohlmann,  1826 1088 

210.  The  Fesch-Marechal  documents  printed  for  the  Propaganda,  1822-1826  1089 

211.  Last  session  of  the  Propaganda :  the  settlement,  1826 1090 

212.  Official  documents  ending  the  controversy,  1826 1095 

213.  The  new  claims  :  initial  steps,  1827 1099 

214.  Whitfield  and  Gradwell,  1828 1104 

215.  Whitfield  and  Wiseman  :  the  new  agency  in  Rome,  1828-1834  .     .     .  1111 

216.  Eccleston  and  Wiseman  :  end  of  the  agency,  1834,  1835 1118 

217.  Eccleston,  McSherry,  and  Mulledy :  end  of  the  new  claims,  1835-1838  1120 

218.  Temporalities  and  reputation  ;  jurisdiction  over  regulars,  1829-1837  .  1132 

219.  Anti-Corporation  documents,  (1826) 1136 


APPENDIX 
ANALOGIES 

220.  England :  the  interposition  of  Government,  1814-1829 1139 

221.  Ireland:  analogy  with  the  Maryland  property  question,  1776-1816     .  1148 

222.  Scotland:  property  of  the  Mission  S.J.  after  suppression,  1773-(1816)  1153 

223.  Canada:  act  of  incorporation,  1887 1154 

224.  The  Suppression  of  the  Society  juridically  ignored,  1836 1155 

INDEX  1161 


SECTIONS    II.-VIL—  (continued] 

DOCUMENTARY  EXCURSUS,  NARRATIVE  AND 

CRITICAL 


ON 


JESUIT   PROPERTY    AND    ITS    USES 

1633-1838 
COMPRISING  THE   PERIOD  OF  SUPPRESSION  AND  RESTORATION 


SECTION    IV 

REORGANIZATION    DURING   THE   SUPPRESSION, 

1773-1792 

§  12.  PKOVISIONAL  ORGANIZATION  TO  PRESERVE  THE  PROPERTY, 

1773-1789 

Allusion  lias  been  made  above  to  an  organization  set  on  foot,  after  the 
Suppression  of  the  Society.  Its  object  was  to  save  the  property 
from  dissipation  and  malversation,  keeping  it  for  religious  pur- 
poses, and  restoring  it  to  the  Society  when  the  Order  should  be 
restored.  The  origin  and  progress  of  this  plan  and  its  execution, 
with  reference  to  the  Societas  resurrectura — the  juridical 
rights  or  canonical  equity  involved,  as  well  as  the  final  accom- 
plishment of  the  purpose — will  determine  the  order  of  documents 
in  the  following  Sections.  While  the  series  presented  are  intended 
to  be  complete  and  exhaustive  without  needless  repetitions,  the  body 
of  history  developed  and  many  elements  which  do  not  belong  to  the 
property  question  are  reserved  for  their  own  volume  of  Text. 

No.  141.  1773. 

The  fact  and  form  of  Suppression,  1773.  In  1773  the  Society  of  Jesus 
was  formally  suppressed  by  Pope  Clement  XIV.  The  brief  was 
officially  communicated  to  Bishop  Challoner,  who  then  had  charge 
of  North  America  as  well  as  of  the  London  district,  England. 
Directions  were  given  him,  with  regard  to  taking  over  the  Jesuit 
property.  Dr.  Challoner  received  accounts  on  this  head  from 
Father  Thomas  Talbot,  last  procurator  of  the  Society  in  London, 
and  from  Father  Thomas  More,  last  Provincial  of  the  old  Society 
in  England.  The  steps,  which  Challoner  (infra,  C,  D)  declared 
to  the  Propaganda  ought  to  be  taken  with  regard  to  this  English 
property,  applied  perfectly  to  America.  His  measures  were 
absolutely  negative,  in  the  sense  of  leaving  all  things  as  they  stood. 

Thirteen  years  later  (1786),  at  the  second  meeting  of  the  Maryland 
Chapter  of  ex- Jesuits,  a  retrospective  vi&w  was  taken  of  the  policy 
VOL.  I.  2  R 


602  tfo.  141,  A,  B.     THE  SUPPRESSION,    1773  [IV 


had  been  followed  by  ecclesiastical  authorities  at  the  earlier 
date.  The  reason  for  this  review  was  the  question  which  then  had 
arisen,  whether  the  property  of  the  Society  suppressed  might  be 
employed  in  part  for  the  establishment  of  Georgetown  College. 
We  give  some  official  documents  of  1773,  and  then  an  extract  from  the 
Maryland  document  of  1786,  reviewing  the  antecedent  course  of 
events. 

A.  1773,  August  25. 

Joseph  M.  Card.  Castelli,  Prefect  of  the  Propaganda,  Stephen  Borgia, 
Secretary,  Rome,  25  Aug.,  1773,  to  Bishop  Challoner,  Vicar  Apostolic  of  the 
London  district.  Directions  as  to  secularizing  and  employing  the  ex-Jesuits. 

Giving  orders  relative  to  the  members  of  the  late  Institute,  .  .  .  ut  eos  ad 
statum  Presbyteri  saecularis  illico  ainplectendum  compellas.  Quo  tamen 
id  possis  commodius  perficere,  S.  haec  Congregatio  quasdam  proposuit 
rationes  et  media,  quae  Summus  Pontifex  benigne  probavit,  ut  patet  ex 
adjuncto  epistolio.  1.  If  the  members  of  the  late  Society  submit  fully  and 
sincerely,  they  may  be  left  in  the  places  where  they  are.  2.  Ways  indicated 
of  obtaining  the  signatures  to  the  declaration  of  submission,  cujus  postea 
documentum  authentice  factum  atque  signatum  ad  nos  mittet,  una  cum 
rei  totius  gestae  relatione.  .  .  .  Quae  omnia  et  singula  haec  pro  Angliae 
Regno  statuta  et  declarata  ad  colonias  etiam  Americanas,  quae  tuo  sub- 
sunt  regimini  atque  jurisdiction!,  extendit.  Atque  hie  Deum  precor  ut 
Amplitudinem  Tuam  diu  sospitem  atque  incolumen  servet.  .  .  . 

In  three  successive  weeks,  we  have  three  very  pertinent  letters  of  Dr. 
Challoner  either  to  the  Propaganda  direct,  or  for  the  same  Con- 
gregation through  his  agent.  The  first  contains  a  statement 
relative  to  the  Jesuits  in  America,  which  contrasts  strangely  with 
the  subject  of  the  other  two.  The  letter  of  10  Sept.,  1773,  states 
that  the  American  Jesuits  are  edifying  missionaries)  a  commenda- 
tion which  he  proceeds  to  withhold  from  other  priests  at  that  time 
in  the  West  Indian  islands.  His  two  next  letters,  those  of  17 
and  $4,  Sept.,  proceed  to  treat  of  suppressing  these  edifying 
missionaries  along  with  their  brethren  in  England.  As  a  literary 
curiosity  we  shall  give  the  one  pertinent  sentence  of  the  Jirst  in  the 
elliptical  style  of  writing,  used  by  Challoner  in  his  drafts. 

B.  1773,  September  10. 

Challoner,  London,  10  Sept.,  1773,  to  the  Propaganda. 
.  .  .  Hid  solnimdo  de  statu   rlgois  Oath,  in  illis  rgioib9  ex    aliorum 
relatione  didcm9  qd  in  Amrcae  sptntrionalis  provinc  Marlndia  et  Penslv. 


§  i2]  No.  141,  C.     THE  SUPPRESSION,    1773  603 

Cathorum  mlta  sunt  mllia  sb   16  ccrtr  missri.is  Jts.  qi  suaru  gregu  morb9 
bonum  praebn  exmlu  sd  [?]  ab  Epo  illuc  admttndo  [?]  abb  rent  [?]  1  .  .  . 

The  letters  of  the  next  two  weeks  we  take  from  an  Italian  translation, 
supplied  by  Challoner  s  agent  to  tlie  authorities  in  Rome.  The 
first,  of  17  Sept.,  gives  a  summary  of  Father  Talbot's  business 
accounts,  in  which,  amid  so  many  losses  and  encumbrances  of  late 
origin,  the  assets  are  now  practically  reduced  to  the  personal 
annuities  of  individuals,  reserved  to  them  from  their  patrimonies. 
Tlie  second  letter,  dated  24  Sept.,  deriving  the  information  which 
it  contains  from  Father  More,  late  Provincial,  presents  their  credit 
under  a  brighter  aspect,  but  at  the  same  time  their  debit  under  one 
proportionately  darker.  Challoner  gives  it  as  his  oiun  opinion, 
that  it  were  better  not  to  touch  the  property  of  the  Jesuits,  but  to 
leave  things  as  they  are.  He  describes  the  mode  of  procedure 
adopted  for  obtaining  from  these  ex-Jesuits  individually  the  acts 
of  submission  required,  in  virtue  of  which  they  accepted  their  new 
status  as  secular  priests  under  the  immediate  authority  of  the 
bishops.  But  as  to  the  ex-Jesuits  in  America,  he  says,  they  are 
very  far  off;  there  is  no  bishop  on  the  ground  ;  nor  even  a  priest 
of  a  different  Order  from  their  own. 

C.  1773,  September  17. 

Challoner,  London,  17  Sept.,  24  Sept.  (infra,  D),  1773,  to  Ms  agent 
(Christopher  Stonor),  Rome. 

Copia  di  due  lettere  di  Monsignor  Riccardo  Chaloner  Vescovo  Deboren., 
e  Vicario  Apostolico  a  Londra,  scritte  al  suo  agente  a  Roma  in  lingua 
inglese,  e  dal  medesimo  tradotte  in  italiano. 

Prirna  lettera  in  data  delli  17  settembre,  1773. 

CJialloner's  embarrassment  on  the  subject  of  faculties  enjoyed  by  the 
ex-Jesuits,  who,  he  states,  are  necessary  to  him. 

As  to  property :  In  quanto  alle  domande  di  sua  Eminenza  relative 
agli  effetti  ed  alle  possessioni  della  provincia  inglese,  questi  sigiiori  non 
sono  troppo  inclinati  ad  informarci  di  questi  particolari.  II  Signer  Talbot 
...  mi  dice  .  .  .  che  quel,  che  li  rimane  qui,  si  riduce  a  quello  che  si 
e  potuto  risparmiare  da  i  livelli,  che  molti  de'loro  confratelli  si  sono 
riservati  sopra  i  beni  patrimonial!  delle  case  loro.  Other  particulars. 

1  "  All  that  we  have  learnt  from  the  relation  of  others  about  the  state  of  religion  in 
those  parts  is,  that  in  the  provinces  of  Maryland  and  Pennsylvania  of  North  America 
there  are  many  thousands  of  Catholics,  under  about  16  Jesuit  missionaries,  who  set  a 
good  example  to  their  flocks,  but  who  do  not  want  a  bishop  at  all." — Cf.  T.  Hughes, 
S.J.,  American  Ecclesiastical  Review,  xxviii.  23-41,  The  Sacrament  of  Confirmation 
in  the  old  Colonies. 


604  No.  141,  D.     THE  SUPPRESSION,  1773  [IV 

Per  quel  che  riguarda  il  secondo  quesito,  sono  del  vostro  sentimento, 
che  il  meglio  sarebbe  di  impiegare  i  loro  beni  ed  efietti,  nella  stessa 
maniera  come  prima,  almeno  in  quanto  questo  si  potra  combinare  con  il 
loro  stato  presente;  essendo  cosa  certa,  che  la  nostra  Missione  non  puol 
essere  sufficientemente  proveduta  di  soggetti,  senza  il  loro  aiuto.  The 
Jesuit  college  at  Liege  should  be  preserved  and  continued  as  it  is. 

D.  1773,  September  24. 

Seconda  lettera  del  medesimo  Vescovo  al  detto  suo  agente,  in  data  delli 

24  settembre,  1773. 

He  has  already  answered  the  letter  of  25  Aug.  about  Jesuit  temporalities. 
On  conversing  icith  the  Provincial,  More,  he  finds  the  assets  to  be  still 
considerable.  On  the  other  hand  the  financial  obligations  are  great :  Ma 
poi  i  loro  debiti  ed  i  pesi,  che  hanno  da  soddisfare,  sono  molti  e  gravi. 
In  questo  genere  si  devono  contare  le  pensioni  vitalizie,  che  essi  si  sono 
obbligati  di  pagare  a  diverse  persone,  le  quali  gli  avevano  dato  il  loro 
danaro  per  questo  eflfetto.  Tali  sono  le  provisioni  ben  dovute  a  quelli 
membri  della  loro  Societa,  i  quali  hanno  messo  tutto  il  loro  avere  nella 
massa  commune  della  Compagnia.2  A  questi  bisogna  aggiungere  i  vecchi 
ed  infermi,  che  non  devono  essere  lasciati  in  abbandono.  In  questi  casi 
la  legge  di  Dio  e  della  Natura  gli  obbliga  di  servirsi  delle  loro  possessioni 
per  soddisfare  a  questi  debiti,  fino  a  quanto  possono  arrivare.  Ed  in 
conseguenza  egli  (Signor  More)  sostiene  che  il  consegnare  le  loro  posses- 
sioni, nelle  circostanze  nelle  quali  si  trova  questa  Provincia,  non  e  cosa 
fattibile.  Ma  egli  consente  che  tutto  quel,  che  rirnarra  dopo  soddisfatti 
i  sudcletti  pesi,  sara  dedicate  al  servizio  di  questa  Missione,  senza  alienarne 
niente  per  qual  si  sia  altro  uso. 

In  questo  punto  abbiamo  ricevuto  i  Brevi  \_of  Suppression  S.J.~\  e  la 
lettera  Enciclica,  e  procederemo  alia  loro  esecuzione  nella  miglior  maniera 
che  le  nostre  circostanze  ci  permetteranno.  Difficulties  of  notification  to 
individuals. 

E  dunque  intenzione  nostra,  senza  mandare  in  giro  tante  copie  del 
Breve  che  potrebbero  esser  prodotte  contro  di  noi  in  giudizio,  di  pubbli- 
carlo  a  voce,  almeno  quanto  agli  articoli  principal!,  a  ciascheduno  indi- 
viduo  alia  prima  occasione,  proponendoli  di  sottoscrivere  una  formola 
nella  quale  umilmente  riconoscono  la  soppressione  ed  abolizione  della 
Compagnia  e  si  sottomettono  come  Preti  secolari  alPubbidienza  e  giuris- 
dizione  de'Vescovi.  Questo,  spero,  si  potra  eftettuare  senza  gran  difficolta 
qui,  ed  in  queste  provincie.  Ma  che  cosa  si  fara  con  quelli  che  vivono 
nell'America,  per  cosi  dire,  in  un  altro  rnondo,  senza  aver  tra  loro  ne 
Vescovo,  nemmeno  un  Prete,  che  sia  di  un  ordine  diverso  del  loro  ! 

2  Cf.  English  Province  Archives  S.J.,  V.,  Annuities,  1754,  etc. ;  a  thin  quarto,  of 
which  14  ff.  are  taken  up  with  brief  indications  of  annuities  due  to  very  many  persons, 
the  debit  and  credit  of  the  Office,  1754^-1768.  Cf.  infra,  No.  150,  P2,  note  57. 


§   12]  No.  141,  E.     THE  SUPPRESSION,    1773  605 

II  Breve  e  stato  gia  eseguito  a  Liegi,  e  si  aspetta  che  lo  sara  ben 
presto  nelle  loro  due  case  a  Bruges,  ove  hanno  piu  di  due  cento  scolari. 
Se  non  si  trova  qualche  maniera  di  rautare  queste  case  in  collegii  o 
seminarii  per  1'educazione  di  Preti  secolari  inglesi  per  il  servizio  della 
nostra  Missione,  non  sareruo  mai  in  istato  di  fornire,  tanto  all'Inghilterra 
che  all' America,  un  numero  sufficiente  di  operarii  per  la  coltivazione  di 
questa  porzione  della  vigna  del  Signore.  Mi  farete  il  piacere  di  partecipare 
queste  notizie  a  Sua  Eminenza  in  nome  rnio.  Sono,  etc. 

To  comprehend  the  attitude  thus  taken  by  Challoncr  on  the  ground  of 
expediency,  reversionary  interest,  natural  right  and  divine  law, 
it  should  be  borne  in  mind  that  the  orders  sent  him  were  of  a 
different  tenor,  as  to  the  disposal  of  the  property.  The  Jesuit 
owners  were  to  be  removed  from  all  property  that  belonged  to 
them  ;  those  who  did  not  find  employment  were  to  be  gathered 
into  certain  centres,  and  suspended  from  ministerial  faculties  or 
pastoral  status ;  and  they  were  to  be  maintained  on  the  goods  of 
that  college  where  they  had  lived  last,  if  there  was  anything  left 
to  maintain  them.  Meanwhile,  every  bishop  in  the  world  was 
directed  to  take  provisional  possession  of  all  the  property,  goods, 
rights,  appurtenances,  that  had  belonged  to  the  extinct  Society. 

Thirteen  years  afterwards,  at  the  second  triennial  meeting  of  the 
Chapter  which  we  are  about  to  describe  in  Numbers  following,  the 
representatives  in  attendance  indited  a  letter  to  the  constituents 
in  southern  Maryland,  and  took  occasion  to  recall  the  facts  of 
what  had  happened  at  this  period? 

E.  1786,  November  (24). 

Proceedings  of  the  General  Chapter,  18-24  Nov.,  1786 ;  letter  appended. 
(Cf.  infra,  No.  153,  B,  u//.].) 

To  the  Rev.  Gentlemen  of  the  Southern  District. 

.  .  .  We  must  here  bring  to  your  minds  that  doleful  era  of  the 
dissolution  of  the  Society  of  Jesus,  -when  we  were  torn  from  our  dear  Mother, 
whom  we  saw  sacrificed  before  our  eyes  to  the  designs  permitted  by 
Divine  Providence.  In  consequence  of  this  we  were  left  without  father, 
without  mother,  oppressed  with  grief,  uncertain  of  our  future  destiny. 
In  these  melancholy  circumstances,  a  formula  of  subscription  to  episcopal 
government  was  presented  to  us  from  our  Ordinary,  the  Bishop  of 
London,  who  was  directed  by  the  Holy  See  to  do  the  same.  To  this 
we  all  subscribed,  and  thereby  bound  ourselves  to  a  new  form  of  eccle- 
siastical government,  to  which  we  have  been  hitherto  subject.  For  your 
information  and  satisfaction  we  do  hereby  subjoin  the  formula  above 
mentioned : 

5  Cf.  No.  153,  B, 


606  No.  141,  F,  G.     THE  SUPPRESSION,    1773  [IV 

F.  (1773,  1774.) 

"  Infrascripti  Congregationis  Clericorum  Regularium  Societatis  Jesu 
dudura  nuncupati  presbyteri  in  districtu  Londinensi  Marylandiae  & 
Pennsylvaniae  niissionarii,  facta  nobis  declaratione  &  publicatione  brevis 
apostolic!  a  SSmo.  Dno.  nostro  Cleruente  PP.  XIV.  editi  die  21  Julii, 
1773,  quo  praedictam  Congregationem  &  Societatem  penitus  supprimit  & 
extinguit  toto  orbe  terrarum,  jubetque  illius  instituti  presbyteros  tauquam 
sacerdotes  saeculares  Episcoporuru  regimini  &  auctoritati  omnino  sub- 
jectos  esse,  nos,  supradicto  brevi  plene  &  sincere  obtemperantes  et 
omnimodae  dictae  Societatis  suppression!  humiliter  acquiescentes,  supra- 
memorati  Episcopi  Vicarii  Apostolici  tanquam  presbyteri  saeculares 
jurisdiction!  et  reginiini  nos  omnino  subjicimus."  (a) 

G.  1773,  October  6. 
"  To  Messrs,  the  Missioners  in  Maryland  and  Pennsylvania. 

Messrs. 

To  obey  the  orders  I  have  received  from  above,  I  notify 
to  you  by  this  the  Breve  of  the  total  dissolution  of  the  Society  of  Jesus, 
and  send  withal  a  form  of  declaration  of  your  obedience  and  submission 
to  which  you  are  all  desired  to  subscribe,  as  your  Brethren  have  done 
here ;  and  send  me  back  the  formula  with  the  subscription  of  you  all, 
as  I  am  to  send  them  up  to  Rome. 

Ever  yours, 

RICHARD  DEBOBEN.,  V.  Ap."J 

(a)  The  letter  proceeds  straight  on  to  G. 

4  The  gentle  terms,  in  which  these  historical  facts  are  rehearsed  by  the  persons  who 
had  suffered,  are  in  marked  contrast  with  the  style  of  Card.  A.'s  (Antonelli's  ?)  Votum, 
addressed  to  Pope  Pius  VI.,  on  revising  the  action  of  his  predecessor.  Clement  XIV.,  and 
declaring  the  Brief  of  Suppression  null  and  void.  As  the  Cardinal's  long  review  of 
the  case  is  engaged  with  much  graver  interests  than  those  of  mere  property  and  owner- 
ship, he  touches  only  lightly  once  or  twice  on  the  injury  done  to  the  Order  in  the  matter 
of  temporal  goods : 

Voturu  seu  suffragiurn  ab  Eminentissimo  Cardinal!  A.  datum  in  Causa  Jesuitarum, 
1775. 

Obsequor  mandatis  Sauctitatis  Vestrae,  et  sine  mora  sunragium  rneurn  scripturn 
mitto,  simulque  profiteer,  me  idipsum  citra  fatigationem  composuisse,  cum  totum 
scriptionis  rneae  argumenturn  deprornpserim  ex  prolixa,  quam  accepi,  epistola 
doctissirni  et  neutiquam  praeoccupati  cujusdam  episcopi  transalpini,  ex  qua  abuiide 
perspexi  viri  illius  sensa  eadem  omnino  esse  cum  seusis  meis. 

Six  reasons  for'  examining  the  case,  among  which :  .  .  .  39.  Examiuari  debet 
haec  causa,  ut  praestetur  justitia  in  particular!  omnibus  membris  Societatis.  .  .  . 
Jesuitae  fortassis  non  revocabunt  jura  sua  in  domos,  in  reditus,  in  bona  rnobilia  a 
famelicis  usurpatoribus  dilapidata.  .  .  . 

Fourteen  reasons  why  the  Brief  of  Suppression  was  radically  invalid :  Ego  pro 
parte  rnea  affirmo,  et  citra  haesitationern  dico,  Breve  esse  nullum,  invalidum,  illegi- 
timum,  atque  non  esse  abolitam  Societatem.  Asserti  hujus  rationes  evidentes  et 
palpabiles  sunt  quam  plurirnae,  et  ex  eorum  numero  sequentes  :  .  .  .  10°.  Quia  hoc 
Breve,  quoad  spiritum,  quoad  robur,  quoad  totam  suam  oeconorniarn  foret  exter- 
miniuni  omnium  jurium  temporalium,  civilium  et  naturalium,  omnium  quoque 
subditorum  et  civium.  ...  C.  G.  Von  Murr,  Journal  zur  Kunstgeschicbte  und  zur 
allgemeinen  Litteratur,  vol.  ix.,  17SO  (Nilrnbcrg),  pp.  283-300.  Cf.  the  Italian  edition 


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ACT  OP  SUBMISSION  TO  THE  BRIEF  OP  SUPPRESSION  (1774),  with  the  autograph  signatures 
of  twenty-one  Jesuit  missionaries  in  Maryland  and  Pennsylvania.  Propaganda  Archives  : 
^774;  Missioni ;  Misccllan.,  v.,  i.  193.  Bishop  Challoner's  original.  (Size  Ty/ts  of  the 
original.)  [  To  face  p.  607. 


§  12]  No.Ul,  H,  J.     THE  SUPPRESSIOA",    1773  607 

Two  lists,  relative  to  this  act  of  submission,  appear  in  the  Westminster 
Archives.  One  containing  '26  names  begins  with  that  of  Tho. 
More,  and  continues  with  those  of  English  Fathers,  all  no  doubt 
in  the  London  Vicariate.  The  other  is  as  follows : 5 

H. 

In  Maryland.  In  Pensilvania. 

John  Lewis  Rob  :  Molyneux 

Geo  :  Hunter  Ferd  :  Farmer  -f- 

Bened  :  Neale  Math  :  Manners 

Thos  :  Digges  James  Frambach 

Cha :  Roels  Jno.  Bap  :  de  Ritter  + 

Jos  :  Mosely  +  Bern.  Rich. (b)  6 

Ign :  Mathews 

James  Walton 

John  Bolton 

Pet :  Morris 

The  acknowledgment  of  a  report  duly  returned,  that  the  Brief  had  been 
accepted  and  executed  in  Maryland  and  Pennsylvania,  was  made 
by  the  Cardinal  Prefect  of  the  Propaganda  to  the  Belgian 
Nuncio,  under  date  of  8  July,  1775,  nearly  two  years  after 
Challoner' s  notification  sent  to  the  missionaries,  as  above  : 

J.  1775,  July  8. 

A  Monsignor  Arcivescovo  di  Rodi,  Nunzio  Apostolico  in  Brusselles,  8 
luglio,  1775. 

Mi  e  pervenuto  colla  sua  de'16  giugno  caduto  il  clocumento  del- 
1'accettazione  del  Breve,  con  cui  e  stata  soppressa  la  Compagnia  di  Gesii, 
trasmesso  a  Vostra  Siguoria  dagli  individui,  che  trovansi  nelle  missioni  di 
Marilandia  e  Pensilvania ;  e  ne  rendo  le  piii  distinte  grazie  alia  sua  iiota 
pontualita  ed  attenzione.  Affairs  of  Ireland. 

Westminster  Diocesan  Archives,  1771-1775,  Castelli,  Rome,  25  Aug.,  1773,  to 
Challoner.  Ibid.,  Challoner,  London,  10  Sept.,  1773,  to  the  Propaganda.  Ibid., 
lists  of  ex- Jesuits,  who  have  signed  the  act  of  submission. — Stony  hurst  MSS., 
Anglia  A,  ix.  No.  139,  the  Roman  agent's  Italian  translations  of  extracts  from 
CJialloner's  letters  to  him,  17  Sept.,  24  Sept.,  1773 ;  copies.  A  pencil  note  says 
of  the  two  pieces  respectively :  copied  in  the  volume  of  Stonor's  negotiations, 
p.  197;  ...  p.  198.— Georgetown  College  MSS.,  1786,  Nov.  13-24,  Proceedings  of 

(b)  The  crosses  are  affixed  as  in  the  anginal. 

(A.  Buzsetti)  of  S.  Zalenski,  S.J.,  I  Gesuiti  della  Russia  Bianca,  document  v.,  pp. 
458-462  (Prato,  1888).  In  the  text  ibid.,  lib.  iv.  c.  2,  §  1,  p.  243,  instead  of  "  Cardinal 
A."  tJie  author  has  "  Cardinal  Antonclli."  Cf.  A.  Vivier,  S.J.,  French  edition  (1886) 
of  Zalenski's  work,  originally  in  Polish. 

*  For  the  original  document,  transmitted  (by  Challoner)  to  the  Propaganda,  see 
facsimile  opposite,  containing  21  signatures. 

6  Cf.  No.  150,  N2,  note  51,  for  Jive  more  names,  referred  at  this  date  to  the  Mary- 
land Mission.  Three  of  them,  Harding,  Chamberlain,  Lucas,  are  not  in  the  facsimile. 


608  No.  142,  A.     INACTION,    1773-1783  [IV 

the  General  Chapter,  off.  in  folio,  followed  by  tJie  letter,  To  the  Rev.  Gentle- 
men of  the  Southern  District,  8^.  in  folio ;  signed  by  J.  Digges,  J.  Ashton,  C. 
Sewall,  Sylv.  Boatman,  J.  Carroll;  ad  fin.,  ff.  10V-11.— Md.-N.  Y.  Province 
Archives,  45,  C.  Seivall's  original  draft  of  the  foregoing  letter,  ivith  corrections  ; 
19  pp.  of  a  4to.  quire.  Cf.  infra,  No.  153,  B.  [xn.].— Propaganda  Archives, 
(voZ.)  Scritture  risguardanti  1'esecuzione  del  Breve  di  Soppressioue  de'  PP. 
Gesuiti  ne'  luoghi  di  Mission!.  1774.  Missioni.  Miscellan.  Tom.  v.  f.  193, 
the  American  Jesuits'  act  of  submission,  as  in  the  facsimile  here  presented ; 
endorsed :  Scotia  [I],  1774.  Ibid.,  Lettere  della  S.  Congregazione,  1775,  vol. 
226,  f.  256,  the  Prefect  of  the  Propaganda,  8  July,  1775,  to  the  Belgian  Nuncio. 

No.  142.  1773-1783. 

Inaction  during  ten  years.  A  state  of  inaction  supervening  after  the 
Suppression  of  the  Society,  the  ex-Jesuits  merely  stayed  at  their 
%>osts,  discharging  in  a  spiritless  way  their  pastoral  duties. 
Correspondence  from  Europe  brought  them  information  that  the 
Brief  of  destruction  had  been  almost  universally  executed,  though 
the  news  was  in  reserve  for  them  at  a  later  hour  that  it  had  never 
been  executed  f  idly ,  and  that  the  Society  still  remained  intact  in 
White  Russia. 

A.  1782,  February  20. 

Father  John  Carroll,  Maryland,  20  Feb.,  178,2,  to  Father  Charles 
Plowden,  England. 

Items  about  the  Society,  and  ex- Jesuits  in  Maryland.  Father  (George) 
Hunter  has  died  since  Carroll's  last  letter  (27  Apr.,  1780)  to  Plowden.1 

I  observe  in  your  last  letter,  that  some  events  had  happened,  and 
others  were  likely  to  follow,  that  afforded  hopes  to  the  sanguine  of  a 
re-establishment  of  the  Society.  I  rejoice  indeed  at  these  events,  and 
particularly  that  it  has  pleased  God  to  vindicate  and  make  known  so 
publickly  the  innocence  of  the  poor  sufferers  in  Portugal.  This  was  a 
great  step  towards  a  compleat  justification,  and  with  serious  people  might 
be  a  sufficient  reason  to  call  in  question,  and  examine  the  other  scandalous 
aspersions  which  were  cast  upon  our  dear  Society.  TJie  spirit  of  irreligion, 
etc.,  which  now  prevails  is  an  obstruction  to  the  restoration  of  the  Order.  Add 
to  this,  that  the  re-establishment,  if  otherwise  probable,  would  be  opposed 
by  the  united  voice  and  efforts  of  all  those  plunderers,  who  have  enriched 
themselves  with  the  lands,  the  furniture  of  the  colleges,  the  plate  and 
treasure  of  the  churches  and  sacristies.  I  can  assure  you,  that  one  of 
my  strongest  inducements  to  leave  Europe,  was  to  be  removed  not  only 
out  of  sight,  but  even  out  of  the  hearing  of  those  scenes  of  iniquity, 
duplicity  and  depredation,  of  which  I  have  seen  and  heard  so  much. 
This  long  war,  which  has  waged  between  our  western  continent  and  your 
high-minded  island,2  at  the  same  time  that  it  deprived  me  of  the  pleasure 
of  hearing  from  my  friends,  has  at  least  afforded  me  this  consolation, 

1  G.  Hunter  died  16  June,  1779. 

2  The  War  of  Independence. 


§  i2]  No.  143.     CARROLDS  PLAN  (1782)  609 

that  I  have  not  been  mortified  with  the  recital  of  the  rapines,  with  the 
defamation  and  insults,  to  which  those  I  love  best  have  been  exposed. 

Reflections  on  the  missions  in  Paraguay,  etc.     Items  about  persons  and 
politics. 

The  clergymen  here  continue  to  live  in  the  old  form.  It  is  the 
effect  of  habit,  and  if  they  could  promise  themselves  immortality,  it  would 
be  well  enough.  But  I  regret  that  indolence  prevents  any  form  of 
administration  being  adopted,  which  might  tend  to  secure  to  posterity 
a  succession  of  Catholick  clergymen,  and  secure  to  these  a  comfortable 
subsistence.  I  said,  that  the  former  system  of  administration  (that  is, 
everything  being  in  the  power  of  a  Superior)  continued.  But  all  those 
checks  upon  him,  so  wisely  provided  by  former  (a)  constitutions,  are  at  an 
end.  It  is  happy  that  the  present  Superior"  is  a  person  free  from 
every  selfish  view  and  ambition.  But  his  successor  may  not  [6e].  And, 
what  is  likewise  to  be  feared,  the  succeeding  generation,  which  will 
not  be  trained  in  the  same  discipline  and  habits  as  the  present,  will  in  all 
probability  be  infected  much  more  strongly  with  interested  and  private 
views.  The  system  therefore,  which  they  will  adopt,  will  be  less  calculated 
for  the  publick  or  future  benefit,  than  would  be  agreed  to  now,  if  they 
could  be  prevailed  upon  to  enter  at  all  upon  the  business.  But  ignorance, 
indolence,  delusion 4  (you  remember  certain  prophecies  of  re-establish- 
ment), and  above  all  the  irresolution  of  Mr.  Lewis,  puts  a  stop  to  every 
proceeding  in  this  matter.  Items  about  Robert  Molyneux,  Raynal's  work, 
Torzi's  Italian  Cyclopaedia.  Small  hope  of  evils  being  checked.  They  have 
Moses  and  the  Prophets  ;  if  they  hear  them  not,  etc.  Let  us,  DT  Charles, 
thank  Aim.  God  for  being  brought  up  in  a  school,  where  we  learnd  the 
principles  and  saw  the  practice  of  those  virtues,  which  will,  I  hope,  ever 
make  us  discover  and  despise  the  shallow  sophisms  of  irreligion,  and  pre- 
tences of  immorality. 

May  God  ever  bless  you,  my  DT  friend ;  I  am 

Y':s  most  aff^ 

J.  CARROLL. 

Md.-N.  Y.  Province  Archives,  1782,  Feb.  20,  Carroll  to  Plowden ;  S  pp.  4to, 
No.  3. 

No.  14-3.  (1782.) 

Carroll's  plan  of  organization.  Father  John  Carroll  himself  took  the 
matter  in  hand  of  proposing  to  organize,  and  he  expounded  the 
essential  principles  of  action  in  the  following  paper.  He  had  at 
this  time  no  official  position.  The  document  stands  on  the  merits 
of  its  principles  and  nothing  further.  It  is  profusely  corrected. 

(a)  The  word  former,  qualifying  constitutions,  is  inserted  by  the  writer  above  tliz  line. 

3  Father  John  Lewis,  former  Superior  of  the  Jesuit  Mission. 

4  Compare  No.  154,  D. 


610  No.  143,  A.     CARROLL'S  PLAN  (1782)  [IV 

And,  to  show  the  process  of  thought  in  the  mind  of  Father 
Carroll,  whose  proposals  were  then  carried  out  in  practice,  we 
shall  subjoin  in  footnotes  the  chief  erasures,  as  they  stand  in  this 
draft,  his  additions  interlined  being  inserted  in  the  text. 

A.  (1782.) 

IHS. 

[/.]  The  estates (a)  heretofore  enjoyed  by  the  Society  in  this  and  the 
neighboring  province  of  Pensylvania,  still  continue  (b)  to  be  held  by  the 
former  members  of  that  body.  Thus  they  have  it  in  their  power  to 
administer  the  same  spiritual  helps  to  the  faithful,  as  heretofore,  and 
have  a  fair  prospect  of <c)  perpetuating  the  same  services,  which  they  now 
perform,  to  succeeding  generations.  It  is  certainly  their  duty  to 
endeavour  to  do  this  good  work.  The  obligations  of  justice  to  the 
benefactors,  who  took  up  or  left  these  estates  for  pious  uses  ;  (d)  the  sort 
of  consecration  which  (e)  estates  from  such  a  destination  acquire  ;  the 
duty  of  charity  to  the  present  and  future  generations  (f)  demand  this 
service  of  them.  To  which  may  be  added,  that  Almighty  God  seems  in 
a  particular  manner  to  (s)  impose  this  duty  upon  them,  by  preserving  in 
the  same  hands  the  property  of  the  houses  of  the  Society  in  these  two 
provinces,  while  in  almost  every  other  country,  its  former  members  are 
not  only  deprived  of  any  share  in  the  administration  of  it,  their  antient 
possessions,  but  have  scarce  a  miserable  pittance  allowed  them  to  subsist 
upon. 

[ii.]  There  can  be  no  doubt  but (h)  that  every  one,  [/.  1"]  who  bears  a 
love  and  veneration  for  his  former  profession,  wishes  to  continue  the 
same  offices  of  charity  to  his  neighbour,  and  to  establish  the  same  equal 
enjoyment  of  the  common  stock,  and  farther  to  make  a  proper  provision 
for  a  due  and  equitable  administration  of  it. 

[///.]  To  effect  these  good  purposes,  nothing  will  so  much  contribute 
as  the  adoption  of  some  system  of  administration,  settled  with  the  joint 
concurrence  of  all, (j)  and  (k)  founded  on  principles  of  justice  and  equality. 
It  was  the  G)  advantage  of  the  government  of  the  Society,  that  in  the 
administration  of  its  temporal  effects,  the  managers  of  them  were  under 
the  controul  of  checks,  one  rising  above  the  other,  and  calculated  to 
prevent  alienations,  or  the  abuses  of  waste,  appropriation,  and  a  partial  * 
application  of  the  (m)  yearly  incomes.  Thus  the  Procurators,  besides 

(a)  Possessed  by. 

(b)  In  the  hands  of  the. 

(c)  Transmitting. 

(d)  The  precept  of  charity. 

(e)  Such. 

(f)  Require. 

(g)  Exact. 

(h)  A  rightful. 

(j)  The  members  of  the  former  Society  now  in  the  country. 

(k)  Partaking,  as  much  as  circumstances  will  allow,  of  the  former  government. 

(1)  Perfection. 

(m)  Yearly. 

1  That  is,  slimuing  partiality. 


§  12]  No.  143,  A.     CARROLL'S  PLAN  (1782)  611 

being  limited  in  their  powers,  were  obliged  to  submit  their  books  every 
month  to  the  inspection  of  the  Rectors ;  the  Rectors  were  every  year  to 
lay  the  whole  before  the  Provincial  ;  the  Provincial  was  to  examine 
them  (n)  with  his  Companion,  and  to  put  an  immediate  stop  to  mal- 
administration, for  which  he  [/.  2]  was  invested  with  an  extraordinary 
power  of  deposing  a  Rector,  when  the  necessity  of  the  case  was  urgent, 
and  admitted  110  delay.  The  Provincial,  besides  being  (o)  liable  to  be 
controulled  by  his  Consultors  and  Aclmonitor,  was  to  lay  every  third  year 
the  whole  administration  of  the  Colleges  before  the  Provincial  Congrega- 
tions,2 who  were  to  depute  a  Procurator  with  them  to  Rome ;  and  was 
moreover  to  send  to  the  General  yearly  accounts.  The  General  whom 
the  Constitutions  vest  with  a  power  energically  called  superinten- 
dent! a,  (p)  could  not  alienate  without  manifest  advantage,3  appropriate  to 
himself,  or  make  a  partial  application  of  any  part  of  the  estates 
possessed  by  Colleges  : 4  if  he  did,  this  was  one  of  the  cases  deemed 
sufficient  for  his  deposition.  He  was  constantly  liable  to  be  checked  by 
his  admonitor  and  <q)  advised  by  his  assistants ;  who  were  authorised  to 
depose  him  instantly,  if  his  maladministration  of  the  temporals  rendered 
it  necessary,  and  to  call  a  general  Congregation  afterwards,  to  lay  before 
them  the  necessity  of  the  case ;  so  that  the  last  ressort,  on  which  rested 
the  (l)  final  inspection  into  the  temporal  and  all  general  interests  of  the 
Society,  was  the  body  of  the  Society  represented  by  its  Deputies. 

[iv.]  These  were  undoubtedly  wise  provisions,  and  well  calculated  to 
prevent  the  effect  of  those  passions,  which  are  so  [/.  2"~\  apt  to  disturb 
the  peace  and  happiness  of  all  Societies :  and  should  be  imitated  as  far 
as  the  particular  circumstances  of  the  Country,  and  the  necessary  altera- 
tion arising  from  the  dissolution  of  the  Society  will  admit.  At  this 
time,  is  there  any  check  on  the  administrators  of  the  (s)  priest's  estates  ? 
If  their  conscience  did  not  restrain  them,  might  not  they,  who  have  the 
legal  title  to  the  lands,  dispose  of  the  yearly  produce  entirely  to  their 
own  profit,  without  controul,  or  responsibility  ?  and  is  not  this  an 
alarming  consideration  ?  It  is  happy  for  the  priests,  and  indeed  for  the 
Roman  Catholicks  in  general,  that  these  estates  are  now  vested  in  such 
persons,  as  having  no  interest  in  view  but  the  general  good,  will  be  ready 
to  concur  in  any  measure  to  perpetuate  the  blessings  of  a  Catholick 
ministry  in  this  country.5  They,  who  succeed  them  in  their  trust  (t)  may 

(n)  Jointly  with  the  Consultors  of  the  Province. 

(o)  Watched. 

(p)  And  not  dominium. 

(q)  Controuled. 

(r)  Management  of. 

(s)  Lands  and  money  of  the  priests. 

(t)  The  present  holders  of  priests  lands. 

•  This  statement  is  not  correct ;    and  so  yearly,  in  the  next  line,  should  bo 
"  triennial." 

3  Cf.  No.  116,  D,  §  18,  the  General  to  Marechal ;  ibid.,  §  27,  note  27. 

4  Cf.  Nos.  150,  A2,  p.  651;  203,  B,  IV.,  "First;"  the  General  to  Card.  Fesch. 
b  Cf.  No.  99,  C,  Carroll's  criticism  on  Smytli's  invidious  reflections. 


612  No.  143,  A.     CARROLL'S  PLAN  (1782)  [IV 

not  be  equally  disinterested  and  honest ;  and  it  would  be  unpardonable 
in  (u)  the  present  trustees  [?],  heretofore  members  of  the  Society,  thro' 
indolence  or  inattention  to  let  slip  the  opportunity  of  establishing  a 
system  of  administration,  which  shall  have  for  its  object  to  provide  an 
equitable  support  for  all  the  present  (v)  labourers  in  Christ's  vineyard,  and 
to  (w)  transmit  that  same  support  to  their  successors  in  the  niunistryT" 

[f-j  [/.  5]  Whatever  administration  be  adopted,  it  is  of  the  utmost  con- 
sequence that  it  should  be  settled  byAcommon  consent.''  For,  if  it  should 
be  done  by  a  junto  of  three  or  four,  it  will  be  sure,  sooner  or  later,  to 
breed  disturbances  and  disgust ;  and  the  authority,  by  which  the 
administration  should  be  so  settled,  would  be  disputed.  When  it  is  said, 
that  it  should  be  done  by  common  consent,  the  meaning  is  not,  that  it  is 
necessary  for  every  clergyman  personally  to  attend,  when  the  mode  of 
administration  is  fixed  ;  tho'  this,  if  possible,  would  be  very  desirable  ; 
but  that  some  might  attend  in  behalf  of  all.  Supposing,  for  instance, 
that  the  priests  at  St.  Inigo  and  Newtown  should  depute  one ;  those  at 
Portobacco,  one ;  those  at  the  Marsh  and  its  neighbourhood,  one ;  those 
at  Deer  Creek,  Bohemia,  and  Talbot  County,  one;  those  at  Frederick- 
town,  Conewago  and  Lancaster,  one ;  those  at  Philadelphia  and  other 
places  in  Pensylvania,  one ;  and  that  (with  the  present  Superior  at  their 
head),  having  met  at  a  convenient  place,  and  agreed  upon  such  a  plan  as 
will  appear  best  to  them,  and  corresponding  with  the  importance  of  the 
object,  and  the  intentions  of  their  constituents, (x)  they  at  their  return 
lay  it  before  them  for  their  approbation.  As  the  plan  thus  agreed  upon 
would  [/.  3"]  be  intended  for  °°  the  future  as  well  as  the  present  time, 
there  can  be  no  doubt  but  all  would  divest  themselves  of  (z)  partial 
considerations. 

IT/.]  It  has  been  observed  already,  that  the  preservation  of  the 
Catholick  clergys  estates  from  alienation,6  waste  and  misapplication,  is 
to  be  the  object  and  end  of  this  meeting.  But  that  they,  who  are 
deputed  to  it,  may  (a2)  come  better  prepared  for  the  consideration  of  these 
important  ^  matters,  and  that  their  views  may  all  be  drawn  more  to  a 
center,  it  will  not,  'tis  hoped,  be  deemed  impertinent  to  mark  out  with 
more  precision  the  subjects  for  their  deliberation.  In  the  first  place,  by 
the  present  mode  of  conveying  and  holding  the  estates,  is  sufficient  pre- 
caution taken  to  prevent  their  alienation,  or  their  falling  into  other 
hands,  than  those  of  the  Clergy  1  2ly.  Is  any  or  sufficient  provision  made 

(u)  [TA.e]m  and  others. 

(v)  Ministers'].     This  is  the  word  subsequently  adopted  in  the  Act  of  Incorporation.     See  No.  164,  A. 

(w)  Perpetuate. 

(x)  And  the  importance  of  the  objects. 

(y)  Futurity. 

(z)  Any. 

(a")  Be. 

(b=)  Objects. 

6  Alienation  here  means  the  application  of  such  property  to  other  than  pious  uses. 
It  does  not  mean  selling  or  exchanging  within  the  purposes  of  a  pious  use.  Cf.  Nos. 
148,  note  3 ;  197,  B,  on  the  use  of  the  term  "  ecclesiastical "  in  Maryland. 


§  12]  No.  143,  A.     CARROLL'S  PLAN  (1782)  613 

to  prevent  the  possibility  (for  not  only  what  has,  but  what  may  happen, 
should  be  considered)  of  (C2)  those  persons,  (d2)  who  enjoy  the  legal  title  to 
the  lands,  appropriating  the  whole  income  of  them  to  themselves,  their 
friends  and  relations,  or  dealing  it  out  partially  to  their  fellow  labourers 
in  the  (C2)  mission,  more  to  some  and  less  to  others'?  3ly.  Will  it  not 
be  proper  to  devise  some  sufficient  securities,  checks  and  controuls  [/.  4\ 
to  prevent  these  mischiefs  ?  4thly.  Should  not  a  mode  of  application  be 
determined  in  this  meeting,  or,  as  that  will  be  difficult,  ought  not  some 
general  rules  to  be  laid  down,  whereby  they  may  be  directed,  who  have 
in  their  hands  the  immediate  management  of  the  estates  (f2)  ?  5ly.  Would 
it  be  advisable  to  appoint  by  common  consent  some  few  persons,  (g2)  others 
than  the  managers  of  the  different  estates,  to  revise  the  yearly  accounts, (h2) 
and  report  on  them,  if  they  discover  any  waste  (J2)  or  misapplication  ?  Or 
would  it  be  more  expedient  to  have  the  different  estates  laid  off  in 
districts,  and  some  in  each  district  appointed  as  a  check  upon  the 
managers  ?  6Iy.  If,  after  providing  for  the  subsistance  of  the  missioners 
(in  which  particular  regard  should  be  had  for  the  old  and  infirm),  there 
should  remain  a  surplus  in  the  hands  of  the  managers,  ought  not  the 
application  of  it  to  be  determined  by  general  consent?  and  ought  not 
that  application  to  be  for  some  pui'pose  conducive  to  the  good  of 
Religion,  (k2)  as  a  fund  for  procuring  more  Priests,  founding  other  places, 
etc.7  7ly.  If  any  clergyman  is  wanting  to  his  duty  by  negligence  or 
otherwise,  ought  he  not  to  be  [/.  42']  deprived  of  all  right  to  a  subsistance, 
which  was  never  intended  to  be  the  bread  of  idleness  ?  and  what  authority 
is  to  determine,  who  is  and  who  is  not  entitled  to  ('2)  a  provision  ? 

[FT/.]  If  any  objection  is  made  to  the  establishing  of  some  such 
securities  and  regulations,  (m2)  it  is  conceived  that  the  objection  will  arise 
from  the  habits  of  thinking  and  living  acquired  in  our  former  profession. 
Accustomed  to  enjoy  happiness  and  tranquillity,  and  to  see  everything 
conducted  smoothly  under  the  government  of  our  Superiors,  we  did  not 
trouble  ourselves  with  considering  the  many  checks  and  restraints  pro- 
vided by  the  Constitutions  against  any  abuse  of  power,  to  which  we  were 
indebted  for  (na)  that  mild  and  (02)  equitable  government.  (|12)  Considering 
the  nature  of  mankind,  when  the  present  generation  is  past,  and  (q-y  the 
spirit  which  animated  the  Society  is  no  more,  we  must  not  hope  that  (r2) 
men,  uncontrouled  by  any  checks,  will  use  power  so  moderately,  or 
money  so  fairly  and  impartially,  as  we  have  seen  it ;  and  the  sooner  this 
is  provided  against,  the  better.  Our  Brethren  in  England  have  done  so.8 

(c=)  The.  (d=)  Enjoying. 

(e=)  Same.  (f =)  In  their  hands. 

(g=)  Not.  (h")  Yearly. 

(j2)  And.  (k=)  And  purposes  of. 

(I2)  Such.  (m=)  As  are  proposed. 

(n=)  Our.  (o=)  Happy. 

(p-)  We  must  not  hope.  (q=)  That.  (r2)  We. 

1  Here  is  the  key-note  of  the  eleemosynary  policy  followed  in  tlic  administration  of 
the  estates,  and  illustrated  throughout  this  Section  IV.  and  the  following  Section  V. 
8  Cf.  English  Province  Archives  S.J.,  MSS.,  vol.  1 ;  Acts  of  the  First  Congress, 


614  No.  143,  A.     CARROLL'S  PLAN  (1782)  [IV 

They  have  rightly  distinguished  be-[/.  5]  (s=)-tween  the  spiritual  power 
derived  from  the  Bishop,  and  which  must  be  left  in  the  hands  to  which 
he  has  intrusted  it ;  and  the  common  rights  of  the  (ta)  missioners  to  their 
temporal  possessions,  to  which  as  the  Bishop,  or  Pope  himself,  have  no 
just  claim,  so  neither  can  they  invest  any  person  or  persons  with  the 
administration  of  them.9 

Md.-N.  Y.  Province  Archives,  3,  a  Carroll  draft,  without  date  or  signature ; 
8  pp.  4to,  with  seven  lines  attached  of  a  9th  p.  We  assign  it  to  1782,  as  inferred 
from  the  tenor  of  his  remarks  in  letters  to  Charles  Plowden. — Georgetown  College 
Transcripts  (1783) ;  a  Shea  copy. 

The  substance  of  this  document  is  clear,  though  the  writer's  memory  was 
at  fault  in  a  minor  point  or  two  of  the  Jesuit  Constitutions — as 
that  of  the  Provincial  Superior  exhibiting  accounts  in  the  Provincial 
Congregation.  This  was  not  so ;  accounts  were  rendered  to  the 
General.  Carroll's  allusion  to  Roman  authorities,  in  the  last 
sentence  here,  and  much  more  his  reflections  in  other  documents 
of  this  period,  betray  an  emphasis  or  tendency,  the  explanation  of 
which  belongs  not  to  this  place,  but  to  our  historical  narrative™ 

We  presume  that  a  copy  was  communicated  to  the  clerical  brethren, 
seeing  that,  in  the  following  year,  all  the  main  lines  traced  in  this 
draft  were  followed  and  filled  out  in  organizing  a  Chapter. 
This  institution  always  existed  afterwards  as  representing  the 
Select  Body  of  Clergy  whom  Carroll  addressed;  but  soon  it 

(s=)  F.  5  is  a  slip  attacked  to  foot  of  f.  It. 
(tr)  Former  members. 

held  Apr.  29-May  6,  1776,  fourteen  deputies  of  the  English  ex-Jesuits  being  in  attend- 
ance from  their  respective  Districts.  Father  Joseph  Reeve,  secretary  of  the  Congresses, 
gives  a  relation  of  the  antecedents,  from  the  date  of  the  Suppression,  1773.  Ibid., 
vol.  2  ;  Acts  of  the  Second  Congress,  July  8-July  21,  1784.  An  administrative  board 
of  five  members,  corresponding  to  the  General  Chapter  in  Maryland,  had  been  appointed 
to  act  till  the  next  general  meeting,  which,  if  judged  necessary,  should  be  held  once 
every  three  years.  At  first,  Father  Thomas  Talbot  was  agent  of  the  temporalities. 
Then  Father  William  Strickland  became  procurator,  an  office  which  he  occupied  still 
for  many  years,  after  the  re-establishment  of  the  Society  in  England  and  America. 
Cf.  No.  150,  Q. 

A  private  pamphlet,  by  Father  Joseph  Reeve,  on  the  Constitution  of  the  late  Society, 
on  the  property  of  the  extinct  English  Province,  and  the  institution  of  a  Congress  by 
the  ex-Jesuits,  etc.,  may  well  have  supplied  Carroll  with  materials  for  this  paper  of  his, 
which  otherwise  is  original.  (Stonyhurst  College  Library,  Pamphlets,  P.  7/12,  No. 
10 ;  annotated  in  pencil :  Auctore  P.  J.  Reeve,  dicente  P.  Oliver ;  pp.  1-8,  small  8vo, 
incomplete,  reaching  to  the  beginning  of  the  First  Congress,  29  Apr.,  1776.) 

!l  As  to  this  and  other  statements  of  Carroll  as  well  as  of  the  ex-Jesuits  in  Maryland 
and  England,  compare  the  following  rather  forcible  passage,  quoted  by  some  English 
ex-Jesuit  from  a  divine  :  La  Chambre  Apostolique  n'a  acquis  aucun  droit  sur  les  biens 
des  Jesuites  :  ceux-ci  en  sont  toujours  les  vrais  proprietaires,  et  le  seront  essentielle- 
ment,  tandis  qu'un  seul  d'entre  eux  restera  sur  la  terre.  Oui,  telle  est  la  loi  naturelle. 
La  premiere  saisie  qu'en  fit  le  rise  fut  usurpation,  et  la  privation  dans  laquelle  il 
retient  les  Jesuites  est  tyrannic.  Res,  dit  I'axiorue,  clamat  domino.  (Stonyhurst 
College  Library,  P.  7/12 :  London,  June  28,  1784  ;  small  8vo  pamphlet,  pp.  12 ;  p.  7.) 

10  Compare  tlie  language  vised  infra,  Nos.  144,  A;  146,  note  2;  151,  B,  1°;  152, 
B,  [/.],  [«•],  2^,3^,  [///.]. 


§  12]         No.  144,  A.     CARROLL'S   CORRESPONDENCE,   1783-1788          615 

committed  its  administrative  functions  to  another  Board,  con- 
sisting of  Trustees  incorporated  by  law.  The  Chapter  itself  was 
then  called  the  Select  Clergy's  body  of  Eepresentatives.  The 
chartered  Board  of  Trustees  was  called  the  Corporation. 
In  the  whole  paper  of  Carroll 's  just  given,  there  is  not  a  doubt  expressed 
or  implied  as  to  the  titles,  by  which  the  Society  before  suppression, 
and  the  ex-Jesuits  after,  possessed  and  enjoyed  the  estates.  In 
the  last  sentence,  he  affirms  their  rights  against  any  bishop  and 
the  Pope. 

No.  144.  1783-1788. 

Carroll's  views  :  his  correspondence.  The  impersonal  character  of 
Father  John  Carroll's  plan,  as  given  in  the  foregoing  Number, 
may  be  supplemented  with  the  personal  views  appearing  in  his 
letters. 

A.  1783,  September  26. 

Carroll,  26  Sept.,  1783,  to  Charles  Plowden,  England. 

Amid  particulars  about  his  relative  Charles  Wharton,  the  hopes  of  indemni- 
fication entertained  by  the  English  ex-Jesuits  for  the  loss  of  their  house  at 
Bruges,  and  prospects  of  the  Society's  restoration :  Our  gentlemen  here  con- 
tinue, as  when  last  I  wrote.  We  are  endeavouring  to  establish  some 
regulations  tending  to  perpetuate  a  succession  of  labourers  in  this  vine- 
yard, to  preserve  their  morals,  to  prevent  idleness,  and  to  secure  an 
equitable  and  frugal  administration  of  our  temporals.  An  immense  field 
is  opened  to  the  zeal  of  apostolical  men.  Universal  toleration  throughout 
this  immense  country,  and  innumerable  R.  Catholics  going  and  ready  to 
go  into  the  new  regions  bordering  on  the  Mississippi,  perhaps  the  finest 
in  the  world,  and  impatiently  clamorous  for  clergymen  to  attend  them. 
The  object  nearest  my  heart  is  to  establish  a  college  on  this  continent 
for  the  education  of  youth,  which  might  at  the  same  time  be  a 
seminary  for  future  clergymen.  But  at  present  I  see  no  prospect  of 
success. 

As  to  what  Father  Thorpe  (Rome)  reports,  that  designs  are  entertained 
of  obtaining  all  the  goods  of  the  extinct  Society  in  America  as  well  as  in 
England:  Your  information  of  the  intention  of  the  Propag1?  gives  me 
concern  no  farther,  than  to  hear  that  men,  whose  institution  was  for  the 
service  of  Religion,  should  bend  their  thoughts  so  much  more  to  the 
grasping  of  power,  and  the  commanding  of  wealth.  For  they  may  be 
assured  that  they  will  never  get  possession  of  a  sixpence  of  our  property 
here ;  and,  if  any  of  our  friends  could  be  weak  enough  to  deliver  any  real 
estate  into  their  hands,  or  attempt  to  subject  it  to  their  authority,  our 
civil  government  would  be  called  upon  to  wrest  it  again  out  of  their 


616  No.  144,  B.     CARROLL'S  CORRESPONDENCE,   1783-1788  [IV 

dominion.1  A  foreign  temporal  jurisdiction  will  never  be  tolerated  here  ; 
and  even  the  spiritual  supremacy  of  the  Pope  is  the  only  reason,  why  in 
some  of  the  United  States  the  full  participation  of  all  civil  rights  is  not 
granted  to  the  Roman  Catholics.  They  may  therefore  send  their  agents 
when  they  please ;  they  will  certainly  return  empty-handed.  My  only 
dread,  as  I  said  before,  would  be  the  scandal  that  would  result  from  the 
assertion  of  unjust  pretensions  on  the  one  hand,  and  of  undoubted  rights 
on  the  other.  And  these  sentiments  and  communications  you  may  make 
as  publick  as  you  think  proper.  .  .  . 

B.  1788,  March  22. 

Carroll,  Baltimore,  22  Mar.,  1788,  to  the  Rev.  Francis  Beeston, 
Philadelphia.  On  the  spirit  of  apostolic  detachment,  which  should  guide  men 
in  things  temporal  and  spiritual. 

The  division  in  the  German  congregation.  I  can  console  myself,  and  I 
know  that  you  will,  with  St.  Paul  to  the  Philippians,  i.  17  :  "  Some  out  of 
contention  preach  Christ,  not  sincerely,  supposing  that  they  raise  affliction 
to  us.  But  what  then  ?  So  that  everyway,  whether  by  occasion  or  by 
wish,  Christ  be  preached,  in  this  also  we  rejoice,  yea  and  will  rejoice." 
Read  the  following  verses  in  which  you  will  find  encouragement  and  the 
true  principles,  by  which  the  Society  always  governed  herself  and  finally 
merited  superior  esteem,  which  has  followed  her  in  her  dissolution,  and 
even  increased,  if  possible.  I  considered  farther  that  it  is  very  uncertain, 
how  long  the  spirit  of  the  Society  will  be  kept  alive,  at  least  in  this 
country.  I  am  afraid  not  much  longer  than  they  live  who  have  been 
trained  under  its  discipline.  And  into  what  hands  will  our  religious 
establishments  and  possessions  fall  hereafter,  if  our  proposed  school  and 
seminary  should  fail  of  success,  which  certainly  is  now  beyond  the  bounds 
of  probability  ?  The  expense  of  a  Liege 2  education  at  the  advanced  price 
of  £40  p.  ann.  for  young  ecclesiastics  renders  it  impracticable  for  many 
Americans  to  profit  by  that  excellent  Institution ;  and  even  that  without 
a  restoration  of  the  Society  is  liable  to  degeneracy.  In  case  therefore  of 
our  own  school  failing,  our  houses  and  foundations  will  probably  fall  into 
hands  of  such  missionary  adventurers,  as  we  have  lately  seen.  Supposing 
this  the  case  of  your  house  and  church  at  Philadelphia,  will  it  not  be  a 
comfort  to  good  Christians  to  have  another  church  there,  in  one  of  which 
at  least  there  may  be  some  zeal,  some  regard  for  public  edification ;  and 
this  I  meant  to  insinuate  in  my  letters  to  the  German  petitioners,  when  I 
mentioned  that  exertions  might  be  greater  where  there  was  mutual 
example,  etc.  Read  all  ecclesiastical  history  ;  and  you  will  find  the 
best  Bishops,  a  St.  Charles  Borromeo,  a  St.  Francis  of  Sales,  etc., 
sollicitous  to  multiply  religious  establishments.  I  know  very  well  that  the 

1  Cf.  No.  125  seq.,  Mgr.  Marechal's  views  on  this  doctrine,  when  formulated  by 
Charles  Neale  ;  and  No.  131  seq.,  when  it  was  acted  upon.     Cf.  No.  197,  B. 

2  Ex-Jesuit  College,  transferred  subsequently  to  Stonyhumt,  Lancashire,  England. 


§  12]  No.  145,  A.      THE  EX-JESUIT  CHAPTER,    1783-1784  617 

circumstances  were  somewhat  different,  and  that,  generally  speaking,  those 
undertakings  were  conducted  with  harmony.  But  even  the  history  of 
the  Society  and  the  passage  of  St.  Paul  above  recited  furnish  contrary 
examples.  Carroll  answers  the  possible  objections  of  Beeston,  that  the  con- 
cession will  encourage  a  spirit  of  revolt,  will  foster  a  schism,  etc. 

Md.-N.  Y.  Province  Archives,  1783,  Sept.  26,  Carroll  to  Plowden  ;  7  pp.  4to, 
No.  5. — Georgetown  College,  Transcripts,  1788,  March  22,  Carroll,  Baltimore,  to 
Beeston,  Philadelphia ;  a  copy  by  Shea. 

No.  145.  1783-1784. 

The  Chapter  :  organization  of  ex-Jesuits  in  Maryland.  In  the  course 
of  three  meetings,  held  between  the  27  June,  1783,  and  11  Oct., 
1784,  Mie  Chapter  of  the  Clergy  was  organized.  The  funda- 
mental document,  signed  ~by  all  the  delegates,  consists  of  several 
parts  (cf.  Nos.  146,  147). 
A.  1783,  June  27-1784,  October  11. 

Proceedings  of  the  General  Chapter  1783,  1784.      The  Constitution. 
[/.]  THE  FORM  OF  GOVERNMENT,  in  19  sections. 

[//.]  RULES  FOR  PARTICULAR  GOVERNMENT  OF  MEMBERS  BELONGING  TO 
THE  BODY  OF  THE  CLERGY,  in  6  sections. 

[in.]  REGULATIONS  RESPECTING  THE  MANAGEMENT  OF  PLANTATIONS,  in 
8  sections ;  followed  by  the  Formula  of  Promise  and  another  paragraph,  as 
follows : 

[/r.]  I  promise  to  conform  myself  to  the  forms  and  regulations, 
established  for  the  government  of  the  Clergy  residing  in  Maryland  and 
Pennsylvania,  so  long  as  I  expect  maintenance  and  support  from  them.1 

[r.]  Be  it  remembered  that  these  Regulations  began  to  be  formed  by  a 
meeting  of  some  of  the  Clergy  in  Maryland,  held  at  the  Whitemarsh, 
June  27th,  1783.  Members  there  present :  Messrs.  Bern.  Diderick,  J"? 
Carroll,  Jn.°  Ashton,  Char.  Sewall,  Sylves.  Boarman  and  Leon'!  Neale  j 
and  were  continued  in  another  meeting  held  at  the  aforesaid  place,  Nov. 
6th,  1783.  Members  present :  Messrs.  J".°  Lewis  for  the  Northern 
District ;  Bern.  Diderick  and  J".°  Carroll  for  the  Middle ;  and  Ign?  Mat- 
thews and  James  Walton  for  the  Southern  District.  And  finally 
concluded  and  determined  at  the  3'.1  meeting,  held  at  the  White  Marsh, 
Oct.  11,  1784,  and  declared  to  be  binding  on  all  persons  at  present  com- 
posing the  Body  of  Clergy  in  Maryland  and  Pennsylvania. 

In  witness  whereof  we  here  subscribe  our  Names.     N.N. 

[17.]  Then  follows  the  course  of  current  business,  in  14  sections.  Cf.  infra, 
No.  148. 

[ra.]  The  special  business  of  Mr.  Thorpe's  letter  about  a  bishop,  in  5 
sections.  Cf.  No.  149,  B. 

Chapter  adjourned  to  the  10th  of  October,  1787.     All  signed. 

1  Cf.  infra,  No.  168,  A,  24° ;  B,  C :  the  oath  appointed  for  the  Tmstees  to  take 
under  the  Act  of  Incorporation,  'l793, 

VOL.  I.  2S 


618  No.  145,  B,  C.     THE  EX-JESUIT  CHAPTER,    1783  1784  [IV 

As  these  three  general  meetings  were  preceded  ly  partial  meetings  of  the 
constituent  districts,  and  the  drafts  of  regulations,  reported  back 
each  time  from  the  Chapter  of  delegates  or  representatives  to  their 
constituents,  were  taken  up  again  under  instructions  ~by  the  same 
deputies  in  Chapter,  every  body  had  taken  a  part  in  the  election 
of  representatives  and  had  expressed  his  views  on  the  form  of 
constitution.  TJius  we  have  the  minutes  of  a  partial  meeting  as 
follows : 

B.  1783,  September  23. 
Proceedings  of  the  Southern  District  meeting,  28  Sept.,  IT 83. 

+ 
Ad  Majorem  Dei  Gloriam 

Proceedings  at  a  meeting  of  the  Southern  District  of  the  Clergy  in 
Maryland,  held  at  New  Town,  St.  Mary's  County,  Sept.  23,  1783. 

There  were  present  Messieurs  Bennett  Neale,  Ignatius  Matthews, 
James  Walton,  Peter  Morris,  John  Bolton,  John  Boarman  and  Augustin 
Jenkins;  Messrs.  Benj.  Roels  and  Leonard  Neale  not  being  able  to 
attend. 

The  business  of  choosing  a  Superior  for  the  whole  Mission,  and  two 
deputies  for  the  General  Chapter,  was  conducted  by  secret  ballot,  resulting 
in  the  unanimous  choice  of  Father  John  Lewis  as  Superior,  and  of  Fathers 
Ignatius  Matthews  and  James  Walton  as  representatives. 

As  to  the  draft  of  rules  and  regulations  made  at  the  first  general  meeting 
of  the  clergy,  on  27  June,  some  fifteen  observations  or  amendments  were  now 
offered.  Cf.  Nos.  146,  147,  passim. 

C.  1783,  November  6. 

Proceedings  of  the  General  Chapter,  6  Nov.,  17 83. 

18"  If  the  alterations  now  made  in  the  Form  of  Government,  and 
contained  in  the  2d.  3d.  4th.  6th.  7th.  8th.  9th.  10th.  llth.  12th.  and 
13th.  sections  of  these  proceedings,  are  ratifyed  by  the  next  Chapter,  or 
in  the  mean  time  approved  by  the  Body  of  the  Clergy,  they  must  at 
the  next  Chapter  be  inserted  in  that  Form  etc.,  and  be  submitted  to 
by  all. 

Md.-N.  Y.  Province  Archives,  1783,  Sept.  23,  minutes  of  the  Southern 
District  meeting.  Ibid.,  1783,  Nov.  6,  minutes  of  the  General  Chapter,  White 
Marsh,  4  pp.,  4to ;  the  hand  of  the  General  Chapter  mimites  at  this  time  is 
apparently  James  Walton's.  Ibid.,  1784,  Oct.  11,  Form  of  Government,  etc. ; 
5  large  quarto  folios ;  a  copy,  not  signed.  On  the  General  Chapter,  1783,  1784, 
cf.  J.  G.  Shea,  History  of  the  Catholic  Church  in  the  United  States,  ii.  207, 
208,  238-242. 

The  alterations  which  were  introduced  into  the  scheme  of  government 
followed  in  large  part  the  suggestions   offered  by   the  Southern 


§  12]  No.  146,  A.     CHAPTER  FORM  OF  GOVERNMENT  619 

District,  which  was  the  most  important  division  of  the  Maryland 
ex-Jesuits,  and  comprised  no  fewer  than  nine  of  them.  Their 
names  were  given  above  (B).  Though  the  whole  organization  is 
very  guarded  in  professing  to  treat  only  of  temporalities,  and  not 
trenching  on  spiritual  things,  there  are  some  provisions  of  more 
general  importance  in  the  Form  of  Government  finally  approved 
(11  Oct.)  1784) ;  and  several  of  these  we  shall  note. 

No.  146.  1784-1805. 

The  Chapter  Form  of  Government.  The  Constitution  adopted  in 
1784  remained  in  full  force  till  1805,  when  the  Society  was 
partially  restored.  Modifications  had  then  to  be  introduced  in 
practice,  owing  to  the  revival  of  Jesuit  authority  over  members  of 
the  Order ;  and  further  modifications  came  into  force  later,  after 
the  universal  restoration  of  the  Society  (1814).  While  the  plan 
was  maturing  Carroll  imparted  information  to  Father  Charles 
Plowden  in  England. 

A.  1784,  April  10. 

Carroll,  Maryland,  10  Apr.,  1784,  to  Plowden.     Extract. 

The  negotiations  of  the  French  Nuncio  loitli  Benjamin  Franklin  (Paris) 
about  the  appointment  of  a  bishop  in  America.1  Carroll's  own  declaration 
as  to  the  only  form  of  ecclesiastical  government  ivhich  will  Le  admitted  in 
the  United  States.'2 

1  Cf.  J.  G.  Shea,  History  of  the  Catholic  Church  in  the  United  States,  ii.  213-216. 

2  But  this  you  may  be  assured  of ;  that  no  authority  derived  from  the  Propada 
will  ever  be  admitted  here ;  that  the  Catholick  Clergy  and  Laity  here  know  that  the 
only  connexion  they  ought  to  have  with  Rome  is  to  acknowledge  the  Pope  as  Spirl 
head  of  the  Church ;  that  no  Congregations  existing  in  his  States  shall  be  allowed 
to  exercise  any  share  of  his  Spirl  authority  here ;  that  no  Bishop  Vicar  Apostolical 
shall  be  admitted,  and,  if  we  are  to  have  a  Bishop,  he  shall  not  be  in  partibus  (a 
refined  political  Roman  contrivance),  but   an  ordinary  national  Bishop,  in  whose 
appointment   Rome    shall   have   no  share :    so  that  we  are  very  easy  about  their 
machinations,     ^f  Our  Brethren,  etc.,  as  in  tlio  text.     In  the  parenthesis,  after  in 
partibus,  the  two  words,  an  absurd,  are  cancelled.     Cf.  No.  143,  ad  note  10. 

As  a  mere  illustration  of  Carroll's  mental  attitude  here,  we  transcribe  the  following 
note  from  0.  Mejer,  Die  Propaganda,  ihre  Provinzcn  und  ihr  Recht,  pp.  267,  268 
(Gottingen,  1852),  where  the  Bishop  of  Kildarc's  opinion  is  reported  on  the  same  subject, 
the  difference  betiveen  Ordinaries  and  Vicars  Apostolic  :  Second  Report  from  the  Select 
Committee  on  the  state  of  Ireland,  1825 ;  ordered  by  the  House  of  Commons  to  be 
printed,  30  March,  1825  ;  pp.  208,  209 :  We  (die  Bischofe)  have  the  title  by  the  appoint- 
ment we  receive  to  a  See,  as  Roman  Catholic  bishop  of  it,  whilst  the  Vicar  Apostolic 
is  only  a  delegate  from  the  See  of  Rome  to  administer  the  interests  of  religion  within 
any  district  which  may  be  assigned  to  him,  and  therefore  is  removeable  at  the  will 
and  pleasure  of  the  Pope ;  but  a  bishop,  such  as  we  are  in  Ireland,  cannot  be  removed 
when  he  is  once  appointed.  -  -  The  Vicar  Apostolic  depends,  as  to  the  existence 
of  his  office,  upon  the  will  of  the  See  of  Rome  ;  he  can  be  removed  from  it  at  the 
good  pleasure  of  the  Pope  ;  the  faculties  which  he  exercises  can  be  restricted  or  limited 
or  modified,  just  as  the  See  of  Rome  may  please.  It  is  not  so  with  us  bishops ;  we 
cannot  be  removed,  we  have  a  title  to  our  place ;  our  rights  are  defined  from  the 


620  No.  146,  B.     CHAPTER   FORM  OF  GOVERNMENT  [IV 

Our  Brethren  have,  in  a  meeting  held  last  October,  settled  or 
nearly  settled  a  plan  of  internal  government,  which  will  meet  with  your 
approbation,  being  founded  on  Christian  and  rational  principles.  .  .  . 

General  funds  were  established  of  certain  rents,  as  well  as  of  surplus 
money  or  income,  not  strictly  needed  by  the  local  managers  of 
plantations.  The  regulation  stands  thus  in  the  final  Con- 
stitution : 

B.  1784,  October  11. 

Proceedings  of  the  General  Chapter,  11  Oct.,  1784.  On  some  general 
funds. 

4°.  The  profits  arising  from  the  rented  lands  of  St.  Thomas's  Manor  in 
Charles  County,  and  the  rented  lands  of  St.  Inigo's  Manor  in  St.  Mary's 
County,  are  hereby  appropriated  for  uses  at  the  disposal  of  the  General 
Chapter  and  to  be  lodged  in  the  hands  of  the  Procurator  General.  The 
surplus  money  of  the  several  estates  remaining  in  the  hands  of  the 
respective  managers  shall  form  a  particular  fund  for  supplying  the 
deficiencies  of  their  respective  Districts ;  and  the  persons  appointed  to 
receive  these  latter  moneys  are,  for  the  Northern  District,  the  Rev. 
Mr.  Jno.  Lewis;  for  the  Middle  District,  the  Rev.  Mr.  Jno.  Ashton; 
and,  for  the  Southern  District,  the  Rev.  Mr.  Ign.  Matthews. 

In  this  final  form  of  so  important  a  regulation  on  the  Management  of 
Plantations,  the  sense  of  the  Body  of  Clergy,  as  expressed  by  the 
General  Chapter,  was  distinctly  at  variance  with  the  recommenda- 
tion and  criticisms  (2nd  on  the  Management  of  Plantations] 
passed  by  the  Southern  District  meeting.  The  Chapter  inserted 
the  name  of  Procurator  General  as  treasurer  or  depositary,  where 
the  District  had  named  the  Superior  General.  It  is  to  be  observed 
that  in  the  Southern  District  meeting,  wJiicli  placed  the  Superior 
in  prominence,  neither  John  Lewis,  the  actual  Superior,  nor 
John  Carroll,  the  future  one,  had  any  part.  But  in  the  General 
Chapter,  which  put  the  spiritual  head  out  of  sight  in  temporal 
concerns,  these  two,  the  actual  and  potential  Superiors,  formed 
two-fifths  of  the  meeting. 

The  movement  on  the  part  of  the  Southern  District  to  place  in  prominence 
the  spiritual  head  was  very  marked.  The  preparatory  Chapter 
meeting  (27  June,  1783),  at  which  Carroll  had  been  present  with 

Gospel  and  from  the  canon  law,  defined  as  well  as  those  of  the  Pope  himself ;  we 
cannot  be  obliged  to  do  anything  by  the  mere  good  will  or  pleasure  of  the  Pope.  Cf. 
Minutes  of  Evidence  taken  before  the  Select  Committee  of  the  House  of  Lords, 
appointed  to  inquire  into  the  state  of  Ireland,  etc.,  Febr.  18-March  21, 1825,  pp.  225, 
226. 


§  12]  No.  146,  C-E.     CHAPTER  FORM  OF  GOVERNMENT  621 

Ashton,  Diderick,  Sewall,  Boarman  and  Leonard  Neale,  had 
clearly  not  satisfied  them  on  this  point.  In  their  criticisms  they 
assigned  to  the  Superior  attributions,  which  the  preparatory  draft 
had  handed  over  to  another.  We  quote  some  of  their  amend- 
ments, if  only  for  the  tone  manifested. 

C.  1783,  September  23. 

[/.]  The  Southern  District  on  the  drafted  Form  of  Government.  The 
attributions  of  a  Superior. 

2?  As  to  the  seventh  article,  the  Superior  shall  personally  attend  or 
send  his  deputy  to  General  Chapter,  otherwise  all  proceedings  should  be 
deemed  illegal.  3?  What  is  ordained  in  the  twelfth  article  to  be  done 
by  an  active  person,  &c.,  may,  we  think,  be  done  by  the  Superior  himself. 
4?  On  the  manner  of  supplying  vacancies  (see  infra,  G).  5°.  The  clause  of 
the  18th.  article,  relative  to  the  Superior's  spiritual  jurisdiction,  beginning 
at  the  words,  "  And  if  etc.,"  ought  to  be  entirely  expunged. 

[//.]  On  the  drafted  Rules  for  the  Particular  Government  of  Members. 
The  practice  of  the  Society  in  depending  on  immediate  Superiors  is  expressly 
set  up  as  the  example. 

1?  That  in  houses  where  two  or  more  members  live  together  a  system 
of  equality,  as  mentioned  in  the  third  section,  ought  to  be  kept  up ;  but 
the  same  dependance  on  the  managers  of  plantations,  as  to  cloathing  and 
other  necessaries,  should  continue  and  be  observed  as  formerly ;  and  no 
manager  or  persons  whatever  should  be  allowed  pensions  or  extraordinary 
donations  for  services ;  and  it  shall  be  the  Superior's  duty,  as  much  as 
may  be,  to  see  that  equality  preserved. 

ri/y.i  On  the  drafted  Regulations  for  the  Management  of  Plantations. 

2?  The  surplus  money,  mentioned  in  the  fourth  Regulation,3  shall  be 
paid  to  the  Superior  General  on  his  giving  a  receipt  to  the  manager.  .  .  . 
4°  Respecting  the  ninth  Regulation,  '  If  the  Superior  should  be  manager 
of  an  estate ',  in  our  opinion  he  ought  to  be  accountable  and  exhibit  his 
books  to  the  oldest  member  of  Chapter  in  his  District. 

D.  Same  date. 

The  Southern  District  on  Regulations  for  Plantations.  Duties  of  dis- 
interestedness and  gratitude. 

3?  We  presume  every  manager,  as  well  as  others,  is  actuated  by  more 
noble  principles  than  self-interest  or  mercenary  views,  as  pointed  out  in 
the  sixth  Regulation. 

E.  Same  date. 

The  Southern  District  on  Rules  for  Members.  First  form  of  criticism  or 
amendment : 

3°  Whereas  the  benefactors  of  this  Mission  deceased  have  for  many 

3  Supra,  B,  4? 


622  No.  146,  F.     CHAPTER  FORM  OF  GOVERNMENT  [IV 

years  past  been  much  neglected,  this  meeting  judges  it  a  duty  of  charity 
and  gratitude,  that  some  Masses  should  be  appointed  to  be  offered  up 
annually  for  the  benefit  of  their  souls,  and  sincerely  recommend  [!]  the 
same  to  the  consideration  of  the  Chapter. 

Modified  form  of  the  foregoing  amendment  on  the  duty  of  gratitude  to 
benefactors : 

Charity  and  gratitude  dictate  that  prayers  should  be  offered  up  for 
the  benefit  of  the  deceased  benefactors  of  this  Mission. 

At  the  meeting  of  the  representatives  in  General  Chapter  (6  Nov.,  1783}, 
the  two  Superiors,  present  and  presumptive,  being  in  attendance, 
great  deference  was  shown  at  first  to  these  views  of  the  Southern 
District.  Accordingly,  the  3rd  section  of  the  Chapter's  resolutions 
made  the  presence  of  the  Superior  or  his  deputy  necessary  for  the 
legality  of  a  session,  except  when  he  himself  should  be  the  subject 
of  its  investigations,  or  when  the  clergy  themselves  should  judge 
the  holding  of  a  ^Chapter  necessary.  Their  Jfih  section  ordered, 
that  the  13th  article  should  be  expunged,  and  the  duties  assigned 
to  the  Procurator  General  should  be  performed  by  the  Superior. 
Their  9th  section  inserted  the  name  of  Superior  twice  instead  of 
the  Procurator  General,  as  the  person  to  whom  all  accounts  should 
be  transmitted.  And  the  point  about  benefactors  luas  accepted 
so  far  as  to  recommend,  that  all  be  mindful,  soon  after  the  2nd 
day  of  November  annually,  to  say  one  Mass  for  deceased 
benefactors. 

A  year  later  all  was  changed.  They  were  the  same  Jive  gentlemen, 
Lewis,  Carroll,  Diderick,  Matthews,  Walton ;  but  they  were 
evidently  under  other  instructions.  The  position  of  the  Superior 
was  determined  peremptorily  in  a  separate  article,  last  of  the 
Form  of  Government ;  and  in  all  the  sections,  where  his  name  had 
been  substituted  for  that  of  the  Procurator's,  the  latter 's  name  was 
replaced,  making  this  business  agent  really  the  Superior  in 
temporalities. 

F.  1784,  October  11. 

Proceedings  of  the  General  Chapter,  11  Oct.,  1784. 

19°  The  person  invested  with  spiritual  jurisdiction  in  thjs__country 
shall  not  in  that  quality  have  any  power  over  orln'Tihe  temporal  property 
of  the  Clergy. 

There  may  be  observed  at  this  point  the  beginnings  of  the  juspatronatus, 
against  which  Mgr.  Marechal  subsequently  protested  (No.  120,  5*). 
Tlie  organization  of  a  Cliapter,  which  we  are  tracing,  was  one  of 


§  12]  No.  146,  G,  H.     CHAPTER  FORM  OF  GOVERNMENT          623 

transition  from  the  management  of  Jesuit  estates,  and  the  dis- 
charge of  missionary  functions,  by  Jesuits  exclusively,  to  the  hier- 
archical functions  of  an  episcopate,  under  which  the  control  of 
missionary  functions  and  the  appointment  of  pastors  to  local 
stations  would  be  in  the  hands  of  an  Ordinary.  We  give  the 
observation  of  the  Southern  District  on  the  manner  of  supplying 
vacancies  in  missionary  stations  (ubi  supra,  C,  [/.]). 

G.  1783,  September  23. 

4°  Respecting  the  fourteenth  Article:  If  a  vacancy  should  happen 
in  a  District  which  the  good  of  Religion  requires  to  be  supplied.  The 
Superior  and  members  of  Chapter  of  the  District,  in  which  the  vacancy 
lies,  shall  have  power  to  send  the  person  they  judge  fittest  to  supply  the 
vacant  charge,  with  the  consent  of  the  District  from  which  he  is  to  be 
sent ;  and,  in  case  of  refusal,  the  person  so  appointed  shall  be  dealt  with 
as  the  fifteenth  Article  directs. 

Possibly  the  fifteenth  Article,  so  cited,  is  the  same  as  that  which  appears 
under  the  same  number  in  the  final  Form  of  the  Constitution  ;  to 
which  we  add  the  sixteenth  of  the  same  final  form. 

H.  1784,  October  11. 

15°  If  complaints,  apparently  reasonable,  should  be  made  of  the 
misconduct  of  any  manager  in  the  administration  of  the  Estate  com- 
mitted to  his  charge,  the  Procurator  General  and  members  of  the 
District  Chapter  are  authorised  to  call  upon  him  for  his  accounts,  which 
he  is  to  deliver  up  to  them  ;  and  if,  upon  examination  thereof,  they  find 
his  administration  injurious  to  the  public  good,  they  are  to  admonish 
him  thereof,  and,  no  amendment  ensuing,  they  are  to  refer  to  the  General 
Chapter,  if  sitting ;  if  not,  to  all  the  members  of  his  District  to  deter- 
mine by  a  majority  of  votes,  whether  he  shall  be  continued  in  the 
administration  of  the  Estate. 

16°  When  the  Superior  in  spiritualibus  has  withdrawn  his  faculties 
from  any  clergyman  on  account  of  his  misconduct,  or  irregularity  of 
life,  the  Procurator  General  shall  have  power  to  deprive  him  of  any 
maintenance  from  the  Estates  of  the  Clergy. 

Md.-N.  Y.  Province  Archives,  1784,  Apr.  10,  Carroll  to  Plowden,  ff.  2V,  3 ; 
7  pp.  4to,  No.  6.  Ibid.,  1783,  1784,  minutes  of  the  General  Chapter  and 
Southern  District  meeting,  as  described  above,  No.  145,  A,  [F.] ;  B. 

At  this  date,  Father  John  Carroll,  who  was  in  correspondence  with 
several  English  ex-Jesuits,  received  an  encouraging  letter  on  his 
policy  and  plans  from  Father  Thomas  Talbot,  who  had  long  been 
temporal  agent  or  procurator  of  the  dissolved  English  Province. 


624  No.  146,  J.     CHAPTER  FORM  OF  GOVERNMENT  [IV 

Just  at  the  time  when  the  Maryland  ex-Jesuits  were  completing 
their  final  form  of  Constitution,  Talbot  indited  the  following  letter 
to  Carroll. 

J.  1784,  September  21. 

Father  T.    Talbot,  procurator    in  London,  21  Sept.,  1784,   to    Carroll 

Extract. 

Septf  21s.*,  1784. 

.  .  .  You  have  indeed  obviated  the  chief  difficulty  I  wished  to  caution 
you  against,  viz.  that  of  being  under  the  authority  of  the  Propaganda. 
Your  reasons  are  special,  and  Rome  must  come  in  at  last  to  grant  a  juris- 
diction ordinary.  Hoc  posito,  how  are  you  to  provide  for  a  succession?  I 
see  only  two  ways  possible,  either  by  setting  up  schools  and  forming  a 
seminary  of  your  own,  or  depending  on  foreign  assistance.  The  first  will 
require  time  and  abilities  :  you  have  not  hands  for  so  much  work,  nor 
proper  hands  for  the  work.  Liege  will  not  be  able  to  supply  you  with 
grown  up  and  trained  plants,  for  the  reasons  you  allege :  'tis  well  if  it 
can  support  long  its  own  establishment.  You  must  therefore  have 
recourse  to  auxiliaries.  Where  can  you  apply  better  than  to  the  nursery 
of  Polosgo  by  becoming  apart  of  it  yourselves?4  The  Father  General 
has  petitions  every  day  from  the  members  of  the  quondam  body,  of  all 
denominations  and  countries,  to  be  readmitted  under  the  old  standard, 
and  be  employed  by  obedience.  He  cannot  admit  more  than  his  confined 
limits  require,  because  he  cannot  employ  them  in  countries  where  they 
are  prescribed  [proscribed].  But  neither  power  nor  will  is  wanting  to 
establish  the  Society  where  it  is  demanded,  or  permitted  to  exercise  its 
functions.  Such  is  your  situation,  a  free  State,  independent  of  foreign 
potentates  and  their  cabals,5  where  liberty  of  conscience  is  not  controled, 
where  Catholicity  was  first  planted  by  the  Jesuits,  has  hitherto  been 
nursed  by  the  Jesuits,  and  solely  brought  by  them  to  the  perfection  it 
now  enjoys.  The  State  can  make  no  opposition ;  you  are  the  same 
members  who  have  carried  on  the  work ;  they  know  no  other,  and  wish 
for  the  same ;  a  reunion  with  the  body  can  make  no  alteration,  but  to 
forward  the  cause  in  hand.  I  hope  there  is  no  one  amongst  you  who 
would  not  fly  to  his  colors  with  eagerness ;  at  least,  there  are  many  who 
would  flock  to  you,  and  would  think  themselves  happy  to  end  their  career 
under  the  same  banner  they  began  it.  I  throw  out  these  hints  for  your 

4  The  Jesuit  Province  still  existed  imsuppressed  at  Polotsk,  in  White  Russia. 

3  Cf.  Grassi's  Memoirs  on  America :  "  The  Government  docs  not  meddle  at  all  with 
what  regards  religion.  In  this  manner  the  truth  can  show  itself  freely  and  triumph 
in  America,  though  so  can  error  too ;  at  all  events,  the  truth  is  not  hankered  there  with 
so  many  obstructions,  which  the  vile  jealousy  of  certain  Governments  puts  in  its  way 
with  exequaturs,  revisions,  appels  commc  d'abus,  pretended  royal  rights,  which  certain 
Apostolic,  Catholic,  Most  Christian,  Most  Faithful  defenders  of  the  faith  advance,  but 
which  are  stumbling-blocks  to  the  Church  of  God  "  (General  Archives  S.J.,  Maryl. 
Epist.,  1,  i.,  J.  A.  Grasses  Memorie  sulla  Compagnia  di  Gesu  ristabilita  negli  Stati 
Uniti  dell'  America  Settentrionale,  dal  1810  al  1817 ;  p.  11). 


§  12]  JVos.  146,  K;  147.     USES  OF  THE  PROPERTY  625 

consideration,  and  wish  to  have  your  sentiments  on  the  matter.     You 
shall  have  my  hearty  concurrence  to  bring  the  scheme  to  a  happy  issue.  .  .  . 

Had  Carroll  been  less  sceptical  than  he  was  on  the  subject  of  the  Society's 
continued  existence  in  Russia,  and  of  its  valid  revival  in  other 
parts  Toy  special  Briefs  of  the  Holy  See,  it  may  appear  that  the 
Order  would  have  been  restored  in  America  at  an  earlier  date  than 
1805 ;  and,  from  the  tenor  of  Talbot' s  inquiry  about  Carroll's 
private  opinion,  we  may  infer  that  but  for  this  scepticism,  which 
affected  the  American  ex- Jesuit's  judgment  till  the  general  restora- 
tion of  the  Society  (1814),  his  words  might  have  encouraged  the 
^English  Fathers  to  aggregate  themselves  at  this  or  an  early  period 
to  Russia. 

Nearly  a  year  after  the  date  of  the  letter  just  given,  Talbot  wrote  again. 

K.  1785,  August  20. 

T.  Talbot,  20  Aug.,  1785,  to  Carroll.     Extract. 

AugSt  20%  1785. 

.  .  .  Ever  since  it  pleased  God  to  manifest  again  to  the  world  the  Society, 
I  have  looked  upon  America  as  a  spacious  field  for  its  future  labors  :  it 
was  not  raised  again  without  a  special  Providence  of  Almighty  God, 
nor  can  it  be  supposed  for  ends  different  to  its  primary  Institute.  It 
never  was  to  be  confined  to  Alba  Russia :  it  has  already  made  its  way 
to  Petersburgh  and  Moscow,  and  will  extend  itself  in  time  in  fines  orbia 
terrae.  .  .  . 

Georgetown  College  Transcripts,  1784-1803,  Talbot,  21  Sept.,  1784,  20  Aug., 
1785,  to  Carroll;  Shea  papers,  copies. — Cf.  Baltimore  Diocesan  Archives,  box  8, 
T ;  the  originals,  each  3  pp.  4to. 

No.  147.  1784-1786. 

Jesuit  rights  to  the  property:  uses  considered  legitimate.  Two 
phases  of  thought  became  very  distinct,  among  the  ex-members  of 
the  suppressed  Society  of  Jesus.  One  was  strictly  conservative, 
and  regarded  everything  as  belonging  to  the  Order,  with  a  view  to 
eventual  restoration.  The  other  ivas  liberal,  and  considered  what 
the  Society  itself  would  do  with  the  property,  if  it  were  still  alive. 
This  diverging  trend  of  opinion  became  a  matter  of  prime  im- 
portance, when  in  a  couple  of  years  the  practical  questions  arose 
about  founding  an  academy  at  Georgetown,  and  about  maintain- 
ing one  of  their  own  members,  in  the  capacity  not  merely  of  a 
superior,  but  of  a  bishop.  The  Southern  District  was  strongly 
conservative,  as  the  documents  have  already  shown;  and,  besides 


626  No.  147,  A-C.     USES   OF   THE  PROPERTY  [IV 

being  the  most  numerous,  it  ivas  represented  by  tJie  most  influential 
man  of  the  day,  James  Walton,  ^vho  was  the  legal  owner  of 
almost  all  the  Jesuit  property.  He  was  supported  by  a  worthy 
member  of  the  old  school,  Father  Ignatius  Matthews.  Perhaps  the 
other  two  Districts  were  liberal ;  at  all  events  they  were  represented 
in  the  Chapter  by  men  ivho  were  so.  The  Middle  District  sent  as 
its  deputies  Diderick  and  Carroll ;  and,  when  the  latter  became 
Prefect  Apostolic,  his  place  was  taken  by  one  of  his  constituents, 
John  Ashton,  Procurator  General.  Tlie  Northern  District  was 
never  well  represented  ;  Moscly  and  Lewis  at  Bohemia  in  Mary- 
land, Molyneux  and  others  in  Pennsylvania,  were  too  distant  or 
too  indifferent,  if  not  indolent,  to  take  a  large  part  in  active  repre- 
sentative life. 

As  to  Walton  and  his  character,  two  phrases  of  Carroll  in  letters  to 
Charles  Plowden  will  serve  to  portray  the  man,  and  several  other 
persons. 

A.  1780,  April  27. 

Carroll,  27  Apr.,  17 SO,  to  Plowden. 

.  .  .  Your  schoolfellow  Ashton  lives  about  25  miles  from  me,  and  is 
the  most  industrious  man  in  Maryland.  It  is  a  pity  he  could  not  have 
the  management  of  all  the  estates  belonging  to  the  clergy  in  this  country. 
They  would  yield  thrice  as  much  as  they  now  do.  Mr.  Matthews,  who 
succeeds  Mr.  Hunter  at  Port-Tobacco,  promises,  I  am  told,  very  well. 
But  James  Walton,  who  has  as  fine  land  [Newtown  ?]  as  any  in  America, 
is  said  to  make  a  bad  hand  at  farming.  This  you,  who  know  him,  will 
not  be  surprised  at.  But,  if  he  does  not  succeed  in  temporals,  he  is  in- 
defatigable in  his  spiritual  occupations.  With  him  lives,  among  others, 
that  man  without  guile,  little  Austin  Jenkins  .  .  . 

B.  1798,  December  13. 

Carroll,  13  Dec.,  1798,  to  Plowden. 

...  I  directed  him J  to  enter  into  a  probationary  state  under  the 
rigid  discipline  of  the  true  son  of  the  Society,  Mr.  James  Walton  .  .  . 

Md.-N.  T.  Province  Archives,  1780,  Apr.  27,  Carroll  to  Ploioden ;  dpp.fol., 
No.  2.    Ibid.,  1798,  Dec.  13,  same  to  same;  3 pp.  4to,  No.  53. 

With  these  psychological  bearings  to  illustrate  the  divergence  of  opinion 
between  parties,  we  follow  the  course  of  business  in  the  documents. 

C.  1784,  October  11. 
[/.]  Form  of  Government. 

...  13°  The  Superior  in  spiritual  affairs  can  approve  of  individuals,  and 
propose  new  comers  to  vacant  places  ;  lut  he  can  assign  no  one  a  place  for  his 

1  A  suspended  priest,  Delvaux,     Cf.  No.  163,  A,  note  5. 


§  i2]  Nc.  147,  D,  E.     USES   OF  THE  PROPERTY  627 

maintenance,  unless  the  Chapter  of  a  District  accept  Mm  and  his  services  ; 
nor  can  any  one  of  the  Body,  when  he  is  dissatisfied  inhere  he  is,  be  imposed 
on  any  District,  without  their  consent  expressed  by  their  members  of 
Chapter. 

14"  There  is  no  arbitrary  power  vested  in  any  one  to  remove  at  will,  or 
for  greater  convenience,  one  icho  is  actually  a  member  of  the  Body  of  the 
Clergy. 

15°,  16?  See  supra,  No.  146,  H. 

17°  Neither  the  Procurator  General  nor  any  person  shall  have  power 
to  sell,  dispose  of,  remove,  or  otherwise  alienate  the  property  of  any 
plantation  without  the  consent  of  the  General  Chapter  for  real  property, 
or  of  the  District  for  personal  property. 

[//.]  Rules  for  particular  government  of  members  belonging  to  the 
Body  of  the  Clergy. 

...  2°  When  two  or  more  clergymen  live  together  in  the  same  house, 
a  system  of  equality  must  be  observed  as  far  as  possible,  and  every  idea  of 
dependance  on,  or  subjection  of  one  to  the  other  must  be  excluded. 
Good  order  and  economy  require  indeed,  that  one  person  on  each  estate 
have  the  management  thereof,  the  disposal  of  the  produce,  the  receiving 
of  the  profits,  the  ordering  of  the  table,  etc.  But  every  person  there 
living  should  have  a  reasonable  sum,  to  be  determined  by  the  General 
Chapter,  allowed  him  to  lay  out  in  necessary  and  convenient  uses.  This 
sum  is  fixed  for  all  at  thirty  pounds  lawful  currency. 

...  4°  No  clergyman  living  in  a  secular  house  shall  be  elected  to  the 
place  of  Procurator  General,  or  be  allowed  a  subsistence  out  of  the 
estates  of  the  clergy,  unless  he  be  there  placed  with  the  consent  of 
the  General  Chapter. 

D.  1783,  September  23. 

The  Southern  District  on  an  extraordinary  case ;  last  of  the  criticisms, 
without  a  number  : 

An  Amendment  to  the  extraordinary  case  provided  for. 

The  person  duely  chosen  for  Superior  ought  to  accept  of  the  charge 
without  any  generous  provision.  And,  whenever  a  Superior  is  to  be 
chosen  or  deposed,  the  votes  of  the  whole  Body  of  the  Clergy  are  to  be 
taken. 

E.  1784,  October  11. 
The  General  Chapter,  11  Oct.,  1784,  recasting  the  extraordinary  case: 
Form  of  Government. 

[/.]  ...  13°  The  last  article  of  regulations  etc.,  there  called  A  pro  vision 
for  an  extraordinary  case,  being  considered,  it  was  agreed  to  alter 
it  and  fill  it  as  follows : — If  the  person  duly  chosen  Superior  should  not 
accept  the  office  (which  it  is  hoped  he  will  not  do  [i.e.  refuse],  but  for 


628  No.  147,  F-H.     USES  OF  THE  PROPERTY  [IV 

reasons  judged  sufficient  by  Chapter),  notice  thereof  shall  be  given  from 
Chapter  to  all  the  Districts,  that  the  votes  of  every  clergyman  may  be 
collected  and  ti-ansmitted  to  the  person  or  persons  appointed  to  inspect 
and  make  them  known.  And  the  Chapter  agrees  that  the  provision  for 
the  Superior,  as  such,  shall  be  at  the  rate  of  forty  pounds  per  annum. 

The  same  General  Chapter  on  the  formation  of  the  District  Chapters ; 
business  resolves,  11  Oct.,  1784: 

[//.]  13?  That  the  two  members  appointed  to  the  General  Chapter, 
together  with  a  third  to  be  chosen  by  a  majority  of  the  votes  of  the 
clergy  of  the  respective  Districts,  shall  form  a  District  Chapter. 

P.  1783,  September  23. 

The  Southern  District  on  restoration  of  lands  to  the  Society  of  Jesus ; 
seventh  and  last  criticism  on  the  Form  of  Government : 

7?  Whereas  in  the  foregoing  articles  no  provision  is  made  for  the 
securing  of  the  lands  and  estates,  heretofore  in  the  possession  of  the 
Society  of  Jesus,  this  meeting  judges  it  highly  necessary  to  recommend  to 
the  General  Chapter  that,  in  case  of  a  restoration  of  that  Body,  proper 
means  be  taken  that  all  property  belonging  to  the  present  clergy  return 
to  its  former  channel,  under  the  direction  of  the  same  Society,  and  be 
secured  to  them. 

G.  1783,  November  6. 

The  General  Chapter,  6  Nov.,  1783,  consisting  of  Lewis,  DidericJc, 
Carroll,  Matthews,  and  Walton,  in  answer  to  this  criticism  : 

5°  The  Chapter  declare  for  themselves,  and  as  far  as  they  can  for 
their  constituents,  that  they  will  to  the  best  of  their  power  promote  and 
effect  an  absolute  and  entire  restoration  to  the  Society  of  Jesus,  if  it 
should  please  Almighty  God  to  re-establish  it  in  this  country,  of  all 
property  belonging  to  it  ;  and,  if  any  person,  who  has  done  good  and 
faithful  service  to  religion  in  this  country,  should  not  re-enter  the  Society 
so  re-established,"  he  is  nevertheless  to  receive  a  comfortable  maintenance 
whilst  he  continues  to  render  the  same  services,  and  to  be  provided  for 
as  others  in  old  age  or  infirmity.11 

H.  1784,  October  11. 

The  General  and  constituent  Chapter,  11  Oct.,  1784,  which  finished  the 
Constitution,  resumed  and  repeated  the  same  statement  in  its  last  paragraph, 
after  the  Form  of  Government,  Rules  of  Particular  Members,  and  ^Regulations 
for  the  Estates. 

"  Cf.  Grassi,  Memorie,  as  above  (No.  146,  J,  note  5),  p.  20 :  "  Other  ex- Jesuits,  that 
is,  Fathers  Brook  and  Seeston  and  Ashton  and  Pyc,  did  not  seek  for  re-admittance, 
and  remained  in  their  missions  as  befora." 

3  This  declaration  touching  ex- Jesuits  affected  all  members  of  the  Select  Body,  when 
non-Jesuits  were  aggregated  as  members.  Cf.  No.  179,  T,  89  (14  Sept.,  1813). 


§  12]  No.  147.     USES  OF  THE  PROPERTY  629 

Md.-N.  Y,  Province  Archives,  1734,  Oct.  11,  minutes  of  the  General  Chapter, 
as  described  above,  No.  145,  A,  [r.]j  5  pp.  large  4to,  containing  the  three 
divisions  of  the  general  Constitution.  It  looks  like  a  copy  by  Walton  himself. 
Ibid.,  minutes  of  the  Southern  District  meeting,  as  above  (No.  145,  B). 

This  Cliapter  meeting  of  October,  1784,  was  what  might  be  called  a  con- 
stituent assembly  ;  because,  as  its  minutes  state,  the  whole  of  the 
Constitution,  in  its  three  parts  of  Form,  Rules,  and  Regulations, 
was  finally  concluded  and  determined  at  [this]  the  third  meet- 
ing, held  at  the  White  Marsh,  Oct.  11, 1784,  and  declared  to  be 
binding  on  all  persons  at  present  composing  the  Body  of  Clergy 
in  Maryland  and  Pennsylvania.  In  witness  whereof  we  here 
subscribe  our  names  ;  the  persons  present  being  Lewis,  Diderick, 
Carroll,  Matthews,  and  Walton.4 

The  meeting  ivas,  absolutely  speaking,  about  the  sixth  or  eighth,  for  two 
series  at  least  of  local  District  meetings  had  already  been  held. 
And  the  Chapter  had  been  so  thorough  and  exhaustive  in  finding 
out  and  carrying  out  the  sense  and  purpose  of  every  individual 
member,  that,  in  its  next  meeting  of  November,  1786,  it  proceeded 
to  the  formality  of  calling  for  the  signature  of  each  and  every 
clergyman  concerned,  and  this  with  special  reference  to  a  Maryland 
act  of  incorporation,  on  the  lines  of  the  Constitution  now  adopted.5 

The  Chapter  began  the  administration  of  current  business  at  its  meeting 
of  October,  1784;  and  henceforth,  as  the  representative  and 
executive  committee  of  the  ex-Jesuit  clergy,  it  governed  the  tempo- 
ralities, and  touched  other  questions.  Its  administration  was 
such  as  might  have  been  expected  of  a  Jesuit  Superior — John 
Lewis  or  George  Hunter.  But  there  was  a  great  difference,  in  t 
that  there  was  no  effective  superior  ;  and  the  permanent  adminis- 
trator was  the  procurator.  The  man  chosen  for  this  post,  as  being 
best  qualified  and  really  efficient,  would  have  been  the  last  to  think 
of  as  a  superior.  This  was  John  Ashton. 

John  Carroll,  whether  as  prefect  apostolic  or  as  bishop,  was  never  more 
than  a  simple  member  ;  at  first  he  was  not  even  eligible  to  a  place 
on  the  executive  Board?  Such  was  apparently  the  understanding 
during  eighteen  years;  and  when  in  1802,  twelve  years  after 
the  erection  of  the  Baltimore  diocese,  Bishop  Carroll  was  elected 
for  the  first  time  to  be  a  Trustee?  John  Ashton  maintained 
acrimoniously  that,  according  to  the  revised  articles  or  funda- 
mental statutes  made  (1793)  in  conformity  with  the  act  of 

4  Cf.  No.  145,  A,  [T-j.  5  No.  150,  O. 

8  Cf.  No.  146,  F.  •   Cf.  No.  175,  K,  scq. 


630  No.  148,  A.     THE   CHAPTER,    1784  [IV 

incorporation,  the  bishop  of  the  diocese  was  ineligible  to  a  seat  at 
the  Board  which  managed  the  temporalities? 

No.  148.  1784,  October. 

Current  business  at  the  Chapter  of  October,  1784.     The  first  part  of 
this  business  will  show  the  manner  and  matter  of  administration. 
The  second  part  will  take  up  the  very  important  question  proposed 
~by  Father  John  Carroll,  whether  he  should  accept  his  appointment 
from  Rome,  as  Prefect  Apostolic. 

A.  1784,  October  11. 

Proceedings  of  the  Chapter,  11  Oct.,  1784.     Current  business. 

The  general  Regulations  being  compleated  and  unanimously  agreed  to, 
the  Chapter  proceeded  to  the  election  of  a  Procurator  General ;  and  the 
Rev.  John  Ashton  was  unanimously  chosen  and  appointed  to  that  office, 
and  authorised  and  directed  to  transact  the  business  thereunto  belonging, 
agreeably  to  the  Rules  and  Regulations  prescribed  for  his  government. 
In  consequence  whereof,  the  Chapter  then  passed  the  following  Resolves  : 

1?  That  the  Procurator  General  be  allowed  forty  pounds  currency 
extraordinary,  towards  defraying  the  incident  expences  of  his  office. 

2?  That  he  shall  pay  the  clergyman  at  Lancaster  forty  pounds  currency, 
for  the  discharging  of  his  debts ;  and  henceforth  annually  forty  pounds 
sterling  on  Sir  James  James'  [!]  foundation,1  till  otherwise  ordered  by 
Chapter;  and,  for  a  farther  support,  this  Chapter  allows  to  the  said 
clergyman  of  Lancaster  the  annual  rent  of  the  plantations  of  Newcastle 
County  on  Delaware  to  the  amount  of  £32.0.0  currency  or  thereabouts. 

3?  That  the  Procurator  General  be  authorised  and  ordered  to  inquire 
into  the  state  of  the  support  of  the  Rev.  Mr.  James  Frambach,  clergyman 
of  Frederick  Town,  and  reduce  it  to  an  equality  with  that  allowed  to  the 
clergyman  of  Lancaster.  And,  should  the  clergyman  of  Frederick  Town 
be  found  to  be  in  debt,  the  Procurator  General  has  power  from  the  Chapter 
to  sell  the  outlets  belonging  to  the  Clergy's  Estate  in  Frederick  Town- 
for  the  discharge  of  the  same. 

4?  That  the  Procurator  General  pay  to  Messrs.  Farmer  and  de  Ritter 
the  balance  of  two  years  salaries  ;  i.e.  to  each  £15.0.0  currency  or  there- 
abouts ;  and  henceforth  annually,  on  account  of  Sir  J.  James'  foundation, 
to  each  of  them  £20.0.0  sterling,  till  otherwise  ordered  by  Chapter. 

Items  of  business  relative  to  Father  Mosley  and  Bohemia,  on  the  credit  of 
which  said  plantation  he  is  authorised  to  borrow  £333.6.8,  the  Chapter  being 
collateral  security  ;  certain  real  estate  sales  in  different  parts,  the  proceeds 

8  No.  162,  J. 

1  It  was  no  doubt  in  the  discharge  of  this  duty  that  Ashton,  who  had  known  little 
of  the  old  Jesuit  government  and  temporal  management  in  Maryland,  entered  into  a 
controversy  (17S5-1787)  with  Father  Thomas  Talbot  and  then  with  Father  Strickland, 
procurator's  in  London.     Cf.  Nos.  150,  D-H,  P-B2 ;  110,  note  4. 

2  On  these  outlets  of  the  Clergy's  Estate,  cf.  No.  119,  [/jr.],  3» 


§   12]  No.  148,  A.     THE   CHAPTER,    1784  631 

being  assigned  either  to  definite  local  purposes,  or  to  the  general  fund  ;  Pipe 
Creek  to  be  leased  or  sold ;  Campbell's  lands  to  be  sold,  for  the  benefit  of  the 
general  fund.3 

12°  That  the  Procurator  General  pay  Mr.  Carroll's  printing  ex- 
pences.4 

...  14?  That  the  Superior  in  spirituals,  from  the  receipt  of  his 
faculties  be  allowed  the  salary  of  100.0.0  sterling  per  annum,  together 
with  a  servant,  and  a  chaiz  and  horse ;  that  his  salary  continue  till  the 
next  ensuing  meeting  of  Chapter,  and  then  be  subject  to  their  further 
determinations.5 

Md.-N.  Y.  Province  Archives,  1784,  Oct.  11,  minutes  of  the  General  Chapter, 
as  described  above  (No.  145,  A,  [r.]). 

This  last  resolution  is  followed  immediately  by  the  deliberations  regard- 
ing Mr.  Carroll's  projected  office  of  Prefect  Apostolic.  The  various 
points  contained  in  the  minutes  just  cited  are  sufficiently  explained 
by  documents  given  above,  in  their  appropriate  places.  One  piece 
of  property  mentioned  here  is  new ;  that  is,  Campbell's  lands. 
It  is  one  of  the  instances,  which  are  frequent,  as  well  of  the  fidelity 
shown  by  the  ex-Jesuits  to  the  general  interests  of  religion,  as  of 
their  devotedness  to  the  Order  in  this  interval  of  temporary  sup- 
pression.6 The  lands  in  question  were  Campbell's  Chance  and 
Struthland,  apparently  bequeathed  to  Ashton  by  a  personal  friend, 
J.  Campbell,  11  Sept.,  1772.  Campbell  died  in  Feb.,  1779  ;  and, 

3  The  facility  with  which  the  Chapter,  and  subsequently  the  Corporation,  alienated 
real  estate  was  owing  to  the  views  prevalent  in  Maryland  about  civil  and  ecclesiastical 
property.     See  No.  197.     This  practice  of  alienating  property,  while  always  keeping  the 
proceeds  within  the  limits  of  pious  uses,  appears  from  the  very  commencement.     See  Nos. 
147,  C,  [/.],  17? ;  152,  C  ;  153,  B,  [///.],  [x/v.] ;  and  in  seq.passim.    However,  the  principle 
so  applied  in  Maryland  does  not  seem  to  disagree  with  the  injunction  of  Card.  Antonelli 
(No.  150,  R),  nor  with  that  of  Card.  Litta  quoting  Benedict  XIV.  (No.  150,  F-,  note  37), 
because,  while  these  forbid  the  transference  of  ecclesiastical  funds,  strictly  limited  to 
place  and  purpose,  tlie  Maryland,  Fathers  had  few  or  no  such  minute  limitations  in  the 
^lse  of  their  property,  all  being  one  general  pious  fund;  and,  within  the  limits  of  the, 
general  purpose ,  they  operated,  as  above,  without  scruple.     Cf.  No.  118,  note  30. 

4  Carroll  was   engaged  in  controversy  at  this  date  with  an  old  colleague  and  a 
relative,  Rev.  Charles  Henry  Wharton,  who  had  renounced  his  faith  and  the  priest- 
hood.    Cf.  J.  G.  Shea,  History  of  the  Catholic  Church  in  the  United  States,  ii.  227 
seq.     Cf.  sitpra,  No.  72,  p.  263 ;  a  letter  from  C.  H.  Wharton,  Liege,  13  Feb.,  1770,  to 
Father  George  Hunter,  then  in  Europe,  about  the  inspection  of  my  affairs  in  Mary- 
land (Md.-N.  Y.  Province  Archives,  3). 

5  Here  begins  the  history  of  that  allowance  for  the  Superior  in  spirituals,  which 
formed  the  basis  of  Mgr.  Ambrose  Marcchal's  controversy  with  the  Jesuits  on  their 
temporalities  (supra,  Section  III.).     It  may  be  noted  that  the  special  salary  ivas  voted, 
wlien    the  actual  superior  was  Father  Lewis,  and  before  a  prefecture-apostolic  in 
America,  much  less  an  episcopal  see  in  Baltimore,  was  established.    A  slightly  enlarged 
allowance  was  already  granted  to  the  Superior  in  the  Form  of  Government.     See 
No.  147,  E,  [/•.]     On  the  development  of  the  allowance,  see  Nos.  116,  C,  note  8 ;  117,  B, 
note  3. 

Shea  inserts  here,  as  the  equivalent  of  £100  sterling :  $444  per  annum.     J.  G. 
Shea,  History  of  the  Catholic  Church  in  the  United  States,  li.  241.     Cf.  No.  176,  J. 
8  Cf.  No.  114,  note  19,  on  Truth  and  Trust,  devised  by  Father  Augustine  Jenkins. 


632  No.  149,  A.     CARROLL   AND  ROME,    1784-1786  [IV 

on  the  8th  of  June,  1780,  John  Ashton,  devisee  under  the  will,  and 
now  an  ex-Jesuit,  filed  a  suit  against  intruders,  in  the  case : 
Ashton,  Lessee,  v.  Turners,  quoted  before  in  connection  with 
Father  Robert  Brooke's  Case!1  This  property  being  secured  to 
Ashton  as  a  consequence  of  his  suit,  he  himself  treats  it  as  common 
goods,  and  the  Chapter  undertakes  to  dispose  of  it  accordingly. 
Twenty  years  later  Ashton,  who  was  still  and  always  a  secular 
priest  after  this,  promised  a  full  power  of  attorney  to  Father 
Francis  Neale,  for  the  sale  of  two  tracts,  Campbell's  Chance  and 
Struthland  ;  adding  :  and  I  will  ratify  any  agreement  you  make 
pro  bono  publico ; 8  although  at  this  time  Father  Ashton  was 
generally  acting  in  opposition  to  his  former  colleagues. 

No.  149.  1784-1786. 

Carroll  and  Home :  reports  sent  by  Carroll  to  the  Propaganda  about 
the  property.  At  the  constituent  meeting  of  the  Chapter,  described 
above,  Father  John  Carroll  asked  for  the  advice  of  his  brethren 
with  regard  to  the  offer  now  made  to  him  from  Rome  of  a  pre- 
fecture-apostolic. They  gave  him  their  advice ;  and  they  made 
provision  for  him.  When  he  moved  to  Baltimore  from  his 
mother's  residence  at  Rock  Creek,  they  added  at  the  next  meeting 
a  further  subsidy  to  the  former  provision,  by  way  of  defraying 
the  extra  expenses  so  incurred.1  During  these  years,  1781^-1786, 
the  mews  of  the  ex-Jesuit  brethren  with  regard  to  his  position  and 
the  ecclesiastical  form  of  government  underwent  a  total  change. 
TJie  question  of  property  and  its  use  was  made  the  subject  of  a 
lively  debate,  in  connection  with  a  project  to  establish  a  seminary 
and  college.  During  the  same  two  years,  1781^-1786,  Carroll 
made  several  declarations  to  Cardinal  Antonelli  about  the  nature 
of  the  property  and  about  the  need  now  apparent  of  legalizing  the 
existence  of  the  Chapter  by  incorporation. 

A.  1784,  September  18. 

Carroll,  Maryland,  18  Sept.,  1784,  to  Plowden. 

...  I  now  come  to  your  favour  of  July  3?,  previous  to  which  I  had 
received  similar  intelligence  from  Talbot  and  Thorpe.     I  do  assure  you, 

T  No.  44.  Cf.  No.  162,  Q:  Campbell's  Chance  and  Struthland  on  Elkridge, 
Arrundel  County,  about  250  acres.  If  this  is  the  same  land,  it  remained  undisposed 
of,  and  still  in  Ashton's  name,  till  his  death,  and  then  seemingly  passed  to  the 
Corporation  through  Father  Notley  Young,  Ashton's  legal  heir. 

8  Md.-N.  Y.  Province  Archives,  1804,  July  7,  Ashton,  Pwt  Tobacco,  to  F.  Neale, 
Georgctmvn ;  2  pp.  fol.  in  a,  trembling  old  man's  hand. 

1  No.  150,  B,  [v.j,  lo.     Cf.  No.  116,  0,  note  8. 


§  12]  No.  149,  B,  C.     CARROLL  AND  ROME,    1784-1786  633 

Dear  Charles,  that  nothing  personal  to  myself,  excepting  the  dissolution 
of  the  Society,  ever  gave  me  so  much  concern.  And,  if  a  meeting  of  our 
gentlemen  to  be  held  the  9th  of  October  agree  in  thinking  that  I  can 
decline  the  intended  office  without  grievous  inconvenience,  I  shall  certainly 
do  so.  ... 

B.  1784,  October  11. 

Proceedings  of  the  Chapter,  11  Oct.,  1784.  A  prefecture-apostolic,  or  a 
bishopric. 

The  business  of  Mr.  Thorpe's  letter  was  next  considered  by  the  Chapter, 
and  the  following  resolves  passed. 

It  is  the  opinion  of  the  majority  of  the  Chapter,  that  a  Superior  in 
spiritualibus  with  powers  to  give  Confirmation,  grant  faculties,  dispensa- 
tions, bless  oils,  etc.,  is  adequate  to  the  present  exigencies  of  religion  in  this 
country.  Resolved  therefore  : 

1?  That  a  Bishop  is  at  present  unnecessary. 

2?  That,  if  one  be  sent,2  it  is  decided  by  the  majority  of  the  Chapter, 
that  he  shall  not  be  entitled  to  any  support  from  the  present  estates  of  the 
Clergy. 

3°  That  a  committee  of  three  be  appointed  to  prepare  and  give  an 
answer  to  Eome,  conformable  to  the  above  resolution.  The  committee 
chosen  to  meet  at  the  Whitemarsh  are  Messrs.  Bernard  Diderick,  Ignatius 
Matthews  and  Joseph  Mosley. 

4?  That  the  best  measures  be  taken  to  bring  in  six  proper  clergymen 
as  soon  as  possible,  and  the  means  \be~\  furnished  by  this  Chapter  out  of 
the  general  fund,  except  where  otherwise  provided  for. 

After  these,  the  last  resolutions  of  the  constituent  meeting,  the  general 
declaration  follows,  as  quoted  before,  regarding  the  ultimate  restoration  of  all 
property  belonging  to  the  Society  of  Jesus,  in  the  event  of  the  Order  being 
restored  in  America.3 

C.  Same  date. 

Proceedings  of  the  Cliapter,  11  Oct.,  1784.  The  last  of  the  Rules  for 
government  of  members  belonging  to  the  Body  of  the  Clergy  ;  which  implies 
that  John  Lewis,  the  late  Superior,  has  resigned  (in  favour  of  Carroll). 

6?  To  preserve  charity  among  the  members  of  the  Clergy  in  the 
Mission,  every  one  must  frequently  pray  for  each  other,  and  say  ten 
Masses  every  year  for  every  person  dying  in  the  service  of  this  Mission  ; 
and  the  members  of  the  private  Chapters  may  direct  what  Masses  or 
prayers  shall  be  said  for  other  purposes  in  their  respective  Districts. 
Every  clergyman  shall  say  one  Mass  every  year  for  the  ^perior  in  spiri- 
his  life  time,  and  15  after  his  decease.  And  for  the  late 


2  The  point  of  this  resolution  is  in  the  word  sent,  in  contrast  with  an  appointment 
after  the  free  election  of  the  clergy.     Cf.  infra,  G  ;  p.  693  ;  No.  168,  A,  22? 

3  No.  147,  G,  H. 

VOL.  I.  2  T 


634  No.  149,  D,  E.     CARROLL   AND   ROME,    1784-1786  [IV 

Superior,  the  liev.  Mr.  Jno.  Lewis,  after  his  death  also  15  ;  and  particularly 
all  shall  be  mindful,  soon  after  the  2d.  November,  to  say  annually  one  Mass 
for  deceased  benefactors. 

D.  1785,  February  17. 

Carroll,  Maryland,  near  Georgetown,  17  Feb.,  1785,  to  Father  John  Thorpe, 
Rome.  Thorpe's  agency  in  Borne.  Memorial  on  a  bishopric  for  America. 
Extract. 

At  a  meeting  of  some  of  us  last  autumn,  it  was  ordered  that  £20.0.0 
should  be  remitted  to  you,  as  a  feeble  acknowledgment  of  our  sense  of  your 
services,  and  to  defray  your  expense  of  attendance,  &c.  Mr.  John  Ashton, 
who  is  chosen  to  be  our  manager  general,  either  has  or  soon  will  transmit 
the  necessary  orders  for  it.  Though,  since  my  late  appointment,  I  do  not 
intermeddle  in  our  temporal  concerns,  yet  I  shall  not  fail  to  suggest  the 
propriety  of  fixing  on  you,  as  our  agent,  a  permanent  salary.  It  will  be 
proportioned,  not  to  your  zeal  and  services,  but  to  our  poor  ability.  At  the 
same  meeting,  but  after  I  had  left  it  through  indisposition,  direction  was 
given  to  Messrs.  Diderich,  Mosely 4  and  Matthews,  to  write  you  a  letter 
(I  believe  likewise  a  memorial  to  the  Pope)  against  the  appointment  of  a 
Bishop.  I  hear  that  this  has  displeased  many  of  those  absent  from  the 
meeting,  and  that  it  is  not  certain  whether  the  measure  is  to  be  carried 
into  execution. 

E.  1785,  March  1. 

Carroll,  report,  1  Mar.,  1785,  to  Card.  Antonelli.5  Statement  that  "  there 
is  no  ecclesiastical  property  here,  strictly  so  catted  ;  for  everything  is  possessed 
by  individuals  in  their  own  names,  and  handed  on  to  heirs  by  will."  No  remedy 
thus  far  for  this  state  of  things.  A  seminary  to  be  founded,  for  candidates 
who  may  come  from  the  State  colleges  of  Philadelphia  and  Maryland. 

...  3?  De  numero  Presbyterorum,  studiis,  modo  se  sustentandi.  .  .  . 
^[  Presbyteri  sustentantur  ut  plurimum  ex  fundorum  proventibus  ;  alibi 
vero  liberalitate  Catholicorum.  Nulla  hie  proprie  sunt  bona  ecclesiastica.6 
Privatorum  enim  nomine  possidentur  ea  bona,  ex  quibus  aluntur  Presby- 
teri ;  et  testamentis  transferuntur  ad  haeredes.  Ita  faciendum  suggessit 
dira  necessitas,  dum  legibus  Catholica  religio  hie  arctaretur.  Neque  adhuc 
inventum  est  huic  incommode  remedium,  quamvis  multum  a  nobis  anno 
elapso  id  tentaretur. 

Ad  procurandos  in  Religionis  ministerio  successores,  quid  faciendum 
sit  non  sane  intelligimus.  Est  jam  Philadelphiae  collegium,  agiturque 
de  duobus  in  Marilandia  extruendis,  ad  quae  admitti  poterunt  Catholici 
aeque  ac  alii,  tarn  praesides  quam  professores  et  alumni.  Fore  speramus 

4  This  intimates  that  Mosely  was  a  member  of  the  Chapter. 

s  Cf.  J.  G.  Shea,  History  of  the  Catholic  Church  in  the  United  States,  ii.  260, 
261. 

6  Cf.  No.  144,  A,  Carroll,  26  Sept.,  1783,  to  Plowden,  on  the  exclusion  of  ecclesiastical 
authority  from  touching  Maryland  property. 


§  12]  No.  149,  F-H.     CARROLL  AND  ROME,    1784-1786  635 

ut  hos  inter  aliqui  vitam  ecclesiasticam  velint  amplecti.  Cogitamus  igitur 
de  seminario  instituendo,  in  quo  valeant  deinceps  ad  mores  et  doctrinam 
statui  illi  convenientes  formari.  ^[  Faculties,  etc. 

F.  1785,  July  23. 

Antonelli,  Rome,  23  July,  1785,  to  Carroll.  He  rehearses  with  appro- 
bation Carroll's  opinions,  expressed  in  the  letters  of  21  Feb.  and  1  Mar. 
(7755).  Accordingly,  the  project  noio  suspended  of  appointing  a  Vicar 
Apostolic  in  the  person  of  Carroll  himself.  The  proposal  accepted,  that 
nominations  may  be  submitted  by  Maryland  missionaries.  The  temporary 
postponement  also  admitted,  till  there  are  candidates  ivho  need  ordination  at 
the  hands  of  a  bishop,  and  a  "  becoming  support  for  the  bishop  be  provided." 

...  Si  vere  magis  expedire  fore  putaveris,  ut  missionarii  ipsi  aliquern  vel 
prima  vice  Sacrae  Congregation!  commendent,  qui  ad  Vicarii  Apostolici 
munus  provehatur,  Sacra  Congregatio  id  praestare  non  desinet,  quod 
opportunius  fore  judicaveris.  Certe  in  poster um,  ut  accepta  evadat  hu- 
jusmodi  designatio,  nulla  erib  S.  Congregation!  difficultas  ut  missionarii 
isti  duos  vel  tres  ex  iis  digniores  S.  Congregation!  commendent,  ex  quibus 
ilium  decernere  non  recusabit,  qui  virtute  ac  meritis  magis  excellens 
videbitur.  Interim  vero  Dominatio  tua  Superioris  munus  exercere 
perget ;  nam  cum  ipse  declaraveris  non  prius  oportere  Vicarium  Aposto- 
licum  constituere,  quam  de  idoneis  sanctuarii  ministris,  et  de  decenti 
Episcopi  sustentatione  provideatur,  et  aliunde  significatum  fuerit,  id 
esse  opportunum  ut  negotium  istud  protrahatur,  nos  Vicarii  Apostolici 
designationem  congruo  tempori  reservabimus,  de  quo  etiam  abs  te  certiores 
fieri  exspectamus.  A  new  formula  of  faculties  herewith  sent,  allowing 
Carroll  to  appoint  missionaries  other  than  those  approved  by  the  Sacred 
Congregation  itself.  Faculties  for  matrimonial  cases  ;  and  to  celebrate  Mass 
"  three  hours  after  midday." 

G.  1786,  July  11. 

Carroll,  11  July,  1786,  to  Plowden.     Summary  of  the  foregoing. 

The  latitude  accorded  him  in  the  matter  of  employing  any  clergymen  he 
likes,  and  of  granting  dispensations.  The  nomination  of  a  Bishop  is 
suspended,  till  I  shall  please  to  say  he  might  be  serviceable ;  his  appoint- 
ment by  a  foreign  tribunal  is  given  up ;  and,  whenever  one  is  to  be 
nominated,  the  clergy  here  may  chuse  two  of  their  number,  one  of  whom 
shall  be  Bishop.  On  employing  the  interval,  until  a  bishop  is  really  needed, 
in  obviating  a  danger,  that  of  the  final  nomination  to  the  bishopric  being  made 
by  a  foreign  jurisdiction.  The  question  of  an  Ordinary.  No  need  now  of 
Carroll's  going  to  Borne. 

H.  1786,  March  13. 

Carroll,  Maryland,  13  Mar.,  1786,  to  Antonelli.  The  contention  of  some 
sectarian  politicians,  that  the  property  of  the  Catholic  priests  should  be 


636  No.  149,  J.     CARROLL   AND  ROME,    1784-1786  [IV 

confiscated  by  the  State ;  since,  as  they  argued,  the  ministers  of  other 
denominations  were  maintained  by  the  free  oblations  of  their  floclzs,  and  Catholic 
priests  should  do  likewise.  To  ward  off  such  an  attack,  every  effort  has  been 
made  to  obtain  legal  incorporation  ;  but  so  far  fruitlessly.  Great  prejudices 
siibsist  against  the  acquisition  of  property  by  ecclesiastics,  whose  tenure  is 
called  mortmain. 

TJie  Cardinal's  letter  of  28  July,  1785  (F),  received  in  December. 
The  matter  of  approving  missionaries;  case  of  Father  Andrew  Nugent. 
lisdem  litteris  significavi  commotionern  aliquam  animorum  extitisse 
in  Marylandia,  ex  qua  suspicabantur  aliqui  periculum  restringendae 
libertatis  in  negotio  religionis.  Aliud  autem  quidam  moliuntur,  aeque 
fortasse  religion!  perniciosum,  scilicet  fisco  addicere  bona  quibus  sacer- 
dotes  catholici  sustentantur.  Hoc  eo  praetextu  praecipue  se  velle  aiunt, 
quod  sectariorum  ministri,  ut  vocant,  bona  nulla  stabilia  possideant,  sed 
ex  gregalium  suorum  collationibus  victum  repetant :  unde  et  nos  in 
earadem  formam  redigere  cupiunt.  Hujus  rei  evitandae  causa,7  tibi 
primum  abrogatis  Angliae  legibus  religionis  nostrae  libertas  plane  est 
constituta,  omni  conatu  legem  obtinere  studuimus,  qua  sacerdotibus 
catholicis  in  unum  corpus  coalescere  liceat,  ac  communi  nomine  bona 
possidere.  Hac  ratione  sperabamus  fore,  ut  bona  ex  privatorum  rnanibus 
transirent  in  perpetuum  jus  et  usum  operariorum  in  hac  Domini  vinea  : 
adeoque  sacris  usibus  stabiliter  manciparentur.  Cupiebamus  quoque 
periculo  obviare,  quod  semper  adest,  dum  in  privati  hominis  potestate 
est,  ilia  bona  ad  propinquos  aut  alterum  quemvis  instrumento  legali  vel 
testamento  transmittere.  Hucusque  vero  nihil  profecimus,  quod  magna 
hie  vigeant  praejudicia  de  adeptione  bonorum  ab  hominibus  ecclesiasticis, 
seu,  ut  vocant,  manus  mortuae.8  Si  posthac  divino  beneficio  conatus 
nostros  melior  successus  coronaverit,  certior  net  Sacra  Congregatio.(a| 

J.  1787,  August  8. 

Card.  Antonelli,  Rome,  8  Aug.,  1787,  to  Carroll. 

Tlie  receipt  of  Carroll's  report.  Compliments.  The  Cardinals  heard 
with  much  satisfaction,  that  he  thought  of  obtaining  an  act  of  incorporation 
for  the  clergy,  unto  the  preservation  and  religious  use  of  the  property,  which 
had  been  held  for  them  in  a  private  name  (see  the  text,  .No.  115,  §  20). 
Carroll's  project  of  a  school  for  youth,  and  of  a  seminary  for  clerics, 
viewed  with  approbation.  The  system  of  studies,  etc.,  left  to  Carroll's 
consideration. 

(a)  Carroll  goes  on  to  say  that  the  foregoing  was  written  "  before  27  March,"  which  is  the  date  given, 
supra,  No.  115,  $  19. 

7  Here  begins  absolutely  the  quotation  of  this  passage  in  No.  115,  §  19,  where  it  is 
subjoined   to  Antonelli's  observation  (No.  149,  F)  about  obtaining  priests,  and  pro- 
viding an  episcopal  mensa. 

8  The  restrictive  legislation  of  Maryland  regarding  acquisitions  of  landed  property 
in  ecclesiastical  mortmain  is  expressly  cited  in  the  preamble  to  the  charter  obtained  for 
the  Corporation,  23  Dec.,  1792.      &ce  No.  164,  A,  [/.]. 


§12]  JVos.  149,  K ;  150.     THE   CHAPTER,    1786  637 

K.  1788,  April  19. 

Carroll,  19  Apr.,  1788,  to  Antonelli.     Answer  to  the  foregoing  (J). 

He  demurs  to  tlie  compliments  paid  Mm.  Sc  is  sanguine  about  pro- 
curing an  act  of  incorporation  for  the  Catholic  clergy:  Maxime  jam 
confido  legem  brevi  obtinendam  esse,  qua  sacerdotibus  catholicis  in  unum 
corpus  coalescere  permittetur,  ac  cornmuni  nomine  bona  possidere ;  et 
etiam,  cum  quadam  restrictione,  alia  acquirere,9  si  quando,  ut  speramus, 
frequentiores  fuerint  sanctuarii  ministri.10  On  Nugent,  New  York ;  the 
Spanish  ambassador's  interest  in  the  affair  of  a.  bishopric  for  the  United 
States. 

Md.-N.  Y.  Province  Arcliivcs,  1784,  Sept.  18,  Carroll  to  Plowden ;  4pp.  4to, 
No.  7.  Ibid.,  1786,  July  11,  same  to  same;  4pp.  4to,  No.  11.  Ibid.,  1784, 
Oct.  11,  minutes  of  the  General  Chapter  as  described  above,  No.  145,  A,  [  r.]) ;  /.  5. 
— Georgetown  College  Transcripts,  1785,  Feb.  17,  Carroll  to  Thorpe  ;  Shea  copy, 
11  pp.  8vo.  Ibid.,  1785,  July  23,  Antonelli  to  Carroll,  Shea  copy,  3  pp.  8vo ; 
1786,  Mar.  13,  Carroll  to  Antonelli,  Shea's  excerpts,  1786,  1787 ;  1787,  Aug.  S, 
Antonelli  to  Carroll,  Shea's  excerpts,  1787-1790. — Propaganda  Archives,  America 
Centrale,  2,  f.  313",  1  Mar.,  1785,  Carroll's  Relatio  pro  Erninentissimo  Cardinal! 
Autonello  de  statu  religionis  in  Unitis  Poederatae  Americae  Provinciis  (ff.  312- 
314).  Ibid.,  f.  367",  19  Apr.,  1788,  Carroll  to  Antonelli.— Cf.  Georgetown  'College 
Transcripts,  Shea  copies  of  the  two  latter,  lender  respective  dates. 

No.  150.  1786,  November-CIS!!;. 

The  Chapter  of  1786  :  accounts  with  the  extinct  English  Province  S.  J. 
The  previous  constituent  meeting  of  the  Chapter  had  closed  in 
October,  1784,  with  the  attestation  of  universal  approval.  The 
body  met  again  in  November,  1786,  one  year  before  the  date 
appointed.  It  had  to  consider  pressing  questions  about  incorpora- 
tion, a  bishopric,  and  a  school. 

The  ex-Jesuit  property  rights  in  England.  Principles,  and  their 
bearings  on  Maryland. 

9  Cf.  No.  115,  §  20,  Marechal  to  the  Propaganda,  19  Aug.,  1820.     Here  at  the 
word  acquirere  the  quotation  stops,  in  the  middle  of  the  sentence.     Ibid.,  §  19,   the 
quotation  of  document  H  above  begins  in  the  middle  of  a  sentence,  witli  the  suppression 
of  Carroll's  political  reason  for  incorporation  :  Hujus  rei  evitandae  causa.    Ibid.,  §  20, 
between  the  quotation  of  documents  J  and  K,  there  is  inserted  a  statement  that  "  the 
greatest  difficulty,  which  Dr.  Carroll  had  to  encounter,  was  not  from  the  side  of  the 
American  Government,  but  from  his  ancient  brethren  and  colleagues,  who  entertained 
hopes  of  the  Society's  restoration,  and  therefore  did  not  wish  to  part  ivith  the  property 
whicJi  they  enjoyed."     Thus,  from  the  political  ground  on  which  Carroll  rested  the 
question  of  incorporation  and  its  difficulties,  Marechal  moved  the  issue  to  the  ground  of 
the  ex- Jesuits'  tenacity  in  not  letting  Carroll  have  the  property  for  the  See  of  Baltimore 
and  for  the  clergy  at  large  in  Maryland.    For  the  interpretation  given  in  Borne  to  the 
"fragments"  cited  in  No.  115,  §§  17-20,  cf.  No.  199,  A,  Alcune  poche  Osservazioni, 
by  the  General,  Father  Fortis.     The  impression  conveyed  had  been  that  Pius  VI.,  in 
erecting  the  See  of  Baltimore  (1789),  and  giving  the  Ordinary  of  that  See  authority  to 
"administer  ecclesiastical  revenues"  (No.  160,  B),  did  thereby  settle  the  mensa  of  the 
said  Sec  on  the  estates  of  the  ex- Jesuit  Corporation  (founded  1793). 

10  The  foregoing  documents,  E-K,  are  the  entire  basis  of  the  claim  advanced  that 
the  mensa  of  the  Baltimore  See,  before  the  erection  of  tlie  latter,  was  understood  to  be 
settled  on  the  Jesuit  estates.     See  No.  115,  §§  17-20,  where  essential  elements  have  been 
suppressed  in  the  fragments,  as  seen  from  the  supplements  given  above. 


638  No.  150,  A-C.     THE   CHAPTER,    1786  [IV 

A.  1784,  October  11-1787,  October  10. 

Adjournment  of  the  Chapter,  1784,  for  three  years. 

The  Chapter,  having  finished  their  present  business,  adjourned  to  the 
10th  of  October,  1787.  All  signed. 

B.  1786,  November  13-24. 

Proceedings  of  the  General  Chapter  in  the  year  1786. 

[/.]  Nov.  13th  in  the  year  1786,  being  the  day  appointed  for  the 
General  Chapter  to  meet  at  the  White  Marsh,  met  accordingly,  for  the 
Southern  District,  the  Rev.  Mr.  Ignatius  Matthews  and  the  Rev.  Mr. 
James  Walton ;  for  the  Middle  District,  the  Rev.  Mr.  Bernard  Diderich 
and  the  Rev.  Mr.  John  Ashton.  There  being  a  sufficient  number  met  to 
make  a  Chapter,  agreed  unanimously  that  the  Rev.  Mr.  John  Carroll 
Superior  be  respectfully  intreated  to  attend  Chapter.1 

Ordered,  that  the  Rev.  Mr.  John  Ashton  do  write  to  the  Rev.  Mr.  J. 
Carroll  to  the  same  purpose. 

[//.]  November  15th,  the  Rev.  Mr.  J.  Carroll  attended  agreeably  to  the 
request  of  the  Chapter. 

November  16.  Resolved  that  the  following  regulations  shall  be  received 
and  observed  by  Chapter  in  this  meeting. 

[///.]  Rules  to  be  observed  by  the  members  of  this  Chapter. 

Here  follow  thirteen  bye-laws. 

C/r.j  November  17.  The  Rev.  Mr.  Molyneux  attended  Chapter  for  the 
Northern  District. 

Particular  Resolves. 

Deer  Creek.2  Affairs  of  the  Rev.  Mr.  Mosley.  Newtown.  The  Eev.  Mr. 
James  Frambach's  Affairs.  Lancaster.  The  Rev.  Rob.  Molyneux. 

Superior. 

[F.J  Resolved.  1?  That  the  sum  of  £210  [currency]  per  annum  be 
allotted  to  the  Superior  till  the  next  meeting  of  Chapter,3  and  that  the 
Procurator  General  be  authorized  to  pay  him  the  same,  as  long  as  he 
continues  to  live  in  Baltimore  ;  on  his  retiring  from  thence,  his  salary  to 
continue  as  formerly  granted. 

C.  1785,  June  29. 

Carroll,  Rock  Creek,  29  June,  1785,  to  Plowdcn.  On  removing  to 
Baltimore. 

...  I  find  it  very  difficult  where  I  now  live  to  attend  the  duties  of 

1  Molyneux  for  the.  Northern  District  attends  on  17  Nov.    Pellentz  would  seem  to 
be  the  other  member  for  the  same  District  (cf.  No.  153,  A,  [//.],  [r/.]). 

2  No.  85,  B. 

3  Cf.  No.  148,  A,  14o      This  sum  of  £210  currency  was  equal  to  £,126  sterling. 
See  No.  157,  A,  69     According  to  Shea's  calculation  that  £,100  sterling  equalled  $444 
(No.  148,  note  5),  this  sum  would  come  to  almost  $560. 


§  12]  No.  150,  D,  E.     THE   CHAPTER,    1786  639 

my  present  station.  It  is  inconvenient  to  some  to  apply  to  me  here  ;  and, 
however  painful  it  will  be  to  my  dear  Mother  and  myself,  I  apprehend 
that  it  will  be  necessary  for  me  to  remove  to  Baltimore,  as  a  more 
centrical  situation.  You  shall  know  more  particularly  in  my  next.  .  .  . 

Georgetown  College  MSS.,  Proceedings  of  the  General  Chapter  in  the  year 
1786;  9  pp.  fol. :  followed  by  13  pp.  fol.,  Letter  to  the  Rev.  Gentlemen  of  the 
Southern  District,  Maryland  (No.  153,  B). — Md.-N.  Y.  Province  Archives,  42 : 
1  cahier  of  8  ff.  4to,  containing  the  same  minutes  in  Sewall's  writing ;  1  cahier, 
4pp.  4to,  same  style,  same  paper,  same  writer,  but  carelessly  done, — his  private 
memoranda  for  the  minutes.  Ibid.,  45,  the  same  loriter's  draft,  corrected  and 
complete,  of  the  letter  to  the  Southern  District.  Some  of  his  corrections  are 
instructive,  and  we  shall  note  them  in  the  text  (infra,  No.  153,  B).  Ibid.,  1785, 
June  29,  Carroll,  Rock  Creek,  to  Plowden ;  3  pp.  fol.,  No.  9.  As  far  as  his  18th 
letter  in  our  collection,  dated  1788,  May  26,  he  still  ivrites  from  Rock  Creek, 
except  in  the  case  of  the  17th,  1788,  March  1,  which  is  dated  from  Maryland. 
The  first  dated  from  Baltimore  is  our  19th,  1788,  Nov.  12. 

D.  1786,  November  13-24. 
Proceedings  of  the  Chapter,  13-24  Nov.,  1786. 

London  Debts. 

Resolved.  1?  That  Chapter  does  approve  of  the  answer  given  by  the 
Procurator  General  to  the  proposals  made  from  England  by  the  Rev.  Mr. 
Strickland  for  the  payment  of  a  debt  claimed  from  the  clergy  in  this 
country,  and  that  he  be  authorized  to  settle  the  same  on  the  principles 
proposed.4 

The  accounts  of  England  and  America  were  distinct  and  independent. 
The  obligation  of  paying  to  Pennsylvania  the  Sir  John  James 
subsidy?  which  was  received  by  ike  London  office,  had  been 
transferred  by  agreement  to  the  Maryland  Office,  as  its  part 
payment  of  the  accumulated  liabilities  in  London?  Ashton 
wrote  now  about  some  imaginary  general  stock,  which  after  the 
Suppression  shoidd  have  been  divided  between  England  and 
America ;  he  put  forward  that  idea  as  an  offset  to  the  real 
obligation  of  a  debt,  and-  he  called  for  arbitration  and  referees. 

E.  1786,  November  13. 

Carroll,  BocJe  Creelc,  13  Nov.,  1786,  to  Plowden.  The  Eev.  Mr.  Brooke 
stranded  in  London  for  want  of  funds. 

.  .  .  You  expected  that  Mr.  Brooke  would  deliver  your  letter;  but, 
with  yours,  I  received  one  from  him  informing  me  of  his  disappointment  in 
not  finding  cash  ready  at  London,  as  he  had  reason  to  expect  it  would  be 
from  my  letters.  How  this  has  happened  I  cannot  tell,  but  shall  know 
in  a  day  or  two.  Your  schoolfellow  Mr.  Ashton,  our  very  industrious 

4  Cf.  Nos.  148,  A,  2o,  note  1 ;  150,  K*. 
5  No.  70.  °  No.  90.  6». 


640  No.  150,  F-H.     THE   CHAPTER,    1786  [IV 

and  active  money  agent,  is  not  often  behindhand  in  the  discharge  of  his 
business ;  and  I  relied  on  him  so  much  as  to  suppose  he  would  not  be 
deficient.  But,  as  I  know  that  he  made  further  remittances  about 
three  months  ago,  I  trust  that  Mr.  Brooke  is  now  on  his  way  to  a  country, 
in  which  he  will  be  most  welcome.  .  .  . 

F.  1787,  June  4. 

Carroll,  Eock  Creek,  4  June,  1787,  to  Plowden.  On  the  controversy 
between  Ashton  and  Strickland,  procurators. 

...  A  disagreeable  affair  has  arisen  between  Mr.  Strickland  and  Jn. 
Ashtoii,  your  schoolfellow,  our  agent  general  pro  temporalibus.  It 
regards  a  contract  between  Messrs.  Corbie  and  Hunter ;  a  debt  from 
Maryland  to  the  former  Province  ;  and  a  claim  for  a  fair  proportion  of 
our  share  in  the  Province,  or,  as  you  call  it,  the  office  stock.  I  wish  the 
matter  were  amicably  settled ;  and  Mr.  Ashton  has  just  informed  me, 
that  he  has  now  offered  to  Mr.  Strickland  to  leave  it  to  referees,  giving 
bonds  mutually  to  abide  by  their  determination ;  the  referees  to  be 
chosen  out  of  the  former  body.  .  .  . 

G.  1788,  March  1. 

Carroll,  1  Mar.,  1788,  to  Plowden.  Apparent  estrangement  of  the  English 
procurators. 

...  I  know  not  what  it  is  got  into  Mr.  Talbot's  head.  I  write  to  him 
constantly  ;  and  for  18  months  cannot  get  from  him  one  word  of  answer. 
I  suspect  that  he  imputes  partly  to  me  some  proceedings  of  your  school- 
fellow Ashton,  who  is  our  temporal  agent.  I  had  no  part  in  the  business, 
except  certifying,  when  called  on  by  Ashton,  that  he  is  the  agent  of  the 
clergy  here  for  their  temporalities ;  and  an  excellent  agent  he  is  for  the 
substance,  tho  ungracious  oftentimes  in  the  manner.  The  suaviter  in 
modo,  so  much  recommended  by  the  courtly  Chesterfield,  is  wanted  to 
temper  the  vigor  of  his  exertions,  the  fortiter  in  re.  I  fear  he  has 
offended  both  Strickland  and  Talbot,  and  drawn  even  on  me  the  dis- 
pleasure of  the  latter.  .  .  . 

H.  (1790,  September.) 

Father  Strickland's  note  in  Ledger  B,  Maryland  Accounts,  p.  277. 

N.B.  Mr.  Ashton,  the  Agent  for  Maryland  and  Pensilvania,  having 
written  many  very  unbecoming  letters  concerning  the  Agency  and 
Government  of  the  Society  and  of  the  persons  concerned, — in  order  to  put 
a  stop  to  all  further  abuse  it  was  judged  expedient  to  sacrifise  the  Jarge 
debt  of  £1413.13.8^,  on  condition  that  America  should  pay  the  debt 
incurred  to  Liege  and  to  Office  since  the  dissolution  of  the  Society,  and 
also  to  find  a  proper  and  good  security  for  the  regular  payment  of  Mrs. 
White's  annuity  of  one  hundred  pounds  a  year.7  This  agreement  was  made 

7  Cf.  No.  54,  p.  239. 


§  12]  No.  150,  J-L.     THE    CHAPTER,    1786  641 

between,  me  and  Bishop  Carroll  of  Baltimore  when  in  London,  Bishop 
Carroll  being  properly  authorised  by  the  gentlemen  in  America  to  sign 
the  agreement,  which  took  place  in  Sept.  1790. 

J.  1790,  September  29. 

Bishop  Carroll's  undertaking  to  Strickland,  29  Sept.,  1790. 

Memorandum  in  Strickland's  hand.  When  I  entered  upon  Office,  I 
found  Maryland  indebted  to  Office  in  the  sum  of  1400£.  Since  that 
time,  Maryland  has  incurred  other  debts.  I  propose  to  forgive  in  the 
name  of  Office  the  debt  of  fourteen  hundred  pounds,  provided  Maryland 
will  pay  debt  incurred  since  I  entered  upon  Office,  and  will  also  provide 
good  security  for  the  payment  of  Mrs.  White's  annuity,  and  quit  all  claim 
of  reversion,  and  all  other  claims  upon  the  Province. 

Carroll's  assent,  in  Ms  own  hand :  The  Subscriber  agrees,  as  far  as  he 
has  authority,  to  this  proposal,  and  will  urge,  with  all  his  power  and 
influence,  its  admission  by  the  Chapter  of  the  American  Clergy.  J. 
Carroll.  Sept.  29,  1790. 

K.  1793,  November  29. 

Strickland,  29  Nov.,  1793,  to  Bishop  Carroll. 

...  I  had  been  informed  before  that  your  accounts  and  those  of  our 
former  Brethren  were  perfectly  distinct.  .  .  .  The  enclosed  state  of 
accounts  will  show  distinctly  what  sums  have  been  placed  to  the  credit  of 
America  and  by  whom.  The  whole  of  that  credit  arises  from  the  Pen- 
sylvania  fund,  Mr.  Ashton's  annuity,8  and  from  you. 

L.  (1811.) 

Strickland's  note  in  Ledger  G,  Maryland  Mission,  Dr.,  p.  126. 

Total  debt  accumulated,  1804-1811,  about  £429.19.4.  Then  this  note: 
Not  seeing  the  smallest  hope  or  prospect  of  recovering  the  debts  owing  to 
the  Province  from  America,  that  account  is  here  closed,  and  the  subsisting 
debt  forgiven. — There  will  still  remain  due  to  America  the  Pennsyl- 
vania fund  of  £53.11.8.  when  paid  to  me.  Rev.  Jos.  Hodgson  pays  it 
to  me  generally  in  May ;  because,  he  says,  he  does  not  chuse  any  trans- 
atlantic correspondence.9 

8  Cf.  No.  63,  p.  252. 

9  This  accumulation  of  American  debts  in  the  London  procurator's  office  furnishes 
the  explanation  of  Carroll's  account,  30  July,  1812,  to  Beschter  (infra,  No.  178,  Z), 
the  American  credit  of  the  Sir  John  James  Fund  being,  by  agreement,  balanced  against 
American  debts  contracted  in  London.     Cf.  No.  IJ.0,  B,  note  4.     Carroll  says  to 
Beschter,  in  the  letter  cited  :  You  must  be  destitute  of  the  resources  I  was  accustomed 
to  send.     Impute  it  to  Mr.  Strickland   of   London.     The  money  passes   thro   his 
hands  to  me,  and  I  suspect  that  he  is  very  forgetful.     For  three  years  he  has  made 
no  remittance,  insisting  particularly  that  the  portion  of  the  Society,  which  formerly 
existed  in  Maryld  and  Penns?,  owed  to  that  in  England,  before  the  dissolution,  a 
considerable  sum.     This  account,  to  my  certain  knowledge,  has  been  paid  twice  thro 
his  mistake,  and  once  with  the  personal  loss  to  me  of  stg  65 ;  yet,  after  a  few  years, 
he  revived  again  the  claim,  and,  as  above  mentioned,  has   now   for   three  years 


642  No.  150,  M.     THE   CHAPTER,    1786  [IV 

London,  English  Province  Archives  S.J.,  portfolio  6,  American  Letters,  ff. 
12-32",  9  Utters  of  Ashton  to  Talbot  and  Strickland,  28  Dec.,  1785-17  July,  1788, 
with  Strickland's  Memoranda  of  his  drafts  in  answer.  Sec  infra,  G2-P2. 
Ibid.,  f.  34,  Strickland's  formula,  with  J.  Carroll's  under  taking,  29  Sept.,  1790, 
autograph.  —  Ibid.,  Procurators'  books,  ledger  B,  pp.  277-282  ;  ledger  G,  f.  126. 
—Md.-N.  T.  Province  Archives,  1786,  Nov.  13,  Carroll  to  Ploivden;  4  pp. 
fol.,  No.  12.  Ibid.,  1787,  June  4,  same  to  same  ;  3  pp.  4to,  No.  Id.  Ibid.,  1788, 
Mar.  1,  same  to  same  ;  5  pp.  4to,  No.  17.  —  Cf.  Georgetown  College  MSS.,  folio 
blank  book  ivith  insertions  of  (B.  U.  Campbell's  ?)  notes,  pp.  43,  44  ;  divers  memo- 
randa from  Strickland's  correspondence,  1789-1793  ;  9  Aug.,  1789,  $20,  000  due 
by  Americans  to  English  Province. 

Leaving  to  the  following  Number  the  main  business  of  this  Chapter 
held  in  1786,  we  add  the  remaining  resolutions,  which  show  very 
well  the  ecclesiastical  spirit  animating  the  administration. 

M.  1786,  November  13-24. 

Proceedings  of  the  Chapter,  18-24  Nov.,  1786. 

General  Resolves. 

1?  That,  as  a  supplement  to  the  2nd  article  of  the  Rules  for  the 
particular  government  [of  members],  when  clergymen  are  declared  infirm 
after  serving  this  country  and  being  incorporated  into  the  Body  of  Clergy, 
the  expense  of  board  shall  fall  on  that  house  in  which  they  desisted  to  do 
service  ;  but  the  salary  they  are  to  receive  shall  be  paid  to  them  out  of 
the  general  fund.10 

2?  To  the  end  that  clergymen  may  not  be  taken  off  from  the  attention 
due  to  their  spiritual  occupations  or  the  trust  reposed  in  them  in  temporal 
affairs,  and  to  prevent  inconveniences  arising  therefrom,  the  members  of 
the  Clergy  are  cautioned  not  to  be  trustees,  executors,  or  guardians  for 
another,11  and  Chapter  protests  against  all  damages  arising  therefrom. 

3?  Where  clergymen  live  in  places  sufficiently  provided  for  from  our 
estates  in  the  judgment  of  the  District  Chapter  to  which  they  belong, 
it  shall  not  be  lawful  for  them  to  demand  a  support  from  the  faithful, 
but  they  are  to  serve  them  and  administer  the  Sacraments  in  all  cases 
gratis.12 

Ordered,  That  the  Rev.  Messrs.  Ign.  Matthews,  James  Walton,  and 
John  Ashton  be  a  committee  to  lay  before  Chapter  the  accounts  stated 

neglected  to  make  a  remittance.  I  am  however  now  to  take  a  new  step,  and  hope  in 
less  than  a  month  to  pay  up  a  large  portion  of  arrears  due  to  you.  Excuse  haste, 
and  be  assured  of  the  respect  and  esteem  of, 

Rev.  and  dear  Sir, 

Yr  most  hble  S», 

+'J.  ArchbP  of 


The  inaccuracies  here  are  rectified  by  the  documents  in  the  text  (H-L)  ;  and  by 
the  books  of  the  Corporation,  which,  in  1795,  1796,  paid  the  Sir  John  James  annuities 
into  the  hands  of  Bishop  Carroll.  See  No.  173,  C,  D. 

10  Compare  No.  119,  [r//.],  Marechal's  statement  to  the  Propaganda. 

11  This  is  in  accordance  with  a  rule  of  the  Society  of  Jesus. 

12  Cf.  Nos.  51  ;  56,  [12]  ;  59,  A  ;  135,  A,  note  30. 


§   12]  No.  150,  N,  O.     THE   CHAPTER,    1786  643 

between  the  Procurator  General  [Ashton]  and  the  different  estates  com- 
mitted to  his  care  for  the  general  f und,ia  and  to  make  their  report  thereon 
before  the  rising  of  Chapter. 

N.  1786,  November  23. 

Proceedings   of    the    Chapter,    28    Nov.,    1786.       The   title-deeds   and 

archives. 

Other  Resolves. 

N»v.  23.  1°  That  the  Rev.  Messrs.  Ign.  Matthews,  Leonard  Neale, 
and  John  Bolton  be  a  committee  to  assort  and  file  all  land  papers  to  be 
kept  at  Port  Tobacco  dwelling-house  in  a  safe  place,  numbering  the  same 
according  to  their  dates,  and  to  send  a  fair  copy  of  titles  and  numbers 
thereof  to  the  Procurator  General.14 

0.  1786,  November  24. 

The  Chapter,  24  Nov.,  1786.  The  signatures  of  all  the  Clergy  to  the 
Constitution. 

That  a  member  of  the  General  Chapter  in  every  District  be  appointed 
to  present  the  proceedings  of  the  last  general  Chapter,  relative  to  the 
Form  of  Government,  to  be  signed  by  all  the  members  of  the  District ; 
and  the  persons  are,  for  the  Northern  District,  the  Rev.  Robert  Moly- 
neux ;  for  the  Middle  District,  the  Rev.  John  Ashton ;  and,  for  the 
Southern  District,  the  Rev.  Ign.  Matthews. 

All  matters  being  settled  that  came  under  deliberation  of  Chapter, 
ordered  that  the  Procurator  General  do  pay  the  members  thereof  the 
journal  of  accounts.  Nov.  24th,  1786. 

CHARLES  SEWALL,  Secretary. 

Georgetown  College  MSS.,  Proceedings  of  the  General  Chapter  in  the  year 
1786,  as  above  (p.  639)  ;  /.  2",  4",  5. 

Before  proceeding  to  tlic  most  important  subjects  of  deliberation  in  the 
General  Chapter  of  178G,  we  insert  a  series  of  documents  to 
illustrate  the  English  property  question,  which  was  broached 
by  John  Ashton.  His  point  of  departure  was  the  Sir  John 
James  Fund,  established  for  the  Jesuit  missionaries  in  Pennsyl- 
vania (No.  70).  From  that  point  he  digressed  into  an  attack 
upon  the  exclusive  rights  of  the  ex-Jesuits  in  England  over  their 
old  property  there.  He  claimed  a  share  for  America. 

We  give  first  a  substantial  set  of  documents,  which  show  the  merits  of 
the  question  in  England.  Then  we  present  a  summary  of  the 
Ashton  controversy  with  the  English  procurators.  A  supplementary 

13  Cf.  No.  146,  B,  4<> 

14  Cf.  No.  217,  note  36. 


644  No.  150,  P,  Q.     PROPERTY  IN  ENGLAND,    1778-1806  [IV 

view  of  the  matters  in  these  documents  on  England  is  afforded 
infra  in  the  Appendix,  No.  220. 

The  ex-Jesuit  property  rights  in  England,  1778-1806. 
P.  1778. 

First  Act  of  the  British  Parliament,  1778,  for  the  relief  of  Catholics. 

The  oath  of  allegiance  prescribed  by  the  Act  contained  the  clause  :  And 
I  do  declare  that  I  do  not  believe  that  the  Pope  of  Rome,  or  any  other 
foreign  prince  or  prelate,  State  or  potentate,  hath  or  ought  to  have  any 
temporal  or  civil  jurisdiction,  power,  superiority  or  pre-eminence,  directly 
or  indirectly,  within  this  realm. 

Q.  1784,  July. 

[/.]  Acts  of  the  First  Congress  held  by  the  English  ex-Jesuits,  and  begun 
29  Apr.,  1776. 

.  .  .  Die  Jovis,  Maii  2,  1776.  .  .  .  28.  Report  made  by  the  Com- 
mittee, that  had  been  appointed  to  inspect  and  state  the  accounts  of 
public  monies  :  it  appeared  that  there  was  not  a  sufficient  income  in  the 
Office  for  the  exigencies  of  said  Office,  and  other  necessary  expenses. 

[//.]  Acts  of  the  Second  Congress,  8-21  July,  1784. 

...  6.  Question  put :  Whether,  upon  the  dissolution  of  the  Society, 
there  were  any  money  in  the  Districts  unappropriated  ? 

7.  Resolved  unanimously  in  the  negative  :  there  being  no  common 
property  in  the  Districts,  but  what  was  appropriated  and  belonged  to  some 
particular  District. 

...  18.  Some  Districts  having  instructed  their  deputies  to  know 
the  opinion  of  the  gentlemen  assembled  respecting  the  nature  of  our 
property,  the  following  declaration  was  unanimously  made  :  That  it  is, 
and  always  was,  the  opinion  of  every  District,  since  the  dissolution  of  the 
Society,  that  the  property  of  the  different  Districts,  as  well  as  of  [the 
central]  Office,  is  of  such  a  nature  that  it  cannot  be  alienated  from  the 
use  originally  intended,  and  such  has  been  all  along  their  invariable 
practice.  Groundless  therefore  and  unjust  is  every  report  that  has  been 
propagated  to  the  contrary. 

...  21.  Resolved,  that  the  Brief  of  Suppression  neither  did  nor  could 
take  away  the  right  of  property  of  any  individual. 

.  .  .  47.  Amendment  to  the  38th  resolution  of  the  First  Congress 
(29  Apr. -6  May,  1776),  which  ran  thus :  Whereas,  in  the  course  of  natural 
events,  it  must  be  expected  that  some  Districts  will  in  a  few  years  be 
extinct,  it  was  moved  and  unanimously  resolved  that,  when  any  District 
shall  be  reduced  to  one  or  two  lives,  it  will  then  be  proper  that  such 
member  or  members,  by  will  or  other  legal  conveyance,  make  the  adminis- 
trators then  being15  heirs  to  the  effects  of  such  District  for  the  public 

15  A  standing  committee  of  five  persons.     Cf.  No.  143,  A,  note  8. 


§  12]  No.  150,  B,  S.     PROPERTY  IN  ENGLAND,   1778-1806  G45 

use  or  service  :  but  such  member  or  members  shall  be  at  liberty  to  dispose 
of  their  private  estate,  whether  real  or  personal,  to  such  person  or  body, 
as  he  or  they  shall  chuse  : — 

Amendment  of  the  whole  enactment  into  a  recommendation  that  members 
so  dispose  of  their  property,  that  it  be  always  applied  to  the  uses 
originally  intended. 

R.  1786,  July  15. 

Decree  of  the  Sacred  Congregation  de  Propaganda  Fide,  answering 
Hi.  Rev.  Matthew  Gibson,  Bishop  of  the  Northern  District.  The  ex-Jesuits 
cannot  dispose  of  their  ecclesiastical  property  any  way  they  choose  ;  they  can 
use  it  for  their  maintenance  till  their  decease,  whereupon  the  said  property 
will  pass  to  the  Vicars  Apostolic  of  England. 

JLLUSTRISSIME  ET  REVERENDISSIME,  UTI  FRATER, 

Innotuit  Sacrae  huic  Congregationi  de  Propaganda  Fide  non- 
nullos  extinctae  Societatis  individuos,  qui  in  Anglia  commorantur,  in  ea 
esse  opinione  ut  putent  jus  sibi  competere  disponendi  de  bonis  ad  prae- 
fatam  Societatem  pertinentibus.  Cum  vero  id  generalibus  sacrorum 
Canonum  et  Apostolicarum  Constitutionum  regulis  adversetur,  Sacra 
Congregatio  monitos  voluit  eosdem  individuos  sub  conscientiae  gravamine 
ne  de  bonis  praefatis  disponere,  aut  capellas  domosque  adnexas  alienare 
aut  vendere  praesumant,  etiamsi  pretium  inde  perceptum  in  pios  usus 
erogare  intelligant,  aut  dominium  transferre  in  regulares  aliorum  Ordi- 
nuin.16  Super  quo  invigilare  debebunt  Vicarii  Apostolici,  et  memoratos 
Societatis  individuos  inbibere  ab  hujusmodi  alienationibus  et  a  libera 
dispositione  bonorum,  etiam  sub  ecclesiasticis  poenis,  quoties  moniti 
parere  recusant.  Erit  igitur  Amplitudinis  Vestrae  illos  hac  de  re 
certiores  facere,  atque  etiam  hortari  ut  contenti  sint  bonis  praedictis  uti 
donee  vixerint,  tanquam  boni  patresfamilias,  ad  necessariam  atque  etiam 
commodam  sui  sustentationem,  scientes  eadem  bona  post  illorum  obitum 
cadere  debere  in  beneficium  Missionis,  sub  plena  et  omnimoda  Vicarioruru 
Apostolicorum  administratione.  Haec  Amplitudini  Vestrae  pro  suo 
regimine  coinperta  volui. 

L.  Card.  ANTONELLUS,  Praefectus. 
S.  BORGIA,  Secretarius. 

Romae,  15  Julii,  1786. 

S.  [1786.] 

Charles  Butler,  Esq.,17  Catholic  lawyer,  of  Lincoln's  Inn:  opinion  on  the 
English  legal  bearings  of  a  Propaganda  decree  in  the  matter  of  civil  property 
rights.18 

16  Here  alienation  of  sacred  property  is  prohibited,  even  within  the  limits  of  merely 
changing  the  pious  uses.     Cf.  Nos.  148,  A,  note  3;  197,  p.  1032. 

17  Editor,  after  Francis  Hargravc,  of  Coke's  Littleton,  London,  1823.     Cf.  History, 
I.  36,  s.v.  "  Coke." 

>8  Cf.  No.  221,  B,  ad  note  6. 


646  No.  150,  T.     PROPERTY  IN  ENGLAND,    1778-1806  [IV 

If  the  Propaganda  be  merely  a  body  of  men,  whose  business  it  is  to 
answer  cases  proposed  to  them  in  ecclesiastical  matter,  and  no  other 
submission  or  acquiescence  is  considered  to  be  due  to  their  decisions  than 
their  character  for  learning  and  ability  entitles  them  to,  I  do  not  see 
how  such  an  application  to  them  would  have  been  criminal  by  any  law 
of  this  kingdom,  anterior  to  the  Reformation.  But,  if  they  are  a  body 
of  men  invested  by  the  Court  of  Rome  with  an  authority  to  decide  upon 
particular  cases,  and  their  decisions  are  held  by  that  Court  to  be  binding 
on  the  consciences  of  the  parties,19  the  application  in  question  would  in 
my  opinion  fall  within  the  27  Ed.  III.  c.  i,  commonly  called  the  Statute 
of  Provisors.  By  that  Statute,  all  the  people  of  the  King's  legiance, 
which  shall  draw  any  out  of  the  realm  by  plea,  whereof  the  cognizance 
pertaineth  to  the  King's  Court,  or  of  things  whereof  judgment  may  be 
given  in  the  King's  Court,  or  which  do  sue  in  any  other  Court  to  defeat  or 
impeach  the  judgments  given  in  the  King's  Court,  are  subjected  to  the 
penalties  therein  mentioned. 

Now  supposing  the  event,  which  gave  rise  to  the  present  case,  had 
happened  in  the  times  we  speak  of,  every  dispute  respecting  the  property 
in  question  would  have  been  cognizable  by  the  King's  Court,  either 
ecclesiastical  or  civil.  An  application  therefore  of  the  nature  before 
mentioned  must  have  been  considered  as  drawing  the  parties  interested 
out  of  the  realm  by  plea.20 

C.  BUTLER. 

T.  1787,  Jan.  16. 

Father  William  Strickland,  16  Jan.,  1787,  to  the  Vicars  Apostolic  of 
England.  A  circular.  The  four  Vicars  Apostolic  at  the  time  were : 
Southern  or  London  District,  James  Talbot,  title  Birthensis ;  Northern 
District,  Matthew  Gibson,  title  Comanensis,  succeeded  (70  Sept.,  1790)  by 
William  Gibson,  title  Acanthensis,  in  whose  time  the  College  at  Liege  was 
removed  to  Stonyhurst  (29  Aug.,  1794];  Midland  District,  Thomas  Talbot, 
title  Aconensis ;  Western  District,  Charles  Walmesley,  O.S.B.,  title 
Hamathensis. 

...  A  report  has,  I  find,  prevailed  that  the  gentlemen  of  the  late 
Society  of  Jesus  consider  now  the  money  which  did  belong  to  that  body 
as  their  own  property,  and  that  they  are  at  liberty  to  dispose  of  it,  as 
they  think  proper.  We  considered,  my  Lord,  the  Society  as  our  common 
parent,  and,  on  the  demise  of  that  parent,  we  thought  the  property  of  the 
parent  could  descend  nowhere  with  so  great  propriety  as  to  the  children  of 
that  parent.  But  we  did  not,  my  Lord,  from  hence  conclude  that  we  had 
an  unlimited  power  in  the  disposal  of  it.  We  considered  the  property  in 

19  See  supra,  R :  sub  conscientiae  gravamine. 

20  This  document  shows  the  legal  counterpart  in  England  of  the  political  prejudice 
incurred  in  America  by  Marechal,  through  his  recourse  to  Rome  in  a  question  of  in- 
corporated landed  interests.     Cf.  Nos.  124,  B,  p.  490 ;  131  seq.  passim. 


§  12]  No.  150,  U,  V.     PROPERTY  IN  ENGLAND,   1778-1806  647 

the  hands  of  our  parent  as  limited  in  its  uses  to  certain  objects.  Two  of 
these  objects  are  the  maintenance  of  the  individuals  who  composed  the 
body,  and  the  good  of  the  Mission  ;  and  we  apprehend  that  the  property 
descended  to  us  under  the  same  limitation  of  its  uses.  At  our  last 
general  meeting,  in  the  year  1784,  this  question  was  brought  forward  for 
discussion,  and  it  was  resolved,  without  one  dissenting  voice,  that  the 
property  of  the  late  Society  was  of  such  a  nature,  that  it 
can  not  be  alienated  from  the  uses  originally  intended. 

A  report  has  also  prevailed  that,  in  some  parts,  a  division  of  that 
property  had  taken  place,  and  that  some  had  benefited  by  it,  whilst 
others  were  totaly  excluded.  This  report,  I  will  venture  to  assure  your 
Lordship,  is  totaly  groundless,  no  division  of  that  kind  ever  having  taken 
place  in  any  part  of  this  kingdom.  The  annual  produce  has  been  regularly 
employed  in  the  discharge  of  incumberances  to  which  it  was  subject,  and 
other  purposes,  which  the  prudence  of  those,  who  were  trusted  with  the 
direction  of  it,  pointed  out  to  them. 

I  will  not  conceal  my  sentiments  upon  this  head.  In  the  ultimate 
disposal  of  this  property,  we  think  ourselves  at  full  liberty  to  convey  it 
to  such  trustees,  individuals  or  bodies,  as  we  shall  with  impartiality  judge 
will  answer  the  ends  of  its  original  intention.  .  .  . 

U.  1787,  January  22. 

Bishop  Thomas  Talbot,  22  Jan.,  1787,  to  Strickland.  Answer  to  the 
foregoing  circular. 

.  .  .  Such  reports  as  you  mention  in  your  letter  of  the  16th.  inst. 
have  certainly  spread  abroad  and  gained  much  credit.  I  am  glad  to  hear 
that  they  are  void  of  foundation.  The  unanimous  opinion  of  your 
brethren  coincides  with  mine,  tho'  I  cannot  subscribe  to  the  final  clause 
of  your  letter,  which  directly  contradicts  a  decree  of  the  S.  Congregation 
made  15th.  July,  1786,  of  which  the  following  is  a  copy.  Here  follows  a 
copy  by  the  bishop  of  the  decree  given  above  (B). 

V.  1787,  January  30. 

Strickland,  30  Jan.,  1787,  to  Bishop  T.  Talbot.     Answer  to  the  foregoing. 

MY  LORD, 

This  acknowledges  your  Lordship's  favour  of  22nd.  ult.  [!],  by 
which  I  learn  with  pleasure  that  your  Lordship's  judgement  coincides 
with  the  unanimous  opinion  of  my  brethren  ;  but  it  gives  me  real  pain 
to  find  that  your  Lordship  cannot  subscribe  to  the  final  clause  of  my  last 
letter.  At  the  time  of  the  Suppression  of  the  Society,  Bishop  Walton  21 
assured  me  in  the  most  explicit  manner  that  he  did  not  pretend  to  derive 
any  jurisdiction  over  our  temporal  concerns  from  that  event,  or  the 

21  Predecessor  of  Matthew  Gibson,  Northern  District. 


648  No.  150,  W.     PROPERTY  IN  ENGLAND,    1778-1806  [IV 

circumstances  which  attended  it ;  and  I  am  told  from  good  authority  that 
the  late  Bishop  Chaloner 22  made  the  same  declaration ;  and  this  declara- 
tion I  have  always  considered  as  the  sentiments  of  their  brethren  and 
successors.23  I  am  sorry  to  observe  that  recourse  has  been  had  to 
the  Congregation  de  Propaganda  Fide  on  this  subject.  By  the  oath  of 
allegiance 24  we  have  declared  in  the  clearest  terms,  that  we  do  not  admit 
in  this  kingdom  any  foreign  jurisdiction  in  temporal  concerns.  It  is 
therefore  with  great  surprise  that  I  now  find  the  authority  of  that  foreign 
tribunal  brought  to  limit  us  in  the  disposal  of  our  temporals.  I  have 
taken  the  opinion  of  a  lawyer,25  on  whose  learning,  integrity,  and 
prudence  I  can  rely  ;  and  he  assures  me  that,  if  any  person  should  have 
been  convicted  of  applying  to  that  tribunal,  or  executing  any  decree 
issued  from  thence  on  a  subject  of  this  nature,  even  when  Catholicity 
was  the  established  religion  of  this  country,  such  person  would  have  been 
liable  to  the  severest  censure  of  our  laws,  and  to  the  penalties  of  a 
praemunire. 

I  have  the  honor  to  be,  etc. 

W.  1787,  February  28. 

Bishop  T.  Talbot,  38  Feb.,  1787,  to  Strickland.    Answer  to  the  foregoing. 

.  .  .  There  is  no  reason  why  you  and  I  should  enter  into  any  con- 
troversy or  dispute.  In  your  former  letter  to  me  you  signify'd  your  own 
particular  opinion.  In  my  reply  I  thought  myself  free  to  deliver  my 
opinion,  which  did  not  coincide  with  yours ;  and,  in  order  to  back  my 
opinion,  I  gave  you  the  opinion  of  some  Ultramontans,  whose  authority 
you  reject.  I  have  not  the  least  pretensions  to  claim  any  jurisdiction 
over  you  ;  and  such  of  your  confreres,  over  whom  I  may  claim  some,  have 
not,  I  believe,  any  complaints  to  make  against  me,  and,  as  far  as  I  can 
see,  are  not  likely  to  have  any.  I  wish  to  wave  all  altercation  by 
subscribing  myself 

Your  most  ob.1  humble  serv?, 

TH.  TALBOT. 

Febr.  28,  1787. 

"-  Predecessor  of  James  Talbot,  London  District. 

23  Father  Joseph  Reeve,  in  a  pamphlet  qitoted  above  (No.  143,  note  8),  says : 
...  It  is  what  history  furnishes  us  with  many  instances  of  in  our  own  country, 
where  the  administration  of  Church  property  has  been  removed  from  one  body  of 
men  to  another.     Nor  does  the  right  of  possession  on  such  occasions  pass  into  the 
hands  of  the  Bishops  :  their  duty  is  to  superintend,  and  their  power  is  to  enforce  the 
execution  of  the  Donor's  will.     Conformably  to  this  notion,  our  Eight  Reverend 
Superiors  in  England,  who  were  charged  with  the  execution  of  the  Brief,  declared  at 
the  time,  that  in  the  management  and  administration  of  the  funds  and  monies, 
which  belonged  to  the  late  Society  in  England,  we  were  as  much  masters  as  before, 
and  should  continue  to  administer  them  in  the  same  manner.  .  .  .   (Stonyhurst 
College  Library,  P,  7J12,  No.  10;  pp.  6,  7). 

24  Supra,  P. 

25  Cf.  supra,  P,  S ;  No.  221,  B. 


§  12]  No.  150,  X-Z.     PROPERTY  IN  ENGLAND,    1778-1806  649 

X.  Undated. 

Strickland,  s.d.,  to  (Father  MarmaduJce  Stone  (?),  president  of  StonyJmrst, 
1794,  and  first  Provincial  of  the  revived  English  Province,  1803^).  Reflection 
on  the  foregoing  reply  of  Bishop  T.  Talbot. 

He  gives  a  complete  copy  of  the  entire  correspondence  (T — W),  stating 
who  the  parties  were  to  whom  he  had  written :  the  four  Vicars  Apostolic, 
Messrs.  Ja.  Talbot,  V.A.  of  the  London  District,  Th.  Talbot,  V.A.  of  the 
Midland,  Chas.  Walmesley  of  the  Western,  and  Mat.  Gibson  of  the 
Northern  District.  After  reporting  all  the  letters,  he  adds  : 

Dr.  Sir, — You  have  above  all  that  passed  between  me  and  the 
VV.AA.  on  occasion  of  Antonelli's  rescript.  In  this  last  letter,2"  the 
decree  of  the  Propaganda  dwindles  to  an  opixiion  of  some  Ultramontans, 
which  to  me  appeared  an  apology  abundantly  sufficient.  Neither  the 
decree  nor  the  Propaganda  were  ever  more  mentioned. 

Y.  (1797.) 

Bishop  Charles  Walmesley,  on  Strickland's  circular  (supra,  T) ;  as 
referred  to  by  Strickland,  in  a  letter,  s.d.,  to  Walmesley' s  successor  (Gregory 
W.  Sharrock,  O.S.B.). 

...  In  the  year  1785  [!],  on  being  informed  of  some  rumours  very 
disadvantageous  to  the  body  of  which  I  had  been  a  member,  I  wrote  a 
circular  letter  to  all  the  W.AA.,  explaining  my  own  principles  and 
those  of  my  brethren,  with  respect  to  the  temporal  concerns  of  the  late 
Society  and  the  administration  of  them.  This  letter  seemed  to  give 
satisfaction  to  the  VV.AA.,  and  in  particular  to  Mr.  Walmesley,  your 
respectable  predecessor,  who  wrote  to  me  a  very  handsome  letter  approving 
the  principles  and  mode  of  administration  adopted  by  us.  This  letter 
very  probably  he  communicated  to  you  at  the  time,  or  perhaps  it  may  be 
amongst  the  papers  left  by  him,  and  to  that  letter  I  must  refer  for  the 
general  principles  of  our  conduct.  .  .  . 

Z.  1794,  October  4. 

Strickland,  London,  4  Oct.,  1794,  to  Stone,  president  of  StonyJmrst,  in  the 
Northern  District  of  Bishop  M.  Gibson.  A  stricture. 

His  pretensions  will  be  of  the  spiritual  kind,  his  object  is  the  command 
of  the  temporals.  .  .  ,27 

2G  Supra,  W. 

'"  Father  Charles  Plowden  may  have  been  the  source  whence  the  Vicars  Apostolic, 
or  some  one  of  them,  derived  the  impression  that  the  ex-Jesiiits  were  dividing  the 
property  among  themselves,  and  disposing  of  it  as  they  chose.  During  the  whole  period 
of  the  Suppression,  he  stood  apart  from  his  brethren  in  their  organization  and 
administration,  and,  as  was  the  case  for  a  time  with  John  Carroll  in  Maryland,  was 
left  out  of  the  common  reckoning ;  since  neither  served  any  of  the  old  Jesuit  missions, 
or  chose  to  consider  himself  as  belonging  to  the  provisional  organizations  established  for 
the  continuance  of  the  old  ministry  :— 

J.  Carroll,  Maryland,  28  Feb.,  1779,  to  Charles  Plowden.  ...  No  such  division  of 
property  has  yet  taken  place  here,  as  you  mention  in  England  :  on  the  contrary, 
everything  has  hitherto  been  conducted  as  heretofore.  I  think  the  English  plan  has 

VOL.  I.  2   U 


650  No.  150,  A2.     PROPERTY  IN  ENGLAND,    1778-1806  [IV 

A2.  Undated. 

TJie  uses  of  Jesuit  property.  Memorandum  of  Father  William  Strickland. 
Abstract. 

He  analyzes  the  constitution  of  the  Society :  body  and  members ;  the 
subordinate  bodies  corporate,  some  not  having  capacity  to  possess,  as  Provinces 
and  Professed  Houses,  some  having  such  capacity,  as  Colleges. 

The  property  was  of  two  sorts  :  1.  It  consisted  of  real  or  personal 
property  ;  i.e.  of  lands  or  money,  the  rents  or  profits  of  which  were 
payable  to  the  person  or  persons  duely  authorized,  according  to  the  laws 
of  the  body,  to  receive  it  and,  when  received,  to  apply  it  to  the  different 
intentions,  to  which  it  was  limited.  2.  It  consisted  in  the  patronage  of 
the  Colleges23  and  of  the  Missions  annexed  to  the  Colleges,  and  others 
not  annexed  to  any  Colleges,  if  any  such  there  were  in  England.  The  person 
so  authorized,  during  the  existence  of  the  Society,  was  the  Provincial,  who 
nominated  to  every  place  in  the  Colleges  without  exception,  as  also  to 

too  much  of  the  frigidum  illud  verbum  [meum  et  tuuni\.  I  think  we  unfortunate 
inhabitants  of  the  foreign  houses  [Li^ge,  etc.'}  are  doomed  to  be  the  outcasts  of  every 
society.  Bobbed  and  plundered  at  Bruges,  dismissed  without  any  consideration  or 
reparation,  excluded  from  a  share  in  England,  we  must  try  if  heaven  will  not  make 
us  amends  hereafter  for  all  our  losses  here.  As  you  are  shut  out  from  a  share  in 
England,  so  am  I  here.  I  have  care  of  a  very  large  congregation ;  I  have  often  to 
ride  25  or  30  miles  to  the  sick ;  besides  which,  I  go  once  a  month  between  fifty  and 
sixty  miles  to  another  congregation  in  Virginia  ;  yet,  because  I  live  with  my  mother, 
for  whose  sake  alone  I  sacrificed  the  very  best  place  in  England,  and  told  Mr.  Lewis, 
that  I  did  not  chuse  to  be  subject  to  be  removed  from  place  to  place,  now  that  we 
had  no  longer  the  vow  of  obedience  to  entitle  us  to  the  merit  of  it,  he  did  not  chuse 
to  bear  any  part  of  my  expences.  One  would  think  that  some  paople  are  of  opinion, 
that  the  change  made  in  our  circumstances  by  Ganganelli  makes  none  in  the 
authority  they  ought  to  exercise  over  their  former  subjects.  I  do  not  mention  this 
by  way  of  complaint,  as  I  am  perfectly  easy  at  present,  and  only  mention  it  to  you 
as  a  friend,  to  whom  I  would  wish  to  communicate  everything  without  reserve.  .  .  . 
(Md.-N.  Y.  Province  Archives,  1779,  Feb.  28,  Carroll,  'Maryland,  to  C.  Plowden ; 
7  pp.  4 to ;  No.  1). 

However,  in  the  organization  of  a  Chapter,  which  Carroll  himself  so  largely  helped 
to  originate  a  few  years  later,  the  policy  which  he-  criticizes  4n  the  foregoing  letter  was 
endorsed  by  himself  with  the  rest  of  the  Chapter  (No.  147,  C,  [//.],  4?).  Moreover,  in  the 
plan  which  he  sketched  for  the  American  Chapter,  he  expressly  adduced  the  example  of 
England,  with  approbation  (No.  143,  A,  [r//.]). 

Charles  Plowden,  Litlworth  Castle,  20  Nov.,  1787,  to  Father  Newton,  Coldham  Hall, 
Bury  St.  Edmunds :  .  .  .  My  opinion  is  quite  fixed  on  the  nature  and  use  of  our 
remaining  property,  of  which,  I  thank  God,  I  have  never  received  one  farthing.  I 
am  also  convinced  that  some  of  ours,  who  presume  to  appropriate  it  to  themselves  or 
to  dispose  of  it  by  deed  to  others  (supra,  Q,  [//.],  47  (?)),  either  never  understood,  or  have 
quite  forgotten  the  obligation  of  their  vows,  which  no  Ganganelli  could,  or  indeed 
attempted  to  annul.  .  .  .  (English  Province  Archives  S.J.,  Letters  of  Fr.  Plowden, 
i.,  /.  152,  Plowden,  20  Nov.,  1787,  to  Fr.  Newton). 

Strickland  acknowledges  at  a  later  date,  that  some  mismanagement  had  operated  to 
the  prejudice  of  individuals  :— 

Strickland,  1  Mar.,  1797,  to  Rev.  Mr.  Couche,  Hants :  .  .  .  A  mistake  in  the 
meaning  of  the  First  Congress  gave  rise  to  the  ill-treatment  of  several  individuals 
for  some  time  after  the  Suppression.  At  present  I  do  not  know  any  one  that  suffers 
by  it.  Mr.  Robert  Plowden  [at  Bristol]  is  in  possession  of  one  of  the  best  places  we 
have ;  his  brother  [Father  Charles  Plowden]  is  more  amply  paid  and  better  provided 
for,  for  life  [at  Arundcll  Castle  ?~\,  than  any  Jesuit  ever  was,  or  any  ex-Jesuit 
that  I  know.  .  .  . 

28  Cf.  History,  I.  346,  note  4,  on  ideal  colleges  in  England.  Cf.  supra,  No.  6,  Z,  bis. 


§  12]  No.  150,  A.-.     PROPERTY  IN  ENGLAND,    1778-1806  651 

every  Mission.  On  the  Suppression  of  the  Society  the  power  of  the 
Provincial  also  was  suppressed.  It  was  to  remedy  this  inconvenience, 
that  certain  regulations  were  devised  in  the  First  Congress  held  by  the 
ex-Jesuits. 

The  uses  to  which  this  property  had  been  limited  were  defined  by  the  end  of 
the  Society  of  Jesus.  Finis  Societatis  Jesu  est,  non  solum  saluti  et  per- 
fectioni  propriarum  animarum  cum  divina  gratia  vacare,  sed  cum  eadem 
impense  in  salutem  et  perfectionem  proximorum  incumbere.  For  this  end 
only  the  Society  was  instituted  ;  to  this  end  each  member  dedicated 
himself  ;  to  this  end  whatever  the  Society  or  any  part  of  it  possessed 
was  irrevocably  dedicated  ;  and,  as  the  Pope's  Bull  [of  Suppression]  cou'd 
not  alter  the  uses  of  the  property,  that  property  must  remain  limited  in 
its  uses  to  the  same  original  intentions,  viz.  the  salvation  and  perfection 
of  the  members  of  the  body,  and  the  salvation  and  perfection  of  their 
neighbors. 

Beyond  this  general  limitation  in  the  use  of  temporal  means,  still  further 
limitations  necessarily  arise  from  the  end  and  nature  of  the  subordinate 
bodies  corporate,  of  which  the  Society  consisted.  The  French  provinces, 
the  Spanish,  Polish,  and  English  provinces,  were  instituted  for  the 
spiritual  good  of  those  kingdoms;  the  Colleges  and  Missions  for  the 
particular  good  of  those  provinces,  towns,  or  districts  where  they  were 
situated  ;  and  the  property,  which  those  Colleges  or  Missions  possessed, 
was  limited  in  its  uses  to  the  promoting  that  object,  for  which  those 
Colleges  or  Missions  were  originally  instituted.  .  .  .  That  this  was  the 
sense  of  the  Society  is  evident  from  this  essential  regulation  of  the  body  : 
That  a  superior  of  a  College,  tho'  rich,  cou'd  not  alienate  any  part  of  the 
property  or  revenue  of  that  College  even  to  relieve  another  in  distress ; 
and  this  rule  was  so  strict,  that  the  Constitutions  of  the  body  declared  it 
to  be  out  of  the  power  of  the  Provincial  or  even  General  to  authorize 
such  alienation  of  the  property  appertaining  to  any  College.29  Such  was 
the  sacred  regard,  which  the  Society  allways  paid  to  the  original  intentions 
of  the  founders  and  benefactors,  who  limited  the  uses  of  the  property  left 
or  given  to  a  College  to  the  uses  and  purposes,  for  which  that  College 
was  founded.  This  also  is  evidently  the  sense  of  Congress,  when  it 
declares  that  the  property  of  the  late  Society  is  of  such  a  nature,  that  it 
cannot  be  alienated  from  its  original  intentions. 

There  was  attached  a  still  further  limitation  to  the  use  of  goods,  when  e.g. 
a  particular  sum  was  given  or  left  to  the  College  for  the  maintenance  of 
a  priest  S.J.  at  Brinn,  at  Scholes,  etc.  The  emoluments  arising  from 
such  sums  cou'd  not  without  prevarication  be  apply'd  to  any  other  place. 
The  Catholics  in  the  neighborhood  of  such  places  were  beneficially 
interested  in  the  uses  of  that  money  :  to  deprive  them  of  the  advantages 
of  it  wou'd  have  been  a  flagrant  injustice. 

-°  Cf.  Nos.  143,  A,  [///.],  Carroll  on  the  General's  supermtendentia ;  203,  B,  IV., 
"First"  the  General,  Fattier  Fortis,  to  Cardinal  Fesch. 


652  No.  150,  B2,  C2.     PROPERTY  IN  ENGLAND,    1778-1806  [IV 

B2.  Undated. 

The  Temporalities  of  the  Society  after  the  Suppression.  Strick- 
land's further  definitions  of  the  origin  whence  the  Society's  property  was 
derived. 

.  .  .  Some  part  of  that  property  rose  from  moneys  sunk  at  a  higher 
or  lower  interest  for  the  lives  of  the  donors.  Some  of  these  were  secular 
persons,  who  generally  had  annuity  bonds  as  a  security  for  their  annuities, 
signed  by  the  Superior  of  the  Society  at  the  time  being,  and  also  by  the 
procurator  or  administrator  of  the  property.  Concerning  the  obligation 
of  fulfilling  these  obligations  there  can  be  no  doubt.  Some  also  were 
members  of  the  Society,  who  at  their  renunciation,  before  they  made 
their  last  vows,30  gave  to  certain  Colleges,  or  to  the  Provincial  for  the 
Mission  at  large,  what  property  they  were  possessed  of  or  were  entitled 
to.31  To  these  there  was  usually  allowed  a  certain  annual  sum32  in 
proportion  to  the  sum  which  they  had  given.  How  far  there  might  be 
a  strict  obligation  of  continuing  these  annual  allowances,  I  will  not 
strictly  examine.  That  it  wou'd  have  been  very  ungenerous  to  have 
refused  them,  if  the  property  left  after  the  general  plunder  was  sufficient 
to  pay  them,  I  believe  will  be  universally  granted.  The  remaining  part 
of  the  property  was  acquired  by  the  donations  of  friends,  without  any 
other  particular  limitations  than  the  good  of  the  Mission,  but  principally 
by  the  death  of  our  missioners ;  and  this  of  course  fell  to  the  use  of  the 
College,  district,  or  mission  where  the  person  died,  or  rather  to  which  he 
belonged  at  the  time  of  his  death. 

C2.  1794,  September  29. 

Strickland,  29  Sept.,  1794.  A  (circular?)  letter  on  the  safe  means  of 
devising. 

.  .  .  After  much  consideration  and  some  conversation  with  gentlemen 
of  the  law,  I  am  clearly  of  opinion  that  property  in  trust  (as  ours  is) 
cannot  safely  be  devised  by  will.  It  would  fall  under  the  enactments 
regarding  superstitious  uses,  and  would  devolve  to  the  heirs  at  law.  A  sum 
of  £400  has  already  been  lost  this  way.  To  obviate  this  inconvenience,  I 
am  told  by  the  Gents  of  the  law  that  the  best  and  perhaps  the  only 
method  is  that,  which  we  formerly  conversed  upon  :  viz.  to  settle  the 
property  on  three  or  more  trustees,  during  their  lives,  with  reversion  to 
the  survivors.  By  this  means  the  trustees  will  have  no  more  than  a 
life-interest  in  the  property,  and  consequently  the  executor  of  the  trustee 
may  safely  swear  that  he  inherits  no  property  designed  for  superstitious 
uses  by  the  will  of  the  deceased. 

30  Cf.  No.  50. 

31  Cf.  No.  67. 

32  According   to  the  Constitutions    S.J.,  this  went  to  the  account  of  the  college, 
house,  or  mission  to  which  such  persons  were  attached. 


§  12]  No,  150,  D-.     PROPERTY  IN  ENGLAND,   1778-1806  653 

D2.  1798,  December  28  ;  1800,  February  6. 

Strickland,  28  Dec.,  1 798,  6  Feb.,  1800,  to  Father  John  douche,  Hants. 
Means  of  assuring  the  permanent  application  of  Jesuit  property  to  its  uses, 
after  the  Suppression.  Strickland's  alternatives. 

28  Dec.,  1798.  .  .  .  The  Society  was  a  body  ecclesiastical:  it  was 
also  civil  in  those  countries  where  it  was  established  by  the  civil  power. 
The  latter  [form  of  organic  existence]  cannot  be  thought  of  in  this 
country.  I  believe  the  former  or  ecclesiastical  body  to  be  equally 
impossible,  if  any  other,  distinct  from  the  Academy  instituted  by  the 
present  Pope  at  Liege,  be  attempted.  Any  effort  to  organize  under  the 
sanction  of  the  Vicars  Apostolic,  is  not  only  beyond  the  powers  at  present 
committed  to  them,  but  wou'd  prove  the  ruin  of  Stonyhurst 83  and  involve  the 
surviving  members  in  difficulties,  from  which  they  cou'd  not  extricate 
themselves.  Strickland  enlarges  on  this  point.  A  union  with  Stonyhurst, 
under  its  president,  had  not  been  objected  to  by  the  Districts,  but  neither  had 
it  been  carried  into  effect.  Strickland  advocates  this  method. 

6  Feb.,  1800.  All  have  agreed  that  the  property  of  the  Colleges  and  of 
the  Missions  fell  or  devolved  to  the  individuals  of  the  Colleges  in  their 
individual  capacities,  who,  before  that  epoch,  possessed  that  property  in 
their  corporate  capacity,  and  that  thus  the  property  had  not  been  transferred, 
nor  its  uses  altered  ;  but  this  principle  accepted  by  all  has  been  so  variously 
understood  and  interpreted  by  the  different  Districts,  that  I  do  not  know 
two  who  follow  the  same  practice  in  the  administration  of  their  property. 
Hence  the  question  about  a  competent  authority  to  supervise. 

The  plan  of  appointing  a  Superior  under  the  title  of  Provincial  or  any 
other,  without  the  sanction  of  superior  powers,  civil  or  ecclesiastical, 
appears  to  me  totally  impracticable,  and  such  sanction  in  the  present 
circumstances  it  is  most  evident  cannot  be  obtained.  .  .  . 

33  The  Academy  of  Liege,  transferred  to  Stonyhurst,  had  been  recognized  by 
Pius  VI.,  1778,  in  the  Brief,  Catholic!  Praesules,  answering  the  petition  of  the  Prince 
BisJiop  of  Liege ;  and,  under  the  autJwrity  of  that  prelate,  this  offshoot  of  the  original 
Jesuit  Mission,  novum  instituti  genus,  and  veluti  quaedam  propago  primaevae 
missionis,  was  enabled  to  send  its  priests  into  England,  who,  while  there,  were  subject 
to  the  ordinary  jurisdiction  of  the  Vicars  Apostolic,  but  in  the  mean  time  remained 
under  the  authority  of  their  own  Director  (president)  elected  by  the  chief  members 
among  themselves  (Stonyhurst  MSS.  A,  ii.  29,  Bruges,  Liege,  Stonyhurst  MSS. 
Varia,  No.  10 ;  a  Strickland  document,  containing  a  copy  of  the  Brief.  Cf.  Juris 
Pontificii  de  Propaganda  Fide  Pars  Prima  (B.  de  Martinis),  iv.  238-242  ;  the  Brief, 
Catholici  Praesules,  17  Kal.  oct.,  1778).  This  status  was  confirmed  for  Stonyhurst 
by  the  same  Pontiff,  Pius  VI.,  and  communication  of  the  Pope's  approbation  was 
conveyed  in  a  letter,  14  Feb.,  1796,  signed  by  tlie  Prefect  of  tlie  Propaganda,  Card. 
Gerdil,  and  by  the  Secretary  :  previous  rights  and  privileges  being  approved,  as  well  as 
the  method  of  studies,  and  the  jurisdiction  of  the  president  for  the  time  being,  according 
to  the  tenor  of  tlie  Brief,  Catholici  Praesules  ;  fit  subjects  to  be  ordained  and  required 
to  serve  either  in  the  institution  itself,  or  in  the  English  Mission ;  all  this  with  the 
faculties  and  rights  which  other  pontifical  or  episcopal  seminaries  in  the  same  Mission 
enjoy.  There  is  no  mention  in  tlie  document  of  any  prelate  being  designated  to  take 
the  place  occupied  by  the  Prince  Bishop  of  Liege  over  the  institution.  (General 
Archives  S.J.,  Angl.  1,  pars  1,  i.,  Belatis  per  B.  P.  D.  Archiepiscopum  Nisibenum, 
S.  C.  de  Propaganda  Fide  secretariuui  .  .  . ;  a  copy.)  Cf.  No.  220,  note  14. 


654  ATo.  150,  E-.     PROPERTY  IN  ENGLAND,    1778-1806  [IV 

JJ2.  Undated. 

Solution  of  a  Case  on  dividing  the  property  of  the  extinct  Province.3* 
Letter,  not  in  Strickland's  hand,  without  date,  place,  or  signature. 

To  Mr.  Wm.  Warrilow,  at  the  Close,  Newcastle  upon  Tyne. 

1?  The  ancient  funds  you  mention,  and  the  additional  increase 
accruing  by  degrees  thereto  by  the  death  and  the  administration  of  our 
gentlemen,  are  of  one  and  the  same  nature,  and  must  be  considered 
under  the  same  view.  The  design  or  intention  was  ever  the  same  in 
those  who  raised  or  contributed  to  the  funds,  and  entails  the  same 
obligation. 

2?  We  need  not  dispute  about  the  Dominium.  Were  we  totally 
destroyed,  laid  aside  and  not  permitted  to  act,  'tis  plain  the  Dominium 
would  be  in  the  Church  as  in  all  other  pious  foundations;  and  the 
disbanded  individuals  would  have  a  natural  right  to  a  maintenance  ;  but 
then  the  funds  cd.  not  be  destroyed.  In  this  supposition  of  a  total 
destruction,  'tis  nonsense  to  pretend  that  the  individuals  cd.  have  the 
Dominium  w*  they  even  had  not  before,  and  which  destruction  cl!  not 


give. 


3°  In  the  present  juncture,  the  funds  are  actually  left  by  ecclesiastical 
power  to  be  administred  as  they  used  to  be.  Perticulars  therefore  are 
now  constituted  administrators,  and  these  administrators  must  take  care 
of  individuals  proportionately  to  their  wants  as  formerly  ;  and,  in  quality 
of  administrators,  they  do  wrong  and  really  dissipate  the  funds,  instead 
of  increasing  'em  as  they  ought  to  do  when  able,  if  they  give  to  individuals, 
who  are  not  in  want,  and  who  have  nothing  like  a  title  of  Dominium,  but 
only  a  claim  to  a  maintenance  when  in  need.  Hence  yr.  3  Cases  are 
easily  answerd. 

(1?)  Titius  very  foolishly  demands  his  share  of  w!  nowise  belongs  to 
him.  'Tis  nonsense  to  demand  a  share  or  dividend  in  a  thing,  wc.h  can't 
be  shared  or  divided ;  and  such  a  thing  the  funds  are.  While  Titius  does 
service,  he  must  be  taken  care  of;  if  he  retire  and  refuse  to  render 
service,  he  can  have  no  right,05  unless  perhaps  he  gave  something  to  the 
So1)' ;  in  wr!'  case,  due  regard  must  be  had  to  equity.  This  case  demands 
consideration.  W!  was  thus  given  may  perhaps  be  considered  his 
patrimony,  or  some  part  of  w*  he  gave  may  be  called  so. 

(2")  Titius  can't  dispose  of  by  will  wt  never  belonged  to  him. 

(3°)  If  Titius  die  intestate,  his  heirs  have  nothing  to  say  to  a  dividend 
w1'!'  never  was,  or  cl!  be  made. 

N.B.  In  the  absurd  hypothesis  of  a  division  of  the  effects  belonging 
formerly  to  the  Province,  every  one  of  the  s*  Province  in  Eng1!,  on  this 
side  and  elsewhere,  down  to  the  lay-Brs.  w(!  have  an  equal  right.  Is  it 

34  This  was  part  of  the  issue  opened  by  John  Ashton,  in  favour  of  Maryland.  The 
letter  contains  also  an  answer  to  the  criticisms  of  John  Carroll  and  C.  Ploivden,  as 
above  (Z,  note  27). 

»  C/.  NOR.  143,  A,  [Yi.it,  7}?\  146,  H,  16? 


§  12]  No.  150,  F*.     PROPERTY  IN  ENGLAND,    1778-1806  655 

not  a  shame  that  the  eleves  of  the  So1?1,  some  even  of  learning,  s'!  think  so 
much  out  of  the  way  1     [Finis.] 

F2.  1806,  November  13. 

Strickland,  13  Nov.,  1806,  to  Father  M.  Stone,  at  Stonyhurst.  State  of 
the  Office  or  General  Fund,  at  the  date  of  Suppression.36 

.  .  .  Before  I  close  I  must  take  notice  of  one  article,  to  wh.  Mr. 
Robert  Plowden  seems  to  allude,  i.e.  the  property  of  Office  or  of  the 
Mission  at  large.  This  property  was  absolutely  none  at  all.  The  debts 
incurred  by  La  Valette's  bankruptcy  were  not  all  paid,  when  I  came  into 
Office.  I  paid  myself  some  thousands :  indeed,  I  paid  all  that  was  owing 
to  externs  ;  and,  if  every  shilling  now  remaining  in  Office  was  sold  to-day, 
it  wou'd  not  pay  the  debts  it  owes,  by  some  thousands.  I  wou'd  not  wish 
you  to  make  this  publick.  Some  Districts  might  be  alarmed  and  give  a 
good  deal  of  trouble ;  w!1  they  will  not  do  as  long  as  their  interest  is 
paid.  .  ,37 

Stonyhurst  MSS.,  B,  i.  15.  Father  Tliomas  Glover's  Collection  of  Notes, 
Documents,  etc.,  respecting  the  Re-establishment  of  the  English  Province,  ad 
init. :  First  Act  of  Parliament  for  the  Belief  of  the  Catholics,  1778 ;  Brief  of 
Pius  VI.,  on  Liege  Academy,  1778 ;  Rescript  of  the  Propaganda,  on  the  property 

30  This  was  the  fund  that  Ashton  claimed  for  division  with  Maryland.  Cf.  supra, 
Q,  [/.],  Acts  of  the  First  Congress,  2  May,  1776. 

37  Several  documents  relating  to  the  same  question  were  used,  nearly  a  hundred 
years  later,  in  a  Canadian  issue  between  the  Jesuits  and  members  of  the  hierarchy  ;  the 
question  of  the  property  anciently  possessed  by  the  Fathers  in  Canada  being  akin  to 
that  of  the  property  in  England,  owned  by  the  former  English  Province. 

Mdmoire  sur  les  Biens  des  Jesuites  en  Canada,  par  un  Jesuite ;  Montreal,  1874, 
pp.  80,  81 ;  Pieces  Justificatives,  I. :  Encyclica  missa  ad  omnes  episcopos  a  Con- 
gregatioue  [de  Propaganda  Fide~\  supradlcta,  de  abolenda  Societate  Jesu,  simul 
mittendo  ad  unumquemque  episcopuni  exemplar  Brevis  extinctionis  Dominus  ac 
Redemptor,  de  mandato  Sanctissimi,  ut  illud  Breve  omnes  episcopi  publicent  ac 
promulgent,  etc.  Cf.  No.  141,  p.  605. 

Ibid.,  12,  En  Angleterre,  pp.  74,  75.  This  passage,  translated  into  English,  is 
qiioted  in  a  later  publication,  viz.  :— 

The  Gazette  and  Mail's  Campaign  against  the  Jesuits'  Estates  Bill  (1888),  by 
A.  E.  Jones,  S.J.,  Montreal,  1S89,  p.  85  :  .  .  .  In  1803,  the  Fathers  of  Stonyhurst 
College  were  affiliated  to  those  of  Russia.  They  educated  younger  members  to 
replace  the  superannuated,  who  had  until  then  retained  their  posts  in  their  original 
missions.  On  the  occasion  of  a  misunderstanding  between  some  English  ecclesiastics 
and  the  Jesuits  of  the  College,  Cardinal  Litta,  Prefect  of  Propaganda,  wrote  to  Mgr. 
Gibson,  Vicar  Apostolic  of  the  Northern  District,  that  he  should  bear  in  mind  the 
22nd.  rule  laid  down  by  Benedict  XIV.,  anent  the  English  Mission.  The  terms  are 
as  follows  :  "  Let  no  change  be  made  in  the  matter  of  foundations,  and  let  both  the 
secular  and  regular  clergy  remain  in  possession  of  what  they  actually  hold."  The 
letter  of  Card.  Litta  referred  to  was  dated  21  Nov.,  1818.  Cf.  No.  220,  p.  1141. 

Father  Charles  Plowden  stated  more  comprehensively  (1792)  :  All  their  missionary 
settlements  are  foundations,  either  erected  by  the  private  fortunes  of  their 
predecessors  ;  or  of  which  the  right  and  property  have  been  made  over  to  them  with 
the  jus  patronatusby  the  pious  lay  founders,  in  the  possession  and  enjoyment  of 
which  the  Sovereign  Pontiff  has  pronounced  that  they  are  not  to  be  molested  :  De 
fundationibus  nihil  ornnino  innovetur ;  sed  tarn  saeculares,  quam  regulares,  in  earum 
possessione  perseverent,  quas  in  praesentiarum  obtinent.  Reg.  22  Missiouis 
Anglicanae,  prescribed  by  Benedict  XIV.,  an.  1753.  (English  Province  Archives  S.J., 
MSS.  in.,  Ex-Jesuits,  etc.,  Restoration,  etc.,  /.  134 :  C.  Plowden,  General  Account 
of  the  Origin,  Progress,  and  Present  State  of  the  Jesuits'  Missions  in  England,  a 
memoir  written  soon  after  1791.) 


656      No.  150,  G2,  H2.     RELATIONS    WITH  ENGLAND,    1784-1790       [IV 

of  the  English  ex-Jesuits,  15  July,  1786.  Ibid.,  MSS.  Varia,  A.  ii.  21,  No.  82, 
letter,  s.d.,  etc.,  to  Father  W.  Warriloio. — English  Province  Archives  S.J,, 
MSS.  i.,  Ex-Jesuits,  Society  in  Russia,  Liege  Academy,  etc.,  ff.  1,  seq.  Acts  of 
the  First  Congress,  with  introduction  by  Father  Joseph  Reeve.  Ibid.,  ii.,  ad 
init. :  Acts  of  the  First  and  of  the  Second  Congress ;  copy  of  the  latter  in 
Strickland's  hand.  Ibid.,  f.  235,  rescript  of  the  Propaganda,  15  July,  1786. 
Ibid.,f.  238,  opinion  of  C.  Butler  on  the  rescript ;  a  copy  by  Strickland.  Ibid., 
ff.  131-134,  Strickland's  note-book  :  correspondence,  22  Jan.-28  Feb.,  1787,  with 
Bishop  T.  Talbot.  Ibid.,  f.  177,  Strickland,  s.d.,  to  (Bishop  Sharrock).  Ibid., 
f.  245,  Strickland,  s.d.,  to  (Stone),  on  his  correspondence  with  the  Vicars  Apostolic. 
Ibid.,  ff.  240,  241,  Strickland,  on  uses  of  Jesuit  property ;  memorandum,  s.d. 
Ibid.,/.  232"-233,  Strickland,  on  The  Temporalities  of  the  Society  after  the 
Suppression ;  memorandum,  s.d. — Ibid.,  Father  Strickland's  Letters,  ff.  57,  58, 
circular,  16  Jan.,  1787,  to  the  Vicars  Apostolic.  Ibid.,  f.  45,  Strickland 
(circular?),  29  Sept.,  1794,  on  the  safe  means  of  devising.  Ibid.,f.  48,  Strick- 
land, 4  Oct.,  1794,  to  Stone.  Ibid.,  ff.  79,  80,  Strickland,  28  Dec.,  1798,  to 
Father  John  Couche.  Ibid.,  f.  63,  Strickland,  6  Feb.,  1800,  to  Couche.  Ibid., 
f.  188,  Strickland,  13  Nov.,  1806,  to  Stone.— Cf.  C.  Butler,  Historical  Memoirs 
of  the  English,  Irish,  and  Scottish  Catholics  since  the  Reformation,  IV.  Ixxxii. 
8,  pp.  45-47  :  the  oath  prescribed  for  Catholics  in  the  Act  of  Belief,  1791. 

Father  John  Ashton,  in  a  correspondence  with  the  temporal  agents  or 
procurators,  Fathers  Thomas  Talbot  and  Strickland,  entered  into 
a  discussion  on  the  English  ex- Jesuit  property  and  rights,  main- 
taining that  the  measures  taken,  and  the  exclusive  proprietorship 
retained  by  the  Fathers  in  England,  did  prejudice  to  the  Mary- 
land ex-Jesuits,  who  ought  to  have  a  share.  Cf.  supra,  No. 
150,  D  :  London  Debts. 

G2.  1784,  April  25. 

Father  Thomas  Talbot,  25  Apr.,  1784,  to  Father  John  Lewis,  late 
Superior  of  the  extinct  Maryland  Mission  S.J.  Quoted  in  the  letter  follow- 
ing, H2. 

The  American  Mission  stands  indebted  to  the  English  Province  in  the  sum 
of  £2,451.0.51-. 

H'2.  1785,  December  28. 

Ashton,  White  Marsh,  28  Dec.,  1 785,  to  Talbot.     Exceptions. 

He  refers  to  the  foregoing  account.  He  says  he  ivill  examine  the  booJcs  of 
Father  George  Hunter,  former  Superior  of  the  American  Mission. 

He  then  inquires  as  to  the  amount  of  the  capital  of  the  Province  stock,"8 
and  what  proportion  we  bear  in  the  dividend  to  be  made  of  it.  Since  he 
finds  no  mention  of  this  credit  in  Talbot' s  letter  to  Mr.  Lewis,  he  is  led  to 
think  that  the  gentlemen  of  the  London  Congress  would  have  all  our  share 
forfeited  by  the  dissolution  of  the  Society,  and  every  united  body  to 
remain  intitled  from  justice  to  all  that  they  were  possessed  of  at  that 
period.  If  so,  our  accounts  are  already  settled  without  further  trouble. 

38  The  entire  siipposition  of  the  folloiving  contention  about  a  Province  stock  is  mis- 
taken, if  the  term  means  property  vested  in  the  extinct  Province  as  such,  and  not  merely 
administered  by  the  Provincial.  A  Province  had  no  capacity  to  possess.  Cf.  supra,  A". 
As  administered  by  the  authority  in  charge  of  the  Province,  it  was  subject  to  the 
limitations  of  its  own  uses. 


§  12]        No.   150,  H"-.     RELATIONS    WITH  ENGLAND,    1784-1790          657 

Then  there  was  the  Sir  John  James  foundation,  for  the  support  of  the 
missions  in  Pennsylvania,  which  were  conducted  by  German  Fathers.  Mr. 
Hunter  assumed  the  payment  of  the  Germans  here,  during  Mrs.  White's 
natural  life.39  Ashton  insists  that  the  capital  appropriated  to  that  sacred 
use  must  remain  untouched,  as  neither  Mr.  Hunter,  Mr.  Corbey,40  or  any 
of  their  successors,  had  any  manner  of  right  to  alter  either  the  substance 
or  the  manner  of  the  founder's  intentions.  No  personal  security  or 
assumption  can  be  equal  to  the  original  foundation,  which  we  shall  insist 
on  to  continue,  in  statu  quo.  I  should  be  glad  you  would  inform  me 
where  Sir  J.  James'  fund  lies,  as  it  would  be  proper  that  I  should  be 
acquainted  with  the  nature  of  the  business  in  time,  and  before  Mrs. 
White's  death.  Ashton  is  surprised  that  Messrs.  Pellentz  and  Ghisler's 
bills  on  Mr.  More 41  should  come  back  protested,  and  in  such  manner  as 
to  give  reason  to  think  that  he  held  us  here  in  contempt.  These  German 
bills  had  been  paid  till  then,42  and  no  notice  sent  to  them  of  an  intended 
discontinuance.  I  believe  no  circumstance,  since  the  settlement  of  this 
Mission,  ever  gave  so  much  dissatisfaction  to  the  gentlemen,  on  this  side 
of  the  Atlantic,  or  could  have  rendered  us  so  indifferent  to  all  connection 
with  you.  I  cannot  see  how  it  can  be  excused,  unless  the  intestine 
divisions  amongst  yourselves  took  up  all  your  thoughts.  Ashton  says,  he 
finds  no  notice  taken  in  all  your  credits  of  the  German  salaries,  since  the 
payment  has  been  discontinued,  as  if  the  bills  had  been  duly  honoured,  or 
the  property  was  your  own  .  .  .  Mr.  Hunter  should  have  been  made 
debtor  for  Mrs.  White's  salary,  but  the  bills  should  have  been  paid.  .  .  . 
However,  as  long  as  they  will  be  content,  I  am  willing  to  pay  their  salary 
here,  and  to  let  you  have  the  annual  income  of  Sir  J.  James'  foundation 
during  Mrs.  White's  natural  life.  Mr.  Corbie  became  Mr.  Hunter's 
security  at  his  own  risque,  and  Mr.  Hunter  had  no  right  to  contract  such 
a  debt,  not  having  the  consent  of  the  Germans  nor  of  the  Superior  of  these 
Missions  living  here.43 

39  Cf.  Nos.  54 ;  56,  [12]  ;  90,  6? ;  110,  B,  note  4 ;  150,  K.     Ashtoris  statement  is 
inaccurate.     The  payment  of  the  White  annuity  was  only  an  incidental  item  in  the 
general  agreement,  according  to  which  the  German  annuity  was  provided  by  the  Mary- 
land Mission,  in  partial  liquidation  of  debts  due  to  the  English  Province.     The  terms 
of  this  close  settlement,  as  given  in  Nos.  56,  90,  may  be  accounted  for  by  the  following 
excerpt  for  11  Sept.,  1761,  from  Anglo-Boman  correspondence   S.J. :   Mr.  Corbie's 
outgoings  exceed  his  incomes  by  above  £1000  p.  ann.     How  long,  pray,  can  he  go  on 
at  this  rate,  and  w[  will  become  of  his  family  ?    He  makes  his  Procr  heart  bleed  to 
think  of  it.    11  Spt.  1761.     P.  [initial  of  writer's  name'].    (English  Province  Archives, 
Extracts  by  Fr.  John  Thorpe  from  letters  of  Provincials,  etc.,  to  Rome,  1707-1730 ;  a 
collection  of  sheets  referred  by  H.  Folcy  to  J.  Thorpe.) 

40  Former  Provincial. 

41  Late  Provincial  of  the  extinct  English  Province. 

42  By  the  American  Superior.     Cf.  No.  70,  B,  p.  263,  the.  payment  made  only  ten 
years  earlier,  1  Mar.,  1775,  by  Father  John  Lewis  acting  after  the  date  of  the  Suppression. 
It  is  an  entry  among  the  accounts  o/RI  M'  Lewis  Di. 

43  Ashton  does  not  seem  to  knoiv  that  Father  Hunter  was  himself  Superior  of  the 
American    Mission,  and    the    only  authorized  administrator  of  its  property.     The 
consent iof  the  Germans  is  a  phrase  without  meaning,  for  the  time  when  the  Society 
existed  (and  administered  its  funds  according  to  their  proper  itses.     Besides,  the  Sir 


658       No.  150,  J-,  K2.     RELATIONS    WITH  ENGLAND,    1784-1790        [IV 

J2.  [1786.] 

Father  William  Strickland :  memorandum  on  the  foregoing. 

Strickland,  now  in  charge  of  the  London  Office,  observes  in  a  memorandum 
that  Mrs.  White's  annuity  had  been  regularly  charged  to  Maryland,  since  that 
colony  and  Pennsylvania  formed  but  one  interest.  By  this  means  the  debt 
of  Maryland,  which  stands  in  Mr.  Talbot's  book  at  £2,445.15.5^,  will  be 
reduced  by  the  credit  of  Pensilvania  to  the  sum  of  £1413.13.8^.  But 
then  how  does  it  happen  that  this  same  annuity  is  charged  over  again  to 
Office?  Two  hundreds  a  year  are  thus  charged  for  the  payment  of  one. 
If  it  was  judged  expedient  to  bring  that  annuity  with  others  on  the  face 
of  public  accounts,  the  credit  also  of  Pensilvania  shou'd  be  brought  there 
likewise ;  without  w!1  there  will  be  a  double  charge. 

K2.  1786,  September  13. 

Ashton,  13  Sept.,  1786,  to  Strickland.      Criticisms;  academy  business. 

Acknowledging  the  receipt  of  Strickland's  favour,  dated  22  Apr.,  1786, 
Ashton  inveighs  against  ichat  he  considers  to  have  been  arbitrary  proceedings 
on  the  part  of  Mr.  Hunter  and  Mr.  Corbie.  He  complains  that  Hunter's 
arrangement  with  Corbie  44  teas,  I  believe,  a  perfect  secret  from  the  rest  of 
the  missioners.  Such  arbitrary  proceedings,  without  advice  of  counsel, 
were  the  greatest  stains,  in  my  judgement,  of  the  former  Society,  and 
rendered  its  government  oppressive  and  painful.45  I  am  convinced  that, 
if  St  Ignatius  were  alive,  and  had  been  informed  of  such  a  contract,  he 
would  have  declared  it  null,  and  perhaps  displaced  the  parties.  ...  I  am 
of  opinion  that  it  is  out  of  the  power  of  man  to  apply  this  foundation  to 
any  other  purpose,  or  to  alter  the  securities,  tho'  but  for  a  limited  time. 
All  that  he  can  find  bearing  on  the  subject  is  a  short  Memm,  in  Mr.  Mosley's 
hands,  of  the  contract  between  himself  [Hunter  ?~\  and  Mr.  Corbie.  .  .  . 
Since  the  Bp.  of  London  is  one  of  the  trustees,46  I  will  write  to  him  con- 
cerning it. 

Ashton  treats  another  subject  in  a  spirit  of  amity :  I  will  give  every 
encouragement  in  my  power  to  disposed  people  to  send  their  children  to 
the  Liege  Academy,  on  the  terms  you  propose  ;  but,  as  we  are  about  to 
institute  a  school  in  this  State,  for  the  education  of  youth  and  perpetuity 
of  the  body  of  Clergy  here,  it  may  suit  parents  better  to  have  their  children 
brought  up  nearer  to  them,  tho'  their  education  may  not  at  first  be  so 
perfect  as  what  they  would  get  abroad.  Would  you  for  £200  sterf,  one 
half  advanced  in  hand,  the  other  half  at  the  expiration  of  six  years, 
undertake  to  carry  a  boy  through  all  his  studies,  and  qualify  him  for  the 

John  James  foundation  ivas  for  the  Jesuits  for  the  Missioners  in  Pensilvania,  outside 
of  Philadelphia.  It  happened  that  these  missionaries  and  their  missions  were  German. 
But  no  such  limitation  in  point  of  nationality  appears  in  Challoncr's  statement  of  the 
bequest  made  to  the  Jesuits.  See  supra,  No.  70. 

44  The  former,  Maryland  Superior ;  the  latter,  English  Provincial. 

45  Cf.  No.  143,  A,  [///.],  Carroll's  contradictory  opinion. 
40  Cf.  No.  70. 


§  12]       No.  150,  Lr,  M:.     RELATIONS    WITH  ENGLAND,    1784-1790     659 

Mission  ?  I  mention  this,  because  it  may  suit  some  people  while  they 
have  the  money  by  them  ;  whereas,  before  the  boy  could  get  through  his 
studies,  by  some  turn  of  fortune  or  change  of  mind,  the  end  might  be 
frustrated.  .  .  . 

L2.  1787,  January  10. 

Ashton,  10  Jan.,  1787,  to  Strickland.     On  Messrs.  Boone  and  Doyne. 

...  I  am  further  directed  \lnj  the  representative  body  of  Clergy]  to 
inform  you,  that  Messrs.  John  Boone  and  Jos.  Doyne,  being  members  of 
your  body  of  Clergy,  and  having  come  into  this  country  unsent  for,47  and 
not  proving  qualified  for  the  service  of  this  Mission,  nor  being  admitted 
into  our  body,  are  to  be  considered  as  on  yf  establishment,  and  to  be 
provided  for  by  yourselves,  like  other  burdensome  members,  if  not  recalled. 
We  provide  for  our  own  infirm  members,  but  do  not  undertake  to 
p[rovide]  for  any  of  yours,  who  may  think  proper  to  throw  themselves  on 
us.  .  .  .* 

M2.  (1787,  March  15.) 

Strickland:  To  Mr.  Ashton,  Maryland,  in  answer  to  several  of  his, 
s.d.  Answer  to  Mr.  Ashton's  of  Jan.  10,  sent  March  15th,  s.d.  Two 
memoranda. 

In  the  former,  Strickland  quotes  the  passages  from  Ashton's  letter  of 
18  Sept.,  (K2),  in  which  former  Superiors  were  aspersed  as  having  altered  the 
foundations  made  by  benefactors,  and  the  Society  as  having  governed  its 
members  painfully  and  oppressively.  Then  Tie  continues :  In  consequence, 
you  wrote  a  letter  to  the  Bishop,41'  and  the  letter  came  to  my  hands.  I 
did  not  open  or  read  the  letter ;  but,  as  I  had  reason  to  suppose  that  it 
contained  your  sentiments  on  the  business,  which  are  very  clearly  and 
distinctly  expressed  in  the  passages  above  cited  from  your  letter  of  the 
13th.  Sep.,  I  did  not  think  it  prudent  to  deliver  it  to  his  Ldp.,  but  have 
since  consigned  it  to  the  flames. — The  alienation  of  a  sacred  fund  is  a 
heavy  accusation  :  this  accusation  is  carried  to  the  tribunal  of  a  judge  (the 
B.  of  London),  who  has  on  all  occasions  manifested  a  decided  partiality 
against  the  Society  and  its  members  :  it  is  carried  by  you  a  member  of 
that  Society,  and  such  only  could  obtain  credit  for  so  heinous  a  crime.  It 
is  carried  by  you  against  the  late  Society,  and  against  us  its  surviving 
members,  at  the  very  instant  that  we  are  straining  every  nerve  and  even 
distressing  ourselves  to  assist  you. 

In  the  latter  memorandum,  he  says,  that  no  new  reasons  have  been  given 
to  invalidate  the  contract  between  Fathers  Corbie  and  Hunter ;  which  must 
stand  as  made. 

They  were  Americans,  of  Maryland. 

48  This  was  a  strict  but  Jtarsh  application  of  the  principles  adopted,  regarding  service, 
rendered  on  the  American  Mission.    Cf.  No.  147,  G.   However,  we  find  John  Boone  and 
Doyne  duly  recognized  as  members  of  the  select  Body  of  Clergy  (25  Feb.,  1794).     See 
No.  172,  A,  2". ;  cf.  also  Nos.  155,  C  ;  176,  J. 

49  Rt.  Rev.  James  Talbot,  Vicar  Apostolic  of  the  London  District. 


660          No.  150,  N2.     RELATIONS    WITH  ENGLAND,    1784-1790  [IV 

N2.  1787,  April  15. 

Asliton,  15  Apr.,  1787,  to  Strickland.  On  the  proposal,  communicated  by 
Strickland,  from  a  German  secular  priest,  the  Rev.  Mr.  Erntzen,  to  provide 
some  candidates  for  the  American  Mission. 

Ashton  says  that  he  has  the  approval  of  Mr.  Carroll,  now  confirming  in 
Pennsylvania,  and  lie  is  anxious  that  Strickland  should  close  at  once  with  the 
offer,  not  gratis,  but  on  the  credit  of  the  money  now  at  yr.  disposal,  and 
hereafter  to  be  placed  in  y1-  hands,  for  that  and  other  purposes.  I  am 
thus  hasty,  because  I  know  they  should  be  at  Liege  by  the  1st.  of  Oct.,  to 
take  their  lessons  in  divinity.  The  further  advanced  they  are  in  divinity, 
the  better ;  that  is,  coeteris  paribus,  as  health,  temper  and  abilities. 
Please  therefore  to  inform  Father  Erntzen,50  that  we  will  accept  of 
four,  the  most  promising  he  can  find,  and  pay  for  their  education  at 
Liege,  for  the  purpose  of  serving  this  Mission.  Tho'  I  think  the  pension 
of  25  guineas  much  higher  than  would  be  required  in  many  ecclesiastical 
seminaries,  yet  on  the  whole  I  prefer  Liege,  because  we  know  that  they 
will  there  receive  the  same  principles  of  theology  and  habits  of  virtue,  in 
which  the  members  of  the  Society  were  trained,  and  they  will  have  the 
advantage  of  learning  the  English  language,  to  which  a  due  attendance 
must  be  paid,  as  they  may  be  employed  in  places  where  no  other  language 
will  be  of  any  use  to  them.  Ashton  desires  to  learn  all  particulars  regard- 
ing the  chosen  candidates  ;  and  he  adds :  I  think  that,  when  you  can  form 
a  judgment  of  their  qualifications,  they  should  be  bound  by  oath  to  come 
over  to  America,  as  soon  as  they  are  sent  for  after  ordination,  and  be 
subject  to  the  Superior  of  the  country,  and  to  the  regulations  of  the 
Clergy  thereof,  for  life. 

Ashton  refers  to  the  case  of  some  Americans,  probably  students  at  Liege  : 
The  case  of  the  four  Marylandians 51  you  mention  is  strange  enough ;  I 

50  Cf.  Nos.  108,  p.  353 ;  163,  A  ;  172,  A,  2»    Cf.  note  here  folloiuing. 

51  Who  these  four  Marylandians  were  does  not  distinctly  appear.    But  the  following 
items  contain  data  enough  for  this  point  and  many  others. 

Strickland,  draft  in  French  of  a  letter  to  the  General  in  Russia  :  "  The  Society 
ordinarily  furnished  more  than  the  third  part  of  the  missionaries  in  this  Protestant 
kingdom  [of  England],  that  is  to  say,  five  or  six  a  year.  .  .  .  We  had  also  a  Mission 
in  Mary  land,  province  of  North  America,  where  we  had  nearly  twenty  missionaries.  .  .  . 
As  to  the  American  Mission,  we  have  contributed  to  it  as  much  as  we  could,  sending 
thither  seven  or  eight  missionaries  since  the  Suppression.  Before  that  epoch  we  were 
the  only  missionaries  in  those  countries.  At  present,  there  are  priests  there  of  all 
denominations."  (English  Province  Archives  S.J.,  MSS.  n.,  Ex-Jesuits,  Society  in 
Russia,  Liege  Academy,  etc.,  /.  193 ;  a  draft  in  French,  s.d.) 

Catalogue  :  Collegia  et  Besidentiae  Provinciae  Anglicanae  S.J.,  anno  1773  :  Mary- 
land, 21  names.  Collegium  Leodiense  :  3.  John  Boarman  ;  (defunctus)  in  America  in 
1797;  4.  Sylvester  Boarman;  20.  Augustine  Jenkins;  in  Maryland,  2  Feb.,  1800 ; 
29.  Robert  Plunkett,  dimissus ;  in  Maryland,  1815,  aet.  63 ;  41.  Charles  Wharton,  in 
America.  Collegium  Brugense :  12.  Leonard  Neale ;  in  Maryland,  1817,  aet.  70. 
Residentia  S.  Michaelis  :  11\_10?~\.  Stubbs  Walden ;  Henry  Pile,  in  America  in  1814, 
aet.  71.  Extra  Provinciarn :  4.  John  Carroll,  Baltimore,  3  Dec..  1815,  aet.  80.  Collegium 
S.  Aloysii :  Joseph  Doyne,  in  America,  21  Oct.,  1803,  aet.  69.  Domus  Probationis, 
Gandavi :  3.  Francis  Beeston ;  4.  Charles  Boarman ;  5.  John  Boone,  in  Maryland, 
1795,  aet.  60.  6.  Ignatius  Brooke.  9.  Stanislaus  Cherfomont.  22.  Charles  Neale, 
Georgetown,  28  Apr. ,1823,  aet.  71.  27.  Charles  Sewall,  in  America, 1 10  Nov.,  1806, 


§  12]         No.  150,  N2.     RELATIONS    WITH  ENGLAND,    1784-1790          661 

had  no  hand  in  it,  and  the  interested  parties  must  settle  it  as  they  can. 
We  will  not  take  upon  us  to  answer  for  such  irregular  proceedings  ;  and 
persons  so  sent  must  be  entirely  at  y  •  discretion  .  .  . 

aet.  62.  (English  Province  Archives,  A.  Catalog!  Varii,  and  H.  Foley's  papers ; 
catalogue  for  1773 ;  copies,  and  annotations  on  the  dates  and  place  of  decease,  by  George 
Jenkins,  S.J.)  The  21  names  for  Maryland,  in  the  catalogue,  are  the  sixteen  given 
above  (No.  141,  H)  with  the  following  :  Jas.  Chamberlain  (Demarara),  Lucas  Geisler, 
Ricliard  [.']  Harding,  John  Lucas,  James  Pcllentz. 

Strickland,  memorandum :  Finished  their  studies  of  Philosophy  or  Divinity  or 
both,  and  were  ordained  priests  under  the  protection  and  by  means  of  the  Academy 
at  Liege  :  .  .  .  Leon.  Brookes,  in  Ang.  .  .  .  Fra.  Beeston,  in  America.  Stan.  Cerfeu- 
mont,°D9  .  .  .  Ch.  Neale,  Antwerpiae  Con  [fessarius  ?]  .  .  .  Jos.  Boone,  Liege,  mort. 
Studied  their  lower  schools  as  well  as  higher  and  are  now  in  orders.  .  .  Jos.  Eden- 
[skink],  America.  Fran.  Neale,  D?  Students  now  in  Div[mifr/] :  Paulus  Erntzen  .  .  . 
(English  Province  Archives  S.J.,  Foley's  papers ;  memorandum,  4to.  in  Strickland's 
hand.  Ibid.,  MSS.  n.,  Ex-Jesuits,  etc.  :  similar  memorandum  by  Strickland.)  Cf. 
No.  163,  note  5. 

Strickland,  note  :  N.B.  Mr.  Eden  had  been  near  four  years  at  Liege  wholely  at 
the  expence  of  the  gentlemen  of  the  Academy.  (English  Province  Archives,  day-book 
B,  loose  papers.) 

Carroll,  22  Dec.  (1791)  to  Plowden :  A  report  has  reached  me,  that  another  of  our 
countrymen  at  Liege,  and  of  a  most  valuable  character,  Mr.  Matthews,  has  engaged 
himself  to  the  service  of  the  Academy  by  the  usual  oath.  I  may  be  mistaken  as  to 
the  nature  of  this  engagement ;  but,  in  my  apprehension  of  it,  the  intervention  of  his 
Diocesan  ^Bishop  [Carroll~]  was  a  necessary  preliminary.  At  all  events,  I  have  great 
cause  to  regret  Mr.  [Notley~]  Young's  actual  detention,  and  the  future  one  of  Mr. 
Matthews,  while  we  are  suffering  so  much  from  want  of  labourers.  The  former  will 
surely  not  fail  to  revisit  us  soon,  as  the  present  scholastic  year  [at  Liege]  is  expired. 
The  bishop  mentions  another,  a  namesake  :  Give  my  love  to  Messrs.  Young  and  Carroll, 
whose  parents  are  well,  having  seen  or  heard  from  them  very  lately ;  and  to  Mr. 
Matthews.  His  uncle,  Leonard  Neale,  is  gone  lately  to  Philadelphia,  to  replace  one 
of  our  deceased  brethren.  .  .  .  (Md.-N.  Y.  Province  Archives,  Carroll,  (1791),  22  Dec., 
to  Plowden,  No.  40.)  As  to  the  intervention  of  his  Diocesan  Bishop  for  the  engage- 
ment of  Matthews,  cf.  supra,  D2,  note  33. 

As  to  the  Germans,  Carroll  writes,  7  Nov.,  1787,  to  Plowden,  about  the  arrival  of 
the  two  Germans,  and  adds,  in  the  same  letter  :  Two  German  Capucins  are  come  to 
Philadelphia.  With  the  assistance  of  Messrs.  Cresler  [Graessel]  and  Edenskink,  we 
may  do  tolerably  well  for  numbers.  (Ibid.,  1787,  7  Nov.,  No.  16.)  Carroll  describes 
one  of  the  two  last  mentioned :  In  the  presbytery  house,  lately  built,  live  Messrs. 
Beeston  and  Groesl  (a  most  amiable  German  Ex-jesuit),  and  Mr.  Fleming,  an  Irish 
Dominican  lately  from  Dublin,  and  a  very  excellent  scholar.  (Ibid.,  Carroll,  Phila- 
delphia, 1789-1790,  28  Dec.-8  Jan.,  to  Plowden,  No.  24.) 

Later,  Carroll,  from  Lulworth  Castle,  England,  speaks  of  two  more  Germans  :  The 
young  Germans  from  Liege  arrived  last  night,  with  Thos.  Angier,  bound  to  Sir  Richard 
Bedingficld,  where  he  is  to  reside.  (Ibid.,  Carroll,  Lulworth,  1790,  Sept.  25,  to  Ploioden, 
No.  31.) 

Extract  from  a  Diary  :  I  arrived  at  Liege  on  the  16th.  (I  think)  of  July,  1788  .  .  . 
A  Mr.  Brosius  (?),  also  from  Luxembourg  (?),  came  to  the  Juniorate  for  a  short  time  a 
year  or  two  later.  He  was  a  good  young  man,  brother  of  a  clergyman,  who  conducted 
an  ecclesiastical  journal  on  good  principles.  He  was  destined  for  the  Mission  in 
America,  and  went  thither  after  a'  short  stay  in  the  Academy.  (English  Province 
Archives,  Folcy  papers ;  copy-book,  No.  l,ff.  1,  6".) 

As  a  commentary  on  the  trend  of  Ashton's  correspondence  with  Strickland,  and  on 
the  course  of  the  documents  which  follow,  these  excerpts  suffice  for  the  present  to  show, 
whence  missionary  supplies  were  obtained  for  the  first  period  of  the  Church's  history  in 
the  United  States,  and  at  whose  expense  the  formation  of  new  missionaries  had  been 
conducted.  Christopher  Stonor,  the  English  clergy  agent  in  Rome,  answering  appa- 
rently (Dec.,  1789)  the  foregoing  items  of  Strickland,  contained  in  a  petition  for  the 
restoration  of  Roman  property  and  rents  belonging  to  the  Academy  at  Liege,  notes 
expressly  the  connection  between  the  funds  of  the  said  Academy  and  the  American 
clerics ;  he  says  that  these  at  least  have  no  need  of  such  assistance,  since  they  are 
organizing  a  diocese,  a  seminary,  and  an  academy  in  their  own  country :  Rapporto 


662  No.  150,  0".     RELATIONS    WITH  ENGLAND,    1784-1790  [IV 

Twenty  years  ago,  Aslitoris  uncle,  Father  Anthony  Carroll,  placed  £100 
at  Liege,  for  the  benefit  of  Ashton,5'  who  now  should  wish  to  have  two  nephews 
carried  through  their  lower  studies  at  Liege  ;  the  higher  courses  afterwards  to 
be  paid  for  in  the  usual  manner.  They  are  both  now  in  Ireland,  one  being 
ready  next  year,  the  other  two  years  later.  If  they  should  take  to  the 
Church  .  .  .  they  are  designed  to  this  Mission. 

Ashton  says  that  lie  has  written  again  to  the  Bishop  of  London. 

O2.  1787,  June  2. 

Ashton,  2  June,  1787 ,  to  Strickland.     Criticisms  and  proposals. 

.  .  .  Nothing  more  was  meant  of  Messrs.  Corbie  and  Hunter  than  to 
censure  their  conduct  in  meddling  with  the  German  foundation.  If  the 
security  of  that  foundation  was  preferable  to  the  credit  of  this  Mission, 
the  former  should  not  have  been  exchanged  for  the  latter.  And  what 
we  now  offer  is,  to  let  things  revert  to  their  right  order,  and  to  substitute 
the  security  of  this  Mission,  in  lieu  of  the  one  pledged  (invalidly  we 
believe)  by  former  Superiors.  Every  man  in  authority,  from  the  Pope  to 
the  porter  of  novices,  is  liable  to  be  censured  for  his  actions;  and  the 
wisdom  of  our  Constitution  [S.J.]  provided  to  have  a  check  on  every 
Superior,  for  fear  of  oppression  and  injustice.53  It  is  not  therefore  much 
to  be  wondered  at,  if  men  in  office,  not  so  throughly  acquainted  with 
worldly  affairs  as  with  the  obedience  due  to  their  orders,  should  some- 
times in  the  administration  of  temporals  go  beyond  the  due  limits  of  their 
power,  to  the  prejudice  of  their  subjects,  without  meaning  any  harm  or 
adopting  wicked  measures. 

We  shall  be  extremely  glad  and  thankful  for  the  intended  assistance 
of  Mr.  Eden[s&m&].  The  three  Germans  you  have  taken  into  the 
Academy  will  be  of  no  burden  to  you,  as  their  pensions  shall  be  paid 
annually,  while  they  continue  there.  To  them  you  may  add  one  more, 
further  advanced  in  his  studies,  as  I  wrote  to  you  in  my  last  of  Ap.  .  .  . 

Demanding  again  a  distribution  of  the  property  of  the  extinct  Province, 
as  the  natural  heritage  of  all  the  individuals  who  had  been  members  of  the 
Province,  Ashton  proceeds :  You  say,  in  the  ultimate  distribution  of  the 
Province  stock,  the  interest  of  those  Districts,  which  have  so  largely 
contributed  to  its  support,  will  be  first  considered.  We  ask,  What  are 

agli  American!,  non  hanno  quest!  bisogno  dell"  ajuto  della  missione,  professandosi 
con  plena  liberta  la  religions  cattolica  nell'  America  settentrionale,  ove  si  sta  trat- 
tando  1'erezione  di  un  vescovado  ;  e  il  soggetto  destinato  ad  occuparlo  gia  pensa  alia 
fondazione  di  un  seminario  per  gli  ecclesiastici,  e  di  un'  accadernia  per  la  gioventu 
secolare.  In  a  question  of  altering  the  destination  of  a  pious  foundation,  where  the 
Society  or  ex-Jesuits  were  concerned,  the  reasoning  is  characteristic  of  the  time. 
(English  College  Archives,  Home,  Scritture  diverse,  44, 1,  Additional  reasons  of  Mgr. 
C.  Stonor,  supporting  the  answer,  ibid.,  Oct.,  1789,  of  S.  Felice,  Rector  of  the  Anglo- 
Roman  College,  to  the  petition  for  Liege,  where  Strickland  himself  had  lately  been 
president.)  Cf.  No.  163,  note  5. 

52  Cf.  No.  63. 

53  Cf.  No.  143,  A,i  [///.],  where  Carroll  explains  that  such  control  is  exercised  by 
persons  authorized. 


§  12]         No.  150,  P2.     RELATIONS    WITH  ENGLAND,    1784-1790          663 

those  Districts?  Self -created  corporations.54  Ideal  phantoms,  that  are 
not  known  beyond  the  reach  of  their  existence.  We  form  a  regular  body 
of  clergy,  united  by  proper  authority  under  one  Superior,  who  is  con- 
nected with  it  in  temporals  as  well  as  in  spirituals.  Your  union  is  of  a 
very  different  nature,  totally  distinct  from  ours,  which  must  dwindle  by 
degrees  into  nothing.  The  division  you  have  made  of  yourselves  into 
Districts,  if  it  pleases  you,  noways  displeases  us.  .  .  .  Who  the  pretended 
heirs  of  Mrs.  Province  are,  I  never  heared,  tho'  her  property  is  administered 
by  certain  people,  in  whose  choice  we  were  never  consulted.  ...  We 
wish  to  divide,  and  to  have  the  management  of  our  quota  in  our  own 
hands,  tho'  we  are  considered  only  as  the  Infant  Church  of  America. 
Whatever  money  you  have  advanced  on  our  account,  during  our  infancy, 
we  will  settle  for  agreeably  to  the  principles  laid  down.  For,  tho'  we 
are  both  twins,  we  are  willing  to  acknowledge  the  title  of  primogeniture 
in  you.  Ashton  then  proposes  arbitration,  with  the  Bishop  of  London  or  any 
other  parties  as  referees ;  and  he  propounds  his  own  explanation  of  the 
transactions  between  Fathers  Corbie  and  Hunter,  one  not  at  all  complimentary 
to  the  parent  Province. 

You  have  not  favored  me  with  an  answer,  concerning  Messrs.  Boone 
and  Doyne.  .  .  . 

P-.  1788,  July  17. 

Ashton,  17  July,  1788,  to  Strickland.     A  kind  of  retractation. 

.  .  .  Notwithstanding  the  obscurity  of  our  predecessors'  transactions, 
I  have  lately  discovered  some  letters  of  Mr.  Denett's,53  and  accounts  of 
Messrs.  Poyntz 56  and  Hunter,  that  have  given  me  more  insight  into 
this  affair  than  I  ever  had  before.  I  request  that  you  will  send  me  the 
particulars  of  all  moneys  received  since  1705,  both  from  here  and  from 
the  bishop,  with  their  dates.57  I  am  sensible  that  the  annuities 

54  Cf.  supra,  A2,  p.  651,  Strickland,  on  the  uses  of  Jesuit  property.     The  English 
Districts  in  question  were  localities  to  which  foundations  were  attached,  and  within 
which  Catholics  had  a  right  to  the,  benefits  thence  resulting.     On  the  contrary,  the 
Districts  which  were  mapped  out  by  the  American  Fathers  were  merely  ideal  divisions 
of  territory,  for  the  purpose  of  adequate  representation  in  their  Chapter. 

55  Father  James  Dennet,  Provincial,  1762-1766,  successor  to  Father  Henry  Corbie. 
Cf.  No.  106. 

56  Father  John  Poyntz,  procurator  of  tlie  Province  in  George  Hunter's  time. 

57  This  request   of  Ashton's  for   the  particulars  of  accounts,  extending  over  85 
years,  was  in  fact  more  moderate  than  it  seems,  or  than  Ashton  knew.     The  later 
English  ledgers  and  day-books,  which  are  extant,  have  very  copious  entries  under 
Maryland,  Dr. ;  but  Maryland  Or.  is  singularly  deficient.     The  books  begin  only  at 
1730.   And,  up  to  1778,  there  are  some  thirteen  ledgers,  day-books,  and  a  quarto  book  of 
Annuities.    Several  of  them  are  Liege  day-books.    They  contain  a  mine  of  information, 
not  only  as  to  money  accounts,  but  as  to  the  movements  of  persons,  whether  Jesuits  or 
lay  people,  coming  to  and  fro.     The  London  procurator' s  office  was  treated  as  a  kind  of 
friendly  banking  house  (without  discounts)  for  all  affairs,  including  those  of  the  young 
people  who  went  to  Europe  for  their  education  in  the  Jesuit  colleges  or  in  tlie  con- 
vents.   In  ledger  B  (cf.  No.  150,  H),  and  in  loose  papers  of  his  (day-book  R),  Father 
Strickland  analyzes  the  existing  state  of  Maryland  debit  and  credit,  down  to  1790 ;  and 
also  formulates  a  case  of  inquiry  about  the  fixing  of  responsibility  for  the  loss  in  the 
French  shares  (Sir  John  James  Fund  }     Cf.  No.  70,  A).     Later  accounts  concerning 


664      No.  150,  Q2-S'.     RELATIONS    WITH  ENGLAND,    1784-1790  [IV 

ought  to  have  been  paid  from  here,  if  the  dissolution  had  not  taken  place  ; 
and,  on  y^  agreeing  to  our  right  to  a  dividend,58  we  will  agree  to  y-  right 
to  the  annuities.59 

Notwithstanding  our  differences  about  money  affairs,  I  beg  you  will 
be  assured  that  I  have  the  highest  esteem  of  yr-  integrity  and  zeale  to 
support  the  shattered  remains  of  our  antient  Province.  .  .  . 

Q2.  1787,  1788. 

Carroll  to  Plowden,  4  June,  1787,  1  Mar.,  1788,  on  the  foregoing 
controversy  between  Ashton  and  Strickland.  See  supra,  F,  G. 

R2.  1790,  1811. 

Strickland,  on  Ashton' s  abuse,  Sept.,  1790,  with  two  remissions  of  debt, 
29  Sept.,  1700;  (1811).  See  supra,  H,  J,  L. 

S2.  1804,  June  5. 

Strickland,  5  June,  1804,  to  Father  Marmaduke  Stone,  Stonyhurst, 
Provincial  of  the  revived  English  Province.  On  a  new  spirit,  with  regard  to 
money,  which  had  arisen  during  the  thirty  years  of  Suppression. 

.  .  .  One  most  essential  defect  in  our  missioners  is  that,  when  they 
are  sent  upon  a  mission,  the  first  object  of  inquiry  is,  what  are  its 
emoluments,  and  what  the  number  of  the  congregation.  I  am  sorry  to 
say  that  the  first  of  these  objects  has,  since  the  dissolution  of  the 
S-  -y,  been  an  object  of  consideration  among  the  dispersed  members  as 
much,  if  not  more  than  among  people  of  any  other  denomination.  Before 
the  dissolution,  a  contrary  disposition  was  characteristic  of  the  Jesuits ; 
and  it  would  be  happy  if  your  young  men  cou'd  be  taught  that  the 
primary  object  of  their  mission  was  the  salvation  of  souls,  and  to  rely 
on  Providence  and  the  attention  of  their  Superiors  for  their  temporal 
concerns.  Unless  this  spirit  can  be  infused  into  them,  they  will  never 
become  true  Jesuits.  This,  I  allow,  will  be  a  hard  task.  Example  is 
contagious ;  and,  when  they  have  constantly  before  their  eyes  men  of 
character  and  highly  esteemed,  who  both  by  word  and  example  openly 
countenance  principles  of  a  different  complexion,  it  must  be  next  to  a 
miracle,  if  they  do  not  contract  some  share  of  the  contagion.  .  .  . 

Bishop  Carroll  appear  in  ledgers  B  and  G.  An  annuity  of  £5  due  to  Father  Ashton 
himself,  on  account  of  his  uncle,  Father  Anthony  Carroll  (cf.  supra,  N2,  ad  fin.), 
begins  in  ledger  B,  9  Dec.,  1765,  and  is  treated  of  under  the  credit  for  Maryland,  in 
loose  papers,  day-book  E,  as  well  as  in  the  later  ledger  G.  A  very  long  series  of  other 
annuities,  1754-1768,  which  were  due  to  Jesuits,  and  dboui  which  Bishop  Challoner 
spoke  to  the  Propaganda  at  the  Suppression  (supra,  No.  141,  C,  D),  is  entered  summarily 
in  14=  ff.  of  the  qiiarto,  V,  Annuities,  1754,  &c.  (English  Province  Archives  S.J.  For 
some  samples  of  the  accounts  respecting  Maryland  young  people,  Charles  Carroll  of 
Carrollton,  Ashton,  etc.,  cf.  T.  Hughes,  Educational  Convoys  to  Europe  in  the  Olden 
Time,  in  American  Ecclesiastical  Review,  xxix.  24-39.) 

58  In  the  Province  stock. 

59  As  there  was  no  common  Province  stock  (cf.  supra,  Q,  [//.],  6,  7;  F2),  there  was 
nothing  to  divide ;  hence  the  dissolution  made  no  change  in  the  respective  credits  and 
debits  of  the  American  and  English  funds. 


§  12]  No.  151,  A.     THE  SCHOOL,    1786.  665 

English  Province  Archives,  portfolio  6,  American  Letters,  ff.  12-32 ;  letters 
of  John  Ashton  to  Tliomas  Talbot  and  William  Strickland,  in  order  of  date. 
Ibid.,  ff.  14,  17,  25,  memoranda  of  Strickland  on  the  accounts,  and  on  his 
answers ;  s.d.  Ibid.,  Strickland's  Letters,  portfolio,  f.  159,  Strickland,  5  June, 
1804,  to  Stone,  Stonyhurst. 

The  apology  at  the  end  of  the,  correspondence  was  as  much  as  might  be 
expected  from  John  Ashton.  The  correspondence  itself  shows  the 
situation  in  which  the  members  of  the  American  Chapter  had 
suffered  themselves  to  be  placed  by  leaving  the  conduct  of  affairs, 
outside  of  mere  temporal  management,  in  the  hands  of  their 
officious  agent. 

No.  151.  1786,  Nov.  13-24. 

School,  bishopric,  and  incorporation.  Proceedings  of  the  Chapter, 
1786. 

A.  1786,  November  13-22. 

Proceedings  of  the  Chapter,  13-22  Nov.,  1786. 

[/.]  Resolves  concerning  the  Institution  of  a  School. 

1?  That  a  school  be  erected  for  the  education  of  youth  and  the 
perpetuity  of  the  body  of  clergy  in  this  country. 

2?  That  the  following  plan  be  adopted  for  the  carrying  the  same  into 
execution. 

[//.]  Plan  of  the  School. 

1°  In  order  to  raise  the  money  necessary  for  erecting  the  aforesaid 
school,  a  general  subscription  shall  be  opened  immediately. 

2°  Proper  persons  shall  be  appointed  in  different  parts  of  the 
continent,  West  India  Islands  and  Europe,  to  solicit  subscriptions  and 
collect  the  same. 

3?  Five  Directors  of  the  school  and  [o/]  the  business  relative  thereto 
shall  be  appointed  by  the  General  Chapter. 

4?  The  monies  collected  by  subscription  shall  be  lodged  in  the  hands 
of  the  five  aforesaid  Directors. 

5?  Masters  and  tutors  to  be  procured  and  paid  by  the  Directors 
quarterly  and  subject  to  their  directions. 

6?  The  students  are  to  be  received  by  the  managers  on  the  following 
terms— 

[///.]  Terms  of  the  School. 

1?  The  students  shall  be  boarded  at  the  parents'  expence. 

2?  The  pension  for  tuition  shall  be  £10  currency  per  annum,  and  is 
to  be  paid  quarterly  and  always  in  advance. 

3?  With  this  pension  the  students  shall  be  provided  with  masters, 
books,  paper,  pens,  ink  and  firewood  in  the  school. 

VOL.  I.  2  X 


666  No.  151,  B.     THE  BISHOPRIC,    1786  [IV 

4°  The  Directors  shall  have  power  to  make  further  regulations,  as 
circumstances  may  point  out  necessary. 

[Jr.]  Other  resolves  concerning  the  school. 

1?  The  General  Chapter,  in  order  to  forward  the  above  institution, 
grants  £100  sterling  towards  building  the  school,  which  sum  shall  be 
raised  out  of  the  sale  of  [a]  certain  tract  of  land.1 

2?  The  residue  of  the  monies  arising  out  of  the  sale  of  the  above  said 
land  shall  be  applied  by  the  General  Chapter  to  the  same  purposes,  if 
required  to  compleat  the  intended  plan. 

3?  That  the  Procurator  General  is  authorized  to  raise  the  said  sum 
and  lay  it  out  for  the  above  purpose,  as  the  Directors  shall  ordain. 

4?  The  General  Chapter  orders  the  school  to  be  erected  in  George- 
town in  the  State  of  Maryland. 

5?  A  clergyman  shall  be  appointed  by  the  Directors  to  superintend 
the  masters  and  tuition  of  the  students,  and  shall  be  removeable  by 
them. 

6?  The  said  clergyman  shall  be  allowed  a  decent  living. 

7?  The  General  Chapter  has  appointed  the  Rev.  Messrs.  John  Carroll, 
James  Pellentz,  Rob.  Molyneux,  John  Ashton,  and  Leonard  Neale, 
Directors  of  the  school, 

B.  Same  date. 

(TO  System  of  Ecclesiastical  Government. 

Whereas  it  is  necessary  for  the  well  government  of  the  Roman 
Catholic  Church  in  the  thirteen  United  States  of  North  America,  that 
certain  fundamental  principles  should  be  established  in  the  clergy  thereof, 
binding  themselves  and  their  successors,  to  which  they  promise  to  adhere, 
and  to  no  other  form  of  government,  therefore  resolved  by  the  clergy 
thereof : 

1?  That  the  form  of  spiritual  government  to  which  alone  they  do 
submit  shall  be  properly  episcopal,  depending  only  on  the  Holy  See,  in 
matters  essentially  belonging  and  universally  acknowledged  to  belong 
to  the  Holy  See  as  its  undoubted  prerogative.2 

2?  That  a  diocesan  Bishop  alone  is  adequate  to  the  above  purpose. 

3°  That  the  representatives  of  the  clergy  of  the  United  States  of 
North  America  are  the  only  proper  persons  to  chuse  the  same. 

4?  That  a  proper  memorial  be  drawn  up  and  sent  to  his  Holiness  to 
represent  the  present  state  of  the  Roman  Catholic  Church  in  North 
America,  and  the  determination  of  the  clergy  thereupon. 

5?  That  the  present  Superior  jointly  with  two  members  of  the  clergy 
be  authorized  and  directed  to  draw  up  and  send  such  memorial  in  behalf 
of  the  said  clergy  and  to  the  above  purport. 

1  Campbell's  lands  ?     Cf.  No.  148,  p.  631. 

2  Cf.  Nos.  143,  A,  [m.],  ad  fin. ;  146,  A,  note  2;  152,  B,  [/.],  [//.],  2'?,  3d.'.',  [/y/.]. 


§  12]  No.  151,  C,  D.     INCORPORATION,    1786  667 

6?  That  the  two  members  of  the  clergy  chosen  for  the  above  purport 
[purpose  ?]  are  the  Rev.  Messrs.  Rob.  Molyneux  and  John  Ashbon. 

7?  That  in  the  meantime  the  clergy  submit  to  be  governed  by  the 
present  appointed  Superior. 

Business  of  Accounts.     Belique  of  St.  Francis  Xavier. 

C.  1786,  November  23,  24. 

Other  resolves. 

\_vi.~\  November  23. 

1?  On  the  archives.     See  No.  150,  N. 

2°  That  the  Rev.  Mr.  Robert  Molyneux  be  requested  to  draw  up  a 
circular  letter  to  be  sent  to  the  members  of  the  clergy  in  the  different 
Districts,  informing  them  of  the  determination  of  the  majority  of 
Chapter,  respecting  the  form  of  spiritual  government  they  have  agreed 
to  submit  to,  and  of  the  reasons  that  induced  them  to  come  to  that 
determination,  and  to  lay  the  same  before  Chapter,  to-morrow  morning. 

November  24.  The  order  of  the  day  being  read,  the  Rev.  Robert 
Molyneux  laid  before  Chapter  a  letter  to  be  sent  to  the  gentlemen  of  the 
clergy  in  Maryland  and  Pennsylvania. 

Ordered  that  the  said  letter  be  signed  by  the  secretary  of  Chapter 
and  sent  accordingly. 

D.  1786,  November  24. 
[v//.]                                       [Incorporation.] 

Resolved  that  a  committee  of  the  clergy  be  appointed  to  take  informa- 
tion, whether  it  will  be  safe  and  expedient  to  apply  to  the  legislature  for 
an  act  to  incorporate  the  Roman  Catholic  Clergy,  or  a  certain  number  of 
their  body,  to  hold  their  estates  in  trust  and  for  the  use  and  behalf 
of  said  clergy  and  their  successors  for  ever ;  and  that  the  following, 
Rev.  Messrs.  J.  Carroll,  James  Walton,  Ign.  Matthews,  J.  Ashton, 
Leon.  Neale,  Aug.  Jenkins,  compose  this  committee ;  after  receiving  in 
writing  the  opinions  of  the  Rev.  Messrs.  Lewis,  Digges,  B.  Neale, 
J.  Pellentz  and  Jos.  Mosley  on  the  subject,  and,  on  their  agreeing  with 
only  [no  more  than]  two  dissenting  voices,  be  authorized  to  act  in 
consequence. 

Resolved  that  the  Rev.  Mr.  Carroll  be  authorized  to  call  together  the 
above  committee  at  Port  Tobacco,  when  he  may  judge  it  expedient,  and 
that,  a  majority  of  the  members  being  met,  they  shall  constitute  a  board. 

On  the  signature  of  every  member  in  the  body  of  clergy  to  be  affixed  to 
the  Form  of  Government.  See  No.  150,  O. 

Signed  by  order  of  Chapter,  Nov.  24th,  1786. 

CHARLES  SEWALL,  Secretary. 

Georgetown  College  MSS.,  Proceedings  of  the  General  Chapter  in  the  year 
1786,  as  above,  No.  150,  p.  639 ;  ff.  3-5.  Cf.  J.  G.  Shea,  History  of  the 
Catholic  Church  in  the  United  States,  ii.  301-304. 


668  No.  152.     OPPOSITION,  1787  [IV 

Of  the  three  points  so  determined,  a  school  to  be  opened,  the  bishopric  to 
be  advocated,  and  the  measure  to  be  taken  of  incorporating  either 
the  whole  Select  Body  of  Clergy  or  a  limited  board,  the  last  alone, 
that  of  incorporation,  seems  to  have  aroused  no  opposition.  This 
was  a  question  of  economic  and  political  expediency  for  making 
the  estates  secure.  The  execution  of  it  remained  subject  to  pru- 
dential considerations,  regarding  the  right  time  and  opportunity, 
when  the  demand  for  such  an  act  from  the  Legislature  would  not 
provoke  a  spirit  of  intolerance  to  defeat  the  project.  It  was 
successfully  accomplished  six  years  later,  in  favour  of  a  legalized 
committee  or  executive  Board,  inside  of  the  Select  Body.  Then 
the  CJiapter  continued  to  exist,  as  still  representative  of  the  body 
at  large  ;  and  it  elected  the  members  of  the  incorporated  Board, 
otherwise  called  the  Corporation.  Besides  renewing  the  members 
of  the  Board  at  stated  times,  the  CJiapter  conveyed  to  it,  when 
necessary,  the  sense  of  the  Select  Body.  Its  members  were  called 
Representatives ;  those  of  the  Board,  Trustees.3  These  matters 
will  be  seen  later  in  their  course  of  development. 

At  present,  while  an  act  of  incorporation  was  readily  understood  by  the 
ex- Jesuits  to  be  the  setting  up  of  a  protection  for  the  old  property 
of  the  Society,  the  other  two  measures  of  a  school  and  the  bishopric 
seemed,  on  the  contrary,  to  threaten  the  same  property  with  outlay 
and  encumbrances.  Hence  a  period  of  agitation  ensued,  against 
both  school  and  bishopric. 

No.  152.  1787. 

Opposition :  diverging  interests.  In  the  Chapter  minutes  of  23  Nov., 
1786,  just  rehearsed,  there  is  distinct  mention  of  a  majority, 
which  orders  the  letter  of  Molyneux  to  be  drawn  up  and  sent  out, 
on  the  subject  of  ecclesiastical  government.1  And  again  it  is 
declared  that,  in  the  proposed  business  of  incorporation  entrusted 
to  a  committee  of  six,  a  minority  which  consists  of  only  one-third 
shall  not  be  competent  to  obstruct? 

From  the  documents  which  shall  now  follow  we  learn  that  there  was 
indeed  obstruction  inside  the  Chapter,  Bernard  Diderick  or  Rich 
being  the  operator.  He  seems  to  haw  been  the  entire  minority. 

3  Compare  the  description  given  to  the  Propaganda,  of  an  Upper  and  a  Lower 
House,  the  one  called  Senate,  the  other,  Chamber  of  Representatives,  both  combining 
in  joint  session  to  elect  the  Trustees.  See  No.  119,  [/F.l,  MarechaVs  Notes  on  the 
General's  Report :  II  corpo  scelto. 

1  No.  151,  C,  [F/j,  2? 

2  Ibid.,  D,  [F//.]. 


§  i2]  No.  152,  A.     OPPOSITION,  1787  669 

He  was  of  the  same  Middle  District  as  Ashton,  whom  he  was 
opposing.  He  certainly  was  not  supported  by  the  whole  repre- 
sentation of  the  Southern  District,  Walton  and  Matthews,  if  by 
either  of  them  ;  3  for  with  loth  he  would  have  formed  an  absolute 
majority  of  the  Board,  three  against  the  other  two,  Ashton  and 
Molyneux.  The  good-natured  Molyneux  was  never  in  opposition 
to  anybody  or  anything ;  and  on  this  occasion  he  was  invited  to 
draw  up  the  circular.  Though  Carroll  was  present,  he  was  only 
an  invited  supernumerary. 

Outside  of  the  Chapter  there  was  opposition.  The  chief  opponent  would 
seem  to  have  been  Leonard  Neale,  who  had  arrived  some  years 
previously  from  Demarara.  Others  in  the  Southern  District 
agreed  with  him,  so  that  a  District  circular  was  issued  against 
the  late  decision  of  Chapter.  Supposing  that  there  was  but  little 
change  in  the  composition  of  the  Southern  District  since  1783,  we 
may  repeat  the  names  of  the  members  who  had  made  up  the  local 
assembly  of  September  in  that  year:  Messrs.  Bennett  Ncale, 
Ignatius  Matthews,  James  Walton,  Peter  Morris  (now  deceased), 
John  Bolton,  John  Boarman,  Augustin  Jenkins,  Benjamin 
Eoels,  Leonard  Neale.4- 

It  may  be  owing  to  this  dispute  and  to  the  challenge  now  thrown  out  by 
Leonard  Neale  s  party  against  any  seeming  dilapidation  of  Jesuit 
property  during  the  interval  of  the  Society's  suspended  vitality, 
that  forty  years  later  a  Jesuit  Superior  of  Maryland  (Father 
DzierozynsJci)  paid  him  the  tribute  of  having  saved  the  Jesuit 
property : 

A. 

Huic  viro  [Leonardo  Neale]  Societas  Americana  secundum  Deum 
ruultum  debet,  quod  bona  etiamnum  hie  possideat.  Ejus  enim  cura,  zelo 
et  prudentia,  Corporatio  quae  legibus  civilibus  ilia  inunit  fuerat  erecta. 

The  origin  of  such  a  tradition  is  sufficiently  explained  by  the  dissatis- 
faction felt,  in  Grassi's  time,  at  the  supposed  attitude  of  Arch- 
bishop Carroll  towards  the  Society  and  its  restoration.5  Although 
the  tradition,  received  and  recorded  by  Dzierozynsld,  passed  into 
history,  the  fact  seems  to  have  been  that  Leonard  Neale  and  his 
colleagues  had,  in  point  of  fact,  simply  given  way,  and  entered 
into  the  views  of  the  other  two  Districts.  We  begin  with  the 
circular  letter  of  the  General  Chapter. 

3  Cf.  infra,  C,  noto  11. 
4  No.  145,  B.  4  Cf.  Nos.  178,  U2,  V2  ;  113,  Q. 


670  No.  152,  B.     OPPOSITION,    1787  [IV 

B.  1786,  November  24. 

Circular  letter  on  a  bishopric,  ordered  by  the  Chapter,  24  Nov.,  1786. 

REV.  GENTLEMEN  AND  BRETHREN, 

170  We  esteem  it  a  duty  to  give  you  information,  not  only  of  all 
matters  agreed  on  in  Chapter,  but  likewise  of  the  reasons,  which  moved 
a  majority  of  us  to  come  to  an  important  resolution  relative  to  our  future 
Ecclesiastical  Government.  The  matters  agreed  on  are  those  which 
appear  in  the  journals  of  our  proceedings  ;  among  which  you  will  find  a 
vote  directing  that  a  memorial  be  transmitted  to  his  Holiness,  repre- 
senting that  the  clergy  of  these  States  conceive  it  as  their  right,  and 
therefore  require  to  be  governed  only  by  an  Ordinary  Bishop,  chosen  by 
themselves  and  depending  in  spirituals  solely  on  the  Holy  See  ;  6  that,  in 
the  mean  time  of  waiting  for  his  Holiness'  answer,  they  submit  to  the 
authority  already  constituted  amongst  them. 

[//O  The  reasons  operating  on  a  majority  of  us  to  adopt  this  resolution 
were  the  following.  First,  the  Clergy  of  Maryland  and  Pennsylvania  are 
providentially  placed  in  a  situation  to  be  greatly  instrumental  towards 
spreading  the  blessing  of  true  religion  throughout  the  whole  extent  of 
the  United  States.  In  this  view  we  formed  the  plan  of  a  school  of 
general  education  for  youth ;  but  more  especially  that  it  may  be  a 
nursery  of  future  clergymen,  who  will,  we  hope,  be  sufficient  not  only  to 
succeed  the  present  labourers,  but  likewise  to  extend  their  zeal  as  far  as 
the  tolerating  laws  of  the  other  States  will  allow  them.  To  compleat 
this  scheme  a  Bishop  will  certainly  be  necessary.  2ly  We  conceive  no 
medium  between  an  Ordinary  Bishop  and  a  Bishop  in  partibus,  con- 
stituted by  and  dependant  on  the  Congr.  de  Propcl.a  Fide.  We  think  you 
will  find  sufficient  reason  in  the  ace'  of  our  Russian  Brethren,  and  in 
other  information  you  are  possessed  of,  to  prefer  an  Ordinary  to  a  Vicar 
Apostolic. — Besides,  our  governing  powers  jealous  of  all  foreign  depend- 
ance,  and  our  fellow  Christians  of  other  denominations,  will  be  confirmed 
in  their  prejudices,  if  we  admit  for  our  chief  ecclesiastical  Superior  a 
person  appointed  by  a  foreign  Congregation,  responsable  to  them  for  the 
exercise  of  his  authority,  and  removeable  at  their  pleasure.  3JI.y  The 
clergy  and  faithful  here  constitute  a  National  Church,  protected  and 
sanctioned  by  law ;  and  they  have  therefore  a  right  to  the  same 
ecclesiastical  government,  as  has  ever  been  used  from  the  days  of  the 
Apostles  in  every  National  Church.  4!y  There  is  a  very  cogent  reason 
why  this  matter  should  be  taken  up  at  present.  The  negotiation  will 
undoubtedly  be  of  some  length,  and  probably  the  fate  of  the  memorial 
will  not  be  decided  for  two  or  three  years. — Clergymen  not  of  our 
Body  are  coming  into  America,  and  the  Superior,  where  he  finds  them 
qualified,  can  not  in  conscience  refuse  employing  them  in  other  States 

6  On  the  tone  Jiere  and  infra  [///.]  with  regard  to  the  Holy  See,  and  the  Vicars 
Apostolic  depending  upon  it,  see  the  other  places  cited  in  No.  143,  note  10. 


§  12]  No.  152,  C.     OPPOSITION,    1787  671 

solliciting  their  assistance.  These,  as  part  of  the  American  clergy,  will 
have  an  equal  right  to  participate  in  the  ecclesiastical  government.  Can 
we  tell  how  soon  they  may  be  here  in  sufficient  number  to  carry  measures 
contrary  to  our  wishes  and  destructive  of  the  good,  which  our  longer 
experience  of  the  temper  and  government  of  America  enable  us  to 
perform  ?  Have  we  not  reason  to  fear,  that  they  will  be  attended  to  at 
Rome  preferable  [!]  to  ourselves,  and  their  plans  adopted  ?  and  thus  an 
attempt  made  to  enforce  a  government,  which  if  we  admit,  we  shall 
impose  a  yoke  upon  ourselves  and  draw  on  our  religion  the  inconveniences 
before  mentioned.  If  we  resist  this  government,  dissensions  and  anarchy 
will  ensue.  On  these  considerations  we  are  induced  to  delay  no  longer 
a  measure  recommended  to  us  from  Europe  by  those,  on  whose  virtue, 
knowledge  and  experience  we  could  best  rely. 

[///.]  We  were  very  careful  to  consider  whether  the  introduction  of 
episcopacy  would  prove  detrimental,  if  it  should  please  God  to  revive  the 
Society  ;  and,  so  far  from  conceiving  it  hurtful  to  the  Society's  recovering 
her  rights  in  this  country,  we  are  clearly  of  opinion,  that  a  Bishop  chosen 
by  ourselves,  while  we  constitute  a  majority,  would  greatly  facilitate  so 
desirable  an  end.  Ever  since  the  days  of  St.  Ignatius,  the  Ordinaries 
throughout  Christendom  have  generally  proved  favourable  to  the  Society, 
and  for  the  most  part  were  its  protectors  and  benefactors ;  and  in  the 
times  of  its  distress  spoke  loudly  in  its  favour.  We  remember  the 
glorious  testimonies  rendered  to  the  Society  by  the  Bishops  of  France, 
Italy  and  Germany,  and  even  those  of  Spain.  But  the  Vicars  Apostolical 
of  England,  and  China,  and  other  eastern  countries  have  always  thwarted 
its  children,  and  by  their  opposition  have  oftentimes  caused  prejudice  to 
religion. 

These  are  the  principal  reasons  which  determined  our  opinions.  We 
doubt  not  of  your  approbation  and  concurrence  in  a  measure  suggested 
by  motives  so  powerful  and  so  pressing.  With  the  greatest  respect,  and 
earnest  request  to  you  to  beseech  Almighty  God  to  render  this  measure 
advantagious  to  religion,  we  have  the  honour  to  be 
Gentlemen  and  Reverend  Brethren, 

Your  most  humble  and  obedient  Servant  and  esteeming  Brethren, 

The  Chapter. 

Given  at  the  White  Marsh,  November  24th,  1786. 

Signed  in  behalf  of  Chapter, 

CHARLES  SEWALL,  Secretary. 

To  the  Reverend  Gentlemen  of  the  Southern  District. 

C.  1787,  January  22— February  28. 

Carroll,  EocJc  Creek,  22  Jan.-28  Feb.,  1787,  to  Plowden.  On  the 
opposition  manifested  to  a  school  and  a  bishopric. 

22  Jan.  [Ff.  l-6\.  On  the  foregoing  business  ;  and  lie  asks  earnestly 
for  Ploivden's  co-operation  in  obtaining  a  president  for  the  Academy  ;  as  he 


672  No.  152,  C.     OPPOSITION,    1787 

cannot  hope  to  secure  Plowden  himself,  he  mentions  Messrs.  Kemper,  Barrow, 
Mattingley,  Semmes.  Then  about  proper  text-looks.  Finally,  a  plea  for 
pecuniary  contributions  from  friends  in  England.7  Personal  items. 

28  Feb.  [Ff.  6V ,  7].     I  am  sorry  to  inform  you  that,  since  writing  the 
above,  an  opposition  has  broken  out  of  some  of  our   good   gentlemen 
against  the  establishment  of  a  school,  and  an  application  for  a  Bishop. 
They  act  from  this  laudable  motive  ;  that  both  these  matters  will  occasion 
some  alienation  of  property  formerly  possessed  by  the  Society,  which  they 
wish  to  restore  undiminished  to  her  at  her  re-establishment ;  and  of  this 
they  appear  to  have  no  doubt,  since  they  read  your  Russian  history.8 
They  positively  assert,  that  any  appropriation  to  the  school  (tho'  made 
by  the  representative  body  of  the  Clergy,  as  has  been,  the  case)  of  estates 
now  possessed  by  us  is  a  violation  of  the  rights  of  the  Society  ;  thus 
supposing  that  a  right  of  property  can  exist  in  a  non-existing  body ;  for 
certainly  the  Society  has  no  existence  here.     As  this  objection  has  arisen 
with  a  few,  I  hope  they  will  soon  change  their  mind,  and  remember  that 
a  very  uncertain  px-ospect  of  the  revival   of  the  Society  ought  not   to 
hinder  so  essential  a  service  to  religion ;  that  the  Society  was  instituted 
to  save  souls  ;  and  that  souls  were  not  made  subservient  to  the  temporal 
benefits  of  the  Society.     You  must  know  that,  when  we  established  a 
form  of  government  for  our  temporal  concerns,  we  severally  promised 
each  other,  that,  if  it  pleased  God  to  restore  the  Society  in  this  country, 
we  would  surrender  back  into  her  hands  her  former  property.     But,  at 
the  same  time  a  power  was  expressly  reserved,  and  indeed  it  is  essential, 
for  the  Chapter  or  Representative  body  of  the  clergy,  to  alienate  for  the 
common  good,  or  for  pious  uses,  any  part  of  the  real  property.9     Personal 
property  may  be  disposed  of  with  greater  ease.     The  few  gentlemen  who 
have  objected  have  considered  the  promise  of  re-delivery  to  the  Society  ; 
but  have  not  attended  to  the  power   expressly  granted  to  Chapter.     I 
make  no  doubt  but,  as  soon  as  the  matter  is  properly  explained,  we  shall 
all  agree  again,  except  perhaps  a  Mr.  Diderick,  one  of  those  whom,  as  you 
once  wrote,  Mr.  Howard's  undistinguishing  charity  10  admitted  into  our 
province  and  sent  hither.     He  has  set  all  this  in  motion  ;  and  the  secret 
cause,  tho'  perhaps  unknown  to  himself,  is  that  your  schoolfellow  Ashton 
is  very  strenuous  for  the  measures  adopted ;  as   indeed  are  Molyneux, 
Matthews,  Pellentz,  Digges,  Mosely,  Sewall,   Boarman,  Lewis,  etc.,  and 
your  humble  servant.11     Now  Mr.  Diderick  makes  it  a  point  to  oppose 
Mr.  Ashton  ;  and  I  do  not  believe  that  I  come  in  for  a  great  share  of  his 
good  will.      I  know  not  whether  you    are  acquainted    with   this    man's 
history.     I   am    told  he  was  noted    and   even  confined    in  the  Walloon 

"  Cf.  No.  176,  note  12. 

8  Cf.  No.  155,  A,  B. 

9  Cf.  Nos.  147,  G,  [/.],  17? ;  148,  A,  note  3. 

0  Father  John  Holme,  alias  Howard,  had  been  Rector  of  the  College  at  Liege,  and 
Vice- Provincial  at  the  same  time  for  English  Province  affairs  on  the  Continent. 
•  There  is  no  distinct  mention  here  of  Walton. 


§  i2]  No.  153,  A.     CARROLL'S   CONTENTION,    1787  673 

province  for  his  turbulence.  As  much  as  we  want  recruits,  I  should  not 
be  sorry,  he  would  return  to  Europe ;  for  I  really  fear  he  will  do  mischief 
sooner  or  later.  This  last  part  of  my  letter  will  be,  I  hope,  to  yourself. 
Carroll  returns  to  the  earlier  subject  of  this  letter,  desiring  Plowdens  substantial 
co-operation  in  many  particulars, 

Md.-N.  Y.  Province  Archives,  1783,  a  draft  on  the  Neale  family ;  3  pp.  fol. 
(cf.  No.  163,  A,  note  4).  Ibid.,  1786,  Nov.  24,  circular  of  the  General  Chapter 
cm  a  Diocesan  Bishop ;  a  copy,  not  in  ScwalVs  hand,  3  pp.  fol.  Ibid.,  1787, 
Jan.  22-Fcb.  28,  Carroll,  Rock  Creek,  to  Ploivden,  12  pp.  4to,  and  1  fol. 
appended ;  No.  13. 

No.  153.  1787,  February. 

The  title  of  ownership  iu  the  Society  during  Suppression  :  progress  of 
the  discussion.  The  first  letter  which  follows  is  directed  seem- 
ingly to  Matthews  or  to  Walton,  one  of  the  General  Chapter 
members  in  the  Southern  District. 

A.  1787,  February  7. 

Carroll,  7  Feb.,  1787,  to  a  member  of  the  Southern  District.     He  answers 
the  objections  raised  to  the  project  of  a  school. 

Baltimore,  Feb.  7th,  1787. 

REV.  DEAR  SIR, 

[A]  The  printed  proposals  accompanying  this  letter  were  to  have 

been  sent  long  ago ;  but  Mr.  Sewall  [secretary]  could  not  meet  with  an 
opportunity.  Be  pleased  to  deliver  one  to  each  of  our  gentlemen  and 
to  those  laymen  who  are  appointed  to  solicit  subscriptions  ;  to  whom 
may  be  added  any  others  you  judge  proper.  From  the  generous  sub- 
scriptions already  received,  I  had  conceived  the  most  flattering  hopes ; 
and  persuaded  myself  of  the  active  co-operation  of  all  our  Brethren  in  a 
measure,  which  has  long  been  talked  of  amongst  ourselves,  and  strongly 
recommended  from  Europe.  But  Mr.  Sewall  received  a  letter  a  few  days 
ago  from  the  gentlemen  of  your  District,  reprobating  the  resolve  of 
Chapter  for  a  school  ;  and  another  yesterday  from  Mr.  Diderick  very 
injurious  to  the  character  of  his  Brethren  in  Chapter.  The  gentlemen 
thus  censured  will  perhaps  think  proper  to  wipe  off  these  aspersions.  As 
soon  as  Mr.  Sewall  showed  me  your  District  circular  letter,  I  wrote  to  Mr. 
Leonard  Neale  concerning  the  unexpected  opposition  to  a  school,  and 
shall  here  transcribe  those  first  effusions  of  my  heart,  which  were  drawn 
from  me  by  the  earnest  desire  of  seeing  a  prosperous  issue  of  an  under- 
taking pregnant,  in  my  estimation,  with  the  greatest  blessings.  Thus 
I  write  to  Mr.  Neale  : 

[/A]  "  When  amongst  you,  I  conversed  on  the  subject  of  a  school  with 

every  one  of  you  excepting  perhaps  Mr.  Roels ;  and  it  appeared  to  be  the 

general  and  unanimous  opinion,  that  it  was  an  advantageous  and  necessary 

,  measure.     Indeed,  your   letter  excepts  only  to  the  extensiveness  of  the 


674  No.  153,  A.     CARROLL'S  CONTENTION,    1787  [IV 

plan.  Carroll  does  not  see  how  the  plan  of  studies,  comprising  English,  the 
learned  languages,  and  elements  of  mathematics,  could  be  contracted  ;  or  how 
the  moral  training  could  be  secured  without  a  competent  superintendent. 
What  added  to  my  surprise  at  your  opposition  was,  that  it  should  come 
from  those  who,  in  a  manner  so  exemplary  and  with  an  affection  so 
constant,  have  devoted  themselves  to  the  exercises  of,  and  preserved  such 
an  attachment  to  the  Institute  of  St.  Ignatius.  For,  amongst  all  the 
means  prescribed  by  him  for  the  salvation  of  souls,  every  one  who  con- 
siders the  past  services  of  the  Jesuits,  or  the  present  decay  of  religion  in 
Europe,  so  generally  complained  of  amongst  young  people ;  the  great 
scarcity  of  pastors  and  Priests  (as  related  to  Chapter  by  Mr.  Pellentz) — 
whoever  considers  those  things  must  acknowledge,  that  the  Society 
rendered  no  service  more  extensively  useful  than  that  of  the  education  of 
youth.  Carroll's  sense  of  disappointment,  but  his  hopes  of  seeing  a  happy 
issue  to  the  dissension."  So  far  to  Mr.  Neale. 

[///.]  The  great  objection  to  the  school  is  the  appropriation  of  property, 
which  is  considered  as  an  alienation  injurious  to  the  Society  and  a  viola- 
tion of  justice.  But,  in  my  humble  opinion,  whatever  other  objections 
may  be  against  the  appropriation  complained  of,  that  of  violating  justice 
is  not  well  founded. 

[/F.]  Do  not  divines  teach  unanimously,  that  death  extinguishes  those 
rights  in  such  a  manner,  that  they  do  not  revive,  even  if  the  former 
possessor  should  be  brought  to  life  ? J  2"<!ly  However  this  may  be,  the 
property  -  applied,  either  absolutely  or  conditionally,  to  the  school  never 
was  the  property  of  the  Society ;  the  events  by  which  it  lapsed  to  the 
present  successor  happening  many  years  after  the  Society  ceased  to  exist. 
Here  therefore  was  no  breach  of  justice.  3rc?y  Were  the  Society  existing 
at  this  moment,  and  in  possession  of  the  property  alluded  to,  and,  if  it 
had  been  granted  to  her  without  any  particular  destination  from  the 
benefactor,  my  opinion  would  be,  that  it  could  not  be  applied  to  a  purpose 
more  conducive  to  the  end  of  the  Society.  I  do  not  expect  that  these 
considerations  will  entirely  remove  the  objections  of  our  good  gentle- 
men of  your  District ;  but  I  hope  their  private  opinions  will  not  hinder 
them  from  exerting  their  endeavors  for,  and  recommendations  of  the 
school ;  for  surely  the  resolutions  of  Chapter  are  binding  in  matters  of 
this  nature. 

[^•J  As  to  other  points  objected  to,  I  am  glad  the  gentlemen  com- 
municated their  difficulties,  before  any  steps  were  taken  in  compliance 
with  your  resolves ;  and,  if  my  advice  be  followed  by  my  colleagues  of 
the  committee,  I  will  certainly  suspend  all  proceedings,  excepting  in  the 

1  In  Roman  jurisprudence  the  contrary  principle  was  held  with  respect  to  the 
property  of  the  Society  during  Suppression,  apparently  on  the  ground  that  the  temporary 
extinction  of  the  Order  was  a  fact  to  be  juridically  ignored.     See  No.  224. 

2  Campbell's  lands  ?•     Of.  Nos.  151,  A,  [/r.],  1?;  153,  p.  675;    162,  Q,  S,  Ashlon's 
and  N.  Yoitng's  wills,  by  which  Campbell's  lands  were  finally  vested  in  the  Corporation. 


§  12]  No.  153,  A.     CARROLL'S  CONTENTION,    1787  675 

school  business,  till  a  general,  or  nearly  general  harmony  prevails  amongst 
us.  For  charity  is  better  than  all  our  schemes,  however  well  contrived 
they  may  seem  to  their  authors. 

[i'/.]  But  I  cannot  conclude  this  without  observing  that  if  Mr. 
Diderick  sent  any  letter  to  St.  Mary's  [County]  in  the  same  style  and 
with  the  same  imputations  as  in  that  to  Mr.  Sewall  and  Boarman,  he 
has  not  only  conceived  unfounded  prejudices  of,  but  has  greatly  mis- 
represented the  proceedings  in  Chapter.  He  says  the  majority  of 
Chapter  had  contrived  the  business  beforehand,  kept  matters  secret  from 
the  rest,  and  with  cunning  and  worldly  policy  carried  their  measures. 
You  know,  how  contrary  to  fact  these  allegations  are;  that  it  was 
universally  known  that  the  consideration  of  a  school,  of  incorporation, 
and,  I  believe,  ecclesiastical  government,  was  to  come  before  the  Board. 
I  wish  you  would  refer  to  Mr.  Ashton's  letter  of  convocation ;  and  I  beg 
you  to  recollect  that  the  subjects  of  deliberation  were  so  much  known, 
that  Mr.  Pellentz,  not  being  able  to  attend  personally,  wrote  his  opinion 
on  all  those  facts.  I  am  satisfied  that  we  all  aim  at  the  same  good  end. 
An  exhortation  to  union  of  sentiment,  etc. 

J.  CARROLL. 

The  chief  piece  of  property  primarily  assigned  to  the  purpose  of  erecting 
a  school  would  seem,  by  the  description  given,  to  be  Campbell's 
Chance  and  Struthland,  received  as  a  bequest  by  John  Asliton 
from  J.  Campbell  in  1779. a  Land  granted  by  persons  outside  of 
the  ex-Jesuit  body  is  reported  in  a  letter  of  Carroll's  at  this  time 
to  be  from  Col.  Deakins  and  Mr.  Threlkeld,  who  have  joined  in 
granting  a  fine  piece  of  ground  for  the  purpose  of  building.4 
Benefactions  besides  came  from  various  quarters  in  America  and 
England ; 5  and  the  Propaganda  itself  assigned  an  allowance  of 
100  crowns  per  annum  for  three  years.6  But  soon  the  entire 
burden  of  maintaining  the  College  fell  on  the  Jesuit  estates,  as  will 
be  seen  later. 

Sewall  and  Boarman,  who  had  been  addressed  by  Diderick,  Asliton  like- 
wise, with  Digges  and  Carroll,  all  joined  in  a  long  common  letter, 
ivhich  has  the  aspect  of  a  Middle  District  utterance,  as  against  the 
Southern  District  remonstrance.  Besides  a  copy  of  what  was 

3  Cf.  No.  148,  p.  631. 

4  Carroll,  Georgetown,  25  Jan.,  1737,  to  .  .  . ;  cf.  American  Catholic  Historical 
Researches,  x.  40.     As  to  30  acres  bought  of  John  Threlkeld,  2  Nov.,  1S14,  to  develop 
the  college  grounds,  cf.  No.  135,  A,  note  11. 

5  Cf.  No.  176,  note  12. 

6  Georgetown  College,  Archives,  Card.  Antonelli,  14  Aug.,  1790,  to  Carroll,  bisliop- 
elcct,  then  in  England ;  Shea's  abstracts,  1780-1823.     Cf.  J.  G.  Shea,  History  of  the 
Catholic  Church  in  the  United  States,  ii.  367.      The  allowance  was  to  run  from 
18  Feb.,  178S.     Cf.  supra,  No.  119,  [)'///.],  Marcchal's  Notes  on  the  General's  Report. 


676  No.  153,  B.     CARROLL'S  CONTENTION,    1787  [IV 

actually  sent  out,  we  have  Sewall's  original  draft  corrected  by  him- 
self.     We  subjoin  in  footnotes  the  chief  erasures  of  the  composer. 

B.  (1787,  February.) 

Answer  of  Carroll  and  four  colleagues  to  the  remonstrance  of  the  Southern 
District,  on  the  property  interests  of  the  Society  of  Jesus,  etc. 

To  the  Reverend  Gentlemen  of  the  Southern  District. 

[/.]  REVEREND  GENTLEMEN  AND  BROTHERS  : 
Pax  Christi. 

Receipt  of  their  letter."  The  objections  brought  against  incorporation 
cannot  be  discussed,  until  the  committee  appointed  has  met  and  begun  to 
consider  the  subject.  The  present  answer  shall  be  confined  to  the  first  two 
points:  the  plan  of  spiritual  government  adopted  by  Chapter,  and  the  project 
of  a  school. 

[^•]  Before  we  answer  either  of  these  points  in  particular,  we  observe 
that  you  lay  down  two  principles  as  incontestable :  viz.  the  injustice 
clone  to  the  Society,  and  the  infringement  of  the  Constitution  we  have 
already  adopted. 

[///.]  We  answer  that  the  existence  of  the  Society,  and  the  existence 
of  the  [Chapter's]  Constitution  are  two  things  incompatible ;  for  the 
injustice  you  complain  of,  implying  the  existence  of  the  Society,  totally 
destroys  the  existence  of  the  [Chapter's]  Constitution.  The  17th  article 
of  the  Form  of  Government,  allowing  the  General  Chapter  to  dispose  of  real 
property,  and  the  District  Chapter  to  dispose  of  personal  property  ; 8  as  well 
as  the  2nd  article  of  Regulations  respecting  the  Management  of  Plantations, 
reserving  the  said  power  to  the  General  Chapter ;  both  these  articles  of  the 
Constitution  would  be  nugatory,  if  the  Chapter  cannot  dispose  of  their 
property  without  an  injustice. 

[/F.]  A  declaration,  made  after  the  Form  of  Government  was  agreed 
to,9  says  "  that  the  members  thereof  will,  in  behalf  of  themselves  and,  as 
far  as  they  are  competent,  in  behalf  of  their  constituents,  to  the  best  of 
their  power  promote  and  effect  an  absolute  and  entire  restoration  to 
the  Society  of  Jesus,  if  it  should  please  Almighty  God  to  re-establish  it 
in  this  country,  of  all  the  property  formerly  belonging  to  it."  This 
resolve  is  entirely  consistent  with  the  above-mentioned ;  and,  being  con- 
ditional, has  no  object  or  tie,  before  the  re-existence  of  the  Society ;  and 
we  are  fully  persuaded  that  it  is  the  sincere  desire  of  every  one  to  have 
it  carried  into  execution  at  that  happy  period.  But,  in  the  mean  time, 
the  property  is  absolutely  our  own,  agreeably  to  the  first  declaration  and 
subsequent  articles ;  which  it  would  not  be,  if  we  could  not  dispose  of  it 
for  pious  uses,  without  an  injustice  to  the  not  yet  existing  Society. 

"  Cf.  supra,  A,  [/j. 

8  No.  147,  C,  [/.],  17? 

9  No.  147,  G,  H. 


§  12]  No.  153,  B.     CARROLL'S  CONTENTION,    1787  677 

[r.]  We  observe  moreover,  that  the  property  held  in  this  country  did 
not  belong  at  any  period  of  time  to  the  Society  at  large ; (a>  but  only  to 
that  portion  of  it  residing  here,  or  at  most  to  the  English  Province.  The 
property  of  one  College  and  of  one  Mission  was  totally  distinct  from  that 
of  another.10  This  principle  was  essential  to  good  government  and  general 
security ;  and  it  was  asserted  and  maintained  by  the  General  and  all 
Superiors  of  the  Society,  in  opposition  to  the  iniquitous  claims  set  up  in 
France  to  make  the  whole  Society  liable  for  the  debts  of  the  Mission  of 
Martinico. 

[r/.]  The  re-establishment  therefore  of  the  Society  (bl  in  this  country 
is  a  necessary  preliminary  for  the  re-acquiring  of  its  former  property 
here ;  and,  if  any  more  effectual  means  of  compassing  that  re-establish- 
ment can  be  devised  than  those  adopted  by  the  Chapter,  and  which  you 
do  except  against,  we  shall  be  very  ready  to  join  you  in  preferring  them. 
A  school  will  certainly  be  a  nursery  from  whence  postulants  can  alone 
be  expected ;  and  an  independent  ecclesiastical  Superior  is  (c)  principally, 
if  not  essentially,  necessary  to  render  the  school  competent  to  all  the 
purposes  of  its  establishment.  The  application  of  some  part  of  our  estate 
which  may  be  spared  to  this  purpose,  and  the  honour  of  God  and  good  of 
souls  being  the  end  of  this  Society  and  hereby  intended,  we  hope  will 
give  it  that  blessing  from  heaven,  which  we  all  most  earnestly  pray  for. 

[F//0  We  are  most  firmly  persuaded  that  a  diocesan  Bishop  is  preferable 
to  an  Apostolic  Vicar  or  Apostolic  Prefect  as  at  present,  who  must 
necessarily  be  under  the  control  of  a  Congregation  in  Rome,  that  has 
always  been  unfavourable  to  the  Society.  And  we  know  from  the  history 
of  the  late  Society,  that  the  Diocesan  Bishops  throughout  Europe  were 
the  means  of  its  getting  footing,  and  nourishing  in  all  Catholic  countries, 
and  were  the  most  strenuous  in  the  support  of  its  existence  in  its  last 
period. 

[F///.]  This  Bishop  will  be  of  our  own  choosing,  and  undoubtedly  one 
who  has  been  of  the  Society,  and  is  yet  known  to  be  well  affected  towards 
it.  His  revenues  will  hardly  exceed  what  is  allowed  to  the  present 
Superior  ;  n  and  can  there  be  a  shadow  of  injustice  to  ourselves,  to  allow 
a  decent  maintenance  to  a  successor  of  the  Apostles,  a  Pastor  of  Christ's 
sheep,  and  a  guardian  of  the  depositum  of  faith  ?  If  this  seasonable 
opportunity  of  petitioning  such  a  one  is  passed  over,  when  we  have  friends 
at  Rome  to  promote  our  interest,  may  we  not  expect,  when  one  is  asked 
for  through  the  Propaganda  by  the  clergy  who  are  now  coming  into  this 

(a)  But  to  the  English  Province  ;  and,  where  a  claim  of  justice  is  set  up  against  our  estates,  it  should, 
agreeably  to  your  principles,  originate  with  them  ;  the  idea  of  which,  we  presume,  no  member  of  this 
body  of  clergy  will  adopt ;  nor  have  we  heard  that  any  of  the  English  body  of  clergy  was  ever  so  extravagant, 
as  to  make  such  claim. 

(b)  Above  referred  to  is  only  applicable  to  this  Country. 

(c)  The  only  person  to  make  such  a  school  flourish. 

10  Cf.  Nos.  143,  A,  [///.],  Carroll's  statement  of  this  same  principle  ;  150,  A2,  p.  651. 

11  Viz.  the  Prefect  Apostolic.    Here  follows  the  moral  ground  on  which,  without 
injustice  to  themselves,  they  may  settle  an  allmuance  on  the  ex-Jesuit  Ordinary, 


678  No.  153,  B.     CARROLUS  CONTENTION,    1787 

country,  and  who  probably  will  soon  exceed  us  in  numbers,  that  their 
petition  will  be  most  readily  granted,  though  he  should  be  supported  at 
the  expense  of  that  Congregation  (as  it  is  in  China  and  elsewhere),  who 
will  be  such  a  thorn  in  our  side,  as  will  frustrate  our  most  zealous  labours 
and  render  the  vineyard  of  our  Lord  desolate.  We  know  the  jealousy 
that  our  exemption  from  episcopal  jurisdiction  gave  in  Europe;  and, 
notwithstanding  the  grants  of  the  Holy  See,  that  few  prelates  would 
indulge  the  Society  in  that  point.1'2  It  is  true  without  faculties  we  could 
live,  but  would  not  the  cause  of  God  suffer ;  and  our  estates  in  time,  from 
the  refusal  of  ordination  or  non-admittance  of  postulants  from  abroad,  in 
whom  we  would  confide,  fall  into  profane  and  scandalous  hands  ? 

[/x]  Here  follow  many  arguments  in  favour  of  a  bishopric.  Schools  and 
seminaries  have <<J)  generally  been  encouraged  and  protected  by  the 
Bishops,  whether  immediately  under  their  own  direction,  or  the  direction 
of  the  Society ,(e)  and,  if  she  should  be  re-established  in  this  country,  in 
our  life  time,  there  is  no  doubt  but,  with  the  other  property,  the  govern- 
ment of  the  school  will  likewise  be  surrendered  into  her  hands. 

[x]  Argument  for  a  school,  from  the  antecedents  of  the  Society  of  Jesus. 
A  seminar}/  can  then  be  erected  under  the  care  of  the  bishop,  and  a  novitiate 
under  the  care  of  the  Society.  The  plan  of  education  proposed.  Scholars 
and  masters. 

[x/.]  The  property  allotted  by  Chapter  for  this  end  never  belonged  to 
the  Society,  which  has  not  been  in  existence  here  since  it  was  acquired ; 
hence  alone  every  objection  arising  from  the  idea  of  justice  is  cut  off  on 
this  head  ;  tho'  we  are  far  from  admitting  that  the  clergy  here  cannot 
contribute  to  a  pious  work,  in  the  use  of  their  other  property,  without 
injuring  their  successors.  For  this  principle  once  admitted  would  perhaps 
operate  too  strongly  against  ourselves  and  suggest  uneasy  thoughts  of 
restitution  to  those,  who  may  think  themselves  injured  by  donations 
made  to  our  predecessors,  and  which  we  now  enjoy,  to  the  exclusion  of 
the  natural  heirs  to  some  of  our  best  livings. 

[x//.]  We  now  come  to  answer  the  particular  reasons  you  have  alleged 
for  protesting  against  the  three  resolves  of  Chapter,  mentioned  in  your 
letter  to  us.  Here  follows,  with  renewed  emphasis,  the  application  of  the 
foregoing  principles,  to  the  objections  as  formulated  by  the  Southern  District, 
on  each  of  the  three  counts,  a  bishopric,  a  school,  and  incorporation.  Then 
comes  a  review  of  the  Suppression  of  the  Society  and  its  effects  upon  the 
clerical  status  of  the  ex-Jesuits.13 

[AY//.]  ...  A  promise  is  made  by  Chapter,  "  as  far  as  they  are  competent," 

(d)  Always. 

(e)  And  we  make  no  doubt,  but  the  Bishop  for  the  time  being  will  be  glad  to  put  the  school  under  the 
care  of  the  Jesuits,  whenever  he  has  the  happiness  to  see  them  in  a  capacity  of  taking  the  charge  of  it. 

'•  This  is  not  clearly  stated  from  any  point  of  view,  historically  or  canonically.  But 
the  purport  of  it  agrees  with  passages  in  Carroll's  papers.  See  No.  178,  Q2,  note  87. 

13  For  a  part  of  this,  see  supra,  No.  141,  E-G.  Three-fifths  of  this  document  B 
till  remaining,  we  add  only  a  couple  of  extracts  here  in  the  text. 


§  12]  No.  154.     AGREEMENT,    1787  679 

to  reinstate  the  Society  in  her  former  rights,  if  she  should  ever  revive  in 
this  country  ;  and  it  will  never  be  in  the  power  of  a  Bishop,  without  the 
consent  of  Chapter,  to  frustrate  this  resolve,  particularly  as  he  is  secluded 
from  all  share  of  government  in  our  temporal  affairs.14  The  burden  of 
maintaining  a  Bishop,  if  it  can  be  so  called,  will  be  no  clog  to  the  Society, 
if  it  be  now  granted  by  the  absolute  proprietors,  before  any  claim  can 
arise  from  a  body  not  yet  existing ;  which  will  on  its  revival  have  a  right 
under  our  promise  to  claim  the  property  we  (f)  shall  then  be  possessed 
of ;  it  will  also  have  a  very  ample  support  for  its  members.  We  do  not 
see  how  "  we  should  deprive  ourselves  of  the  power  of  re-entering  the 
Society,  without 15  forfeiting  our  rights  to  a  maintenance  from  our 
present  estates,"  when  the  members  who,  it  may  be  presumed,  would 
re-enter  are  in  possession,  and  would  keep  possession  of  them  till  that 
period. 

[x/r.]  ...  It  is  but  natural  that  one  of  our  own  choosing  must  be  main- 
tained by  us  ;  and  we  cannot  conceive  how  the  present  Superior  [GarrolU 
can  be  maintained  16  without  an  injustice  to  the  Society,  if  it  would  be  an 
injustice  to  maintain  a  Bishop ;  unless  you  will  admit  that  an  injustice 
can  only  be  applicable  to  the  quantum  and  not  ad  rem.  .  .  . 

That  the  spirit  of  God  may  open  our  eyes  on  this  important  occasion  is 
the  earnest  prayer  of 

Rev.  Gentlemen, 

Your  most  affectionate  Brethren, 

J.  [T.  ?]  DlGGES.     J.  ASHTON.     C.  SEWALL.     SVLV.  BoARMAN.    J.  CARROLL. 

Georgetown  College  Transcripts,  1787,  Feb.  7,  Carroll  to  a  member  of  the 
Southern  District;  a  copy  (by  SJiea?),  4  pp.  fol.  Ibid.,  MSS.,  letter  of  the 
Chapter  to  the  Southern  District  (Feb.,  1787) ;  a  copy  appended  without  date, 
ff.  5"-12,  to  the  Proceedings  of  the  General  Chapter  in  the  year  1786, 
'13-24  Nov.,  ff.  1-5;  all  in  fol. — Md.-N.T.  Province  Archives,  45,  Seivall's 
original  draft,  19  pp.  of  a  4to  cahier ;  pp.  1-8,  9,  18,  19.  Cf.  No.  150,  p.  639, 
description  of  tliese  Sewall  papers. — Baltimore  Diocesan  Archives,  9  K,  Carroll's 
original  draft  of  the  letter,  7  Feb.,  1787,  heavily  corrected ;  4  pp.  4to.  The 
following  postscript  is  crossed  out :  Be  pleased  to  preserve  this  letter,  as  I  have 
no  time  to  take  a  copy. 

No.  154.  1787,  February-March. 

The  agreement,  without  conditions.  The  opposition  yielded  at  once, 
upon  all  the  points  of  debate.  Still,  if  the  principles  of  both 
parties  were  the  same,  and  the  application  of  principles  to  circum- 
stances became  identical  in  the  present  instance,  it  was  not  every 

(f)  Have  promised  her  and  which  we. 

14  No.  146,  F.     Cf.  No.  162,  J,  where  John  Ashton,  11  Oct.,  1802,  presses  this 
article  of  the  Chapter  government  against  the  admission  of  Bishop  Carroll  into  the 
Board  of  Trustees.     Carroll  himself  signed  the  present  letter  (Feb.,  1787). 

15  I.e.  except  at  ttie  cost  of? 

16  That  is,  with  an  extra  allowance,  because  he  is  Superior.     Cf.  Nos.  148,  A,  14? ; 
150,  B,  [v.].     Otherwise,  his  allowance  as  a  mere  member  would  be  only  £30  currency' 
See  No.  147,  C,  [//.],  2? 


680  No.  154,  A-C.     AGREEMENT,    1787  [IV 

application  of  the  same  premises  which  commanded  the  assent  of 
all,  as  some  later  documents  show. 

A.  1787,  March  29. 

Carroll,  Rock  CreeJc,  29  Mar.,  1787,  to  Plowden.  Surrender  of  the 
opposition. 

MY  DEAR  SIR, 

I  wrote  you  very  fully  a  few  weeks  ago.  I  have  now  only  to 
add,  that,  since  the  sending  off  of  that  letter,  the  gentlemen,  who  had 
shown  some  opposition  to  the  business  mentioned  in  it,  have  seen  the 
reasonableness  of  the  intended  establishment,  and  of  the  application  to 
Rome  for  a  Diocesan ;  and  are  as  urgent  as  any  to  have  them  carried  into 
execution. 

Out  of  this  number  I  except  the  gentleman  particularly  mentioned  in 
my  last.  I  have  my  doubts  whether  anything  could  remove  his  opposition, 
but  an  assurance  that  the  whole  government  of  the  Academy  should 
reside  in  him  ;  and  that  he  should  be  the  first  Bishop  of  the  American 
Church. 

Therefore,  as  perfect  unanimity  now  prevails  amongst  us,  I  recommend 
again  and  again  to  your  consideration  the  points  of  my  former  letter ; l 
and  I  shall  immediately  write  to  Mr.  Thorpe  on  the  subject  of  both 
resolves,  particularly  concerning  a  Bishop.  If  possible,  I  will  interest  our 
government  in  the  success  of  the  application ;  but  not  till  I  find  it 
necessary.  Compliments. 

B.  1788,  May  10. 

Carroll,  Baltimore,  10  May,  1788,  to  Rer.  W.  O'Brien,  New  YorTc.  An 
explanation  of  how  Carroll  became  practically  the  sole  agent  in  promoting  an 
episcopal  form  of  government. 

The  visit  of  Sign.  Filicchi  (Leghorn)  to  New  York.  Antecedent  circum- 
stances and  measures  in  the  matter  of  the  bishopric.  Two  other  gentlemen 
[Molyneux  and  Ashton]  were  appointed  beside  myself  to  transact  this 
business,  and  they,  as  happens  to  easy  people  like  myself,  devolved  the 
whole  trouble  of  framing  memorials,  petitions,  etc.,  on  me.  The  present 
urgency,  owing  to  the  affair  of  Nugent  (New  York). 

C.  1790,  January  19. 

Carroll,  Baltimore,  19  Jan.,  1790,  to  the  Rev.  Francis  Neale,  St. 
Thomas's  Manor  (Southern  District).  An  appeal  for  a  mutual  and  general 
understanding  on  the  subject  of  the  Society  and  its  future  prospects. 

Acknowledgment  of  letter  received  from  F.  Neale,  under  date  of  16  Dec., 
(1789). 

1  No.  152,  C,  28  Jan.,  17S7,  ff.  1-6. 


§  12]  No.  154,  C.     AGREEMENT,    1787  681 

I  am  sorry,  that  ray  information  respecting  your  Brother  '2  proved  to 
be  unfounded.  I  have  no  alternative  left  at  present  than  to  allow  of  your 
remaining  some  time  in  your  present  employment,  and  abandoning  the 
poor  congregations  up  the  country  to  such  temporary  provision,  as  can  be 
made  for  them  by  the  charitable  visits  of  clergymen,  who  can  find  a  few 
days  to  spare. 

I  own  to  you,  that  I  cannot  reconcile  your  opinion  of  the  gentlemen 
of  this  district 3  with  that  candour  and  charity,  which  belong  to  your 
character.  A  total  conformity  of  opinions,  even  in  every  point  respecting 
the  Society,  is  not  to  be  expected.  All  of  them,  as  far  as  I  know,  esteem 
it  as  much  as  you  possibly  can ;  but  none  of  them  will  dare  to  say  it  is 
necessary,  because  they  know  that  providence  is  not  tied  down  to  any 
particular  instrument  for  effecting  its  purposes,  but  is  able  to  compass 
them  by  a  thousand  ways  unknown  to  us.  While  I  see  the  gentlemen 
labour  for  the  salvation  of  souls  by  teaching,  preaching  and  catechizing, 
and  all  other  functions  of  the  ministry,  I  shall  judge  no  less  from  their 
actions  than  their  words,  that  they  are  full  of  those  sentiments  inwardly, 
which  to  me  they  have  always  professed.  When  you  say,  that  "all  mis- 
understanding amongst  us  has  arisen  from  an  affection  or  disaffection  to 
this  one  point,"  you  evidently  show  that  you  have  been  exceedingly  mis- 
informed ;  for  it  is  notorious,  that  the  only  misunderstanding  of  which  I 
have  any  recollection  sprang  from  a  cause  totally  different  and  foreign  to 
the  Society.4  If  any  other  misunderstandings  have  been,  excepting  this 
one  to  which  I  allude,  they  have  either  been  unknown  to  me,  or  were  of 
so  little  account  as  to  escape  my  remembrance.  My  Dear  Mr.  Neale,  do 
not  let  yourself  be  diverted  from  sending  [to  Europe]  for  co-operators,  or 
exerting  all  your  endeavours  to  render  every  assistance  in  your  power 
to  the  spiritual  welfare  of  your  country.  You  are  in  possession  of  my 
sentiments  and  earnest  intentions  in  behalf  of  the  Society.  I  adhere  to 
them  most  firmly.  But,  if  I  were  even  to  find  that  some  of  my  Brethren 
were  not  so  warmly  affected  to  it  as  myself,  it  should  not  make  me  relent 
in  my  endeavours  to  procure  fresh  supplies  to  the  country  missions,  nor 
would  I  lose  all  esteem  for  those,  who  did  not  think  exactly  as  I  did ;  I 
would  consider  those  to  be  disturbers  of  public  peace  who  would  prejudice 
me  or  my  other  Brethren  against  them  on  that  account.  Perhaps  I  might 
view  matters  in  the  same  light  as  you,  had  I  just  come  out  of  a  college, 
after  having  lived  only  with  them  who  were  trained  in  the  same  uniform 
way  of  thinking,  speaking  and  acting.  But  you  will  find  by  experience, 
that  men  may  think  very  differently  even  on  subjects  interesting  to  the 

1  Charles  Neale  and  his  return  from  Europe  ? 

3  TJie  Middle  District. 

4  Tlie  misunderstanding  to  which  F.  Neale  referred  seems  to  be  the  general  differ- 
ence of  opinion,  which  called  forth  the  elaborate  documents,  Nos.  153,  A,  B ;  in  both  of 
them  the  Society  being  the  subject  of  discussion.      The  misunderstanding  to  which 
Carroll  refers  seems  to  be  the  particular  issue  of  Diderick  versus  Ashton  (Nos.  152,  C  ; 
153,  A  ;  154,  A). 

VOL.   I.  2   Y 


682  Nos.  154,  D;    155,  A.      THE  SOCIETY,    1788,   1789  [IV 

conduct  of  religious  affairs,  without  therefore  deserving  to  be  utterly 
distrusted.  Thus  you  will  think  in  a  few  years  more.  Pray  for  me.  I 
am  with  the  utmost  regard, 

Dear  Sir, 

Yours  affectionately  and  sincerely, 

J.  CARROLL. 

Postscript,  in  ichich  he  speaks  of  a  recruit  from  among  the  students  of 
Liege.5 

D.  1790,  March  16. 

Carroll,  Baltimore,  16  Mar.,  1790,  to  Plowden.  On  the  delusive  hope  of 
seeing  the  Society  restored.  The  necessity  of  such  a  body. 

On  the  success  of  the  patriots  in  Flanders  and  Brabant.  My  Brethren 
here  have  been  deluding  themselves,6  for  a  long  time,  with  ideas  of  a 
restoration,  founded  on  what  appeared  to  me  very  shallow  support  indeed. 
But  at  present  I  cannot  help  thinking,  that  the  late  convulsions  in  Europe, 
when  traced  to  their  real  sources,  must  discover  to  every  thinking  mind 
the  necessity  of  a  virtuous  education,  and  of  encouraging  men,  capable 
of  conducting  the  rising  generation  thro  all  the  degrees  of  moral,  religious 
and  literary  improvement.  On  whom  then  can  the  governing  powers 
turn  their  eyes,  but  on  those  who  are  trained  under  the  discipline  of  the 
Society  ?  A  few  seminaries  or  universities  may  be  indeed  supplied  with 
excellent  instructors  without  recurring  to  them.  But  numerous  professors, 
sufficient  to  fill  the  chairs  of  every  considerable  town,  cannot  be  formed  and 
held  to  their  duty,  except  it  be  in  a  body  constituted  as  the  Society.  .  .  . 

Md.-N.  Y.  Province  Archives,  1787,  Mar.  29,  Carroll,  Rock  Creek,  to 
Plowden;  2pp.  4to,  No.  14.  Ibid.,  1790,  Jan.  19,  Carroll,  Baltimore,  to 
Francis  Neale,  St.  Thomas's  Manor ;  4  pp.  4to,  No.  15.  Ibid.,  1790,  Mar.  16, 
Carroll,  Baltimore,  to  Plowden ;  2  pp.  4to,  No.  27 ;  his  last  letter  before  receiving 
the  bull  of  January,  1790,  appointing  him  bishop. — American  Catholic  Historical 
Researches,  viii.  57,  Carroll,  Baltimore,  10  May,  1788,  to  Rev.  W.  O'Brien, 
St.  Peter's  Church,  New  York  ;  an  extract. 

No.  155.  1788, 1789. 

The  revival  of  the  Society  projected  in  1788, 1789  :  election  of  Carroll 
to  the  bishopric. 

A.  1786,  July  11. 

Carroll,  Hock  Greek,  11  July,  1786,  to  Plowden.  The  MS.  account  sent 
by  the  latter,  on  the  preservation  of  the  Society  in  Hmsia. 

MY  DEAR  SIR, 

At  my  return  to  this  place  the  8th  inst.,  after  a  long  absence, 
I  found  your  two  most  acceptable  favours  of  Aug.  26th,  1785,  and  March 

5  The  statement  of  vieivs  in  this  letter,  first  on  the  subject  of  affection  for  the  Society, 
secondly  on  the  practicability  of  the  Order's  restoration,  agrees  with  much  that  follows 
in  Carroll's  policy,  and  explains  the  antipathy  manifested  towards  him  by  members  of 
the  Ncale  party.     Tlicse  considered  him  wavering  or  double  in  his  views. 

6  Compare  No.  142,  A,  ad  fin.,  p.  609. 


§  12]  No.  155,  B,  C.     THE  SOCIETY,    1788,    1789  683 

19th,  1786;  and  at  the  same  time  your  invaluable  MS.  account  of  the 
remnant  of  the  Society,  miraculously  preserved,  as  it  seems,  to  be  the 
seed  of  a  future  generation.  I  have  read  it  with  great  eagerness  and 
infinite  pleasure ;  but  had  not  time  to  make  myself  master  of  the  history, 
before  the  impatient  demands  of  our  worthy  Mr.  Digges  drew  it  out  of 
my  hands.  To  him  I  have  now  sent  it ;  and  presume  that  it  will  go 
through  the  inspection,  and  contribute  to  the  edification  of  the  curious 
amongst  our  Brethren,  before  I  shall  be  able  to  recover  it.  On  this 
occasion,  I  cannot  help  congratulating  myself,  and  even  returning  thanks 
to  heaven,  for  the  opportunities  afforded  me  in  Italy  and  at  Bruges,  to 
perfect  my  acquaintance  and  intimacy  with  you ;  as  I  owe  to  that,  not 
only  the  pleasure  of  your  most  valuable  correspondence,  but  many 
advantages,  public  and  private,  which  I  have  derived  from  it.  Carroll's 
correspondence  with  Antonelli.1 

B.  1786,  November  13. 

Carroll,  Rock  Creek,  13  Nov.,  1786,  to  Plowden.  Hopes  of  the  restoration 
of  the  Society,  through  the  benevolent  action  of  schismatical  Russia. 

On  Thorpe's  services  in  Rome.  I  informed  you  in  my  last  of  the 
receipt  of  your  most  valuable  MS.,  which  may  be  called  the  history 
of  a  providential  deliverance  of  the  Society  from  utter  destruction.  If 
wickedness  and  an  infidel  spirit  were  not  so  prevalent,  as  to  make  us  fear 
the  effects  of  God's  justice  rather  than  His  mercy,  I  should  have  most 
sanguine  hopes  of  an  union  of  the  Greek  and  Latin  Churches,  and  a 
consequent  re-establishment  of  the  Society.  Indeed,  as  matters  stand, 
I  greatly  hope  it.  .  .  .' 

C.  1788,  April  25. 

Circular  of  Maryland  ex-Jesuits  on  a  restoration  of  the  Society  in 
America.  Signatures  added  autograph. 

Ap.  25,  1788. 
MOST  ESTEEMED  AND  REVEREND  BRETHREN, 

It  is  with  the  greatest  distress  of  mind  that  we  consider  the 
various  disturbances,  which  have  agitated  us  in  this  part  of  the  world, 
since  the  destruction  of  the  Society  of  Jesus.  Upon  our  exclusion  from 
that  happy  government,  we  sincerely  endeavoured  to  obviate  every  incon- 
venience by  substituting  another  form  of  government,  proportioned,  as 
nearly  as  we  could  judge,  to  the  circumstances  in  which  we  found  our- 
selves. But  it  seems  that  this  established  form  has  not  produced  that 
harmony  and  regularity,  without  which  all  is  thrown  into  confusion,  and 
we  [are]  compelled  to  surrender  the  idea  of  ever  enjoying  true  comfort 
or  happiness  amidst  the  fatigues  of  our  laborious  Mission.  This 

1  See  No.  149,  G. 

2  Carroll  returns  to  the  same  subject  in  tlie  same  vein,  22  Jan.,  1787  (next  letter  to 
Ploivden,  No.  13). 


684  No.  155,  D.     THE  SOCIETY,    1788,   1789  [IV 

uncomfortable  prospect  naturally  revives  the  memory  of  our  former  feel- 
ings and  ideas.  Our  eager  thoughts,  by  an  uncontrollable  biass,  fix  upon 
our  dear  and  ancient  Mother  the  Society,  whilst,  by  a  retrospective 
glance,  we  view  the  perfection  of  her  unparalleled  form  of  government, 
which  ever  preserved  the  most  perfect  union  among  her  members,  and, 
by  her  influencing  energy  filled  all  with  a  happiness  that  sweetened  their 
labours,  and  afforded  solid  comfort  in  difficulties  and  distress.  Yes, 
Rev?  Gentlemen,  we  conceive  this  government  of  the  Society  to  be  the 
only  one  that  can  procure  us  the  happiness  our  hearts  are  in  search  after. 
We  have  felt  her  controul,  we  have  experienced  her  influence,  which  has 
stamped  impressions  on  our  souls  not  to  be  erazed.  In  pursuit  of  this 
our  object,  we  will  not,  we  cannot  loose  sight  of  a  reunion  with  our 
darling  Mother,  till  such  time  as  Providence  shall  frustrate  our  active 
endeavours,  and  point  out  this  impossibility.  We  have  therefore  come 
to  a  full  determination  of  applying  for  this  reunion,  a  determination  not 
to  be  baffled  by  any  attempts.  We  most  sincerely  wish  for  the  unanimous 
concurrence  of  all  our  Brethren  in  this  important  affair.  However,  all 
being  free,  we  reflect  on  none.  We  solicit  none  to  subscribe  to  this 
determination,  but  such  as  are  of  the  same  sentiments  with  ourselves. 

They  propose  a  meeting  in  person  or  by  proxy  of  all  who  think  as  they  do. 
The  place  and  day :  St.  Thomas's  Manor,  Monday  following  the  third  Sunday 
of  July,  where  the  measures  to  be  adopted,  and  the  mode  of  application 
will  be  agreed  on.  They  define  the  order  of  the  day :  At  this  meeting  no 
business  will  be  admitted  of  but  the  discussion  of  the  point  herein 
specified.  They  commend  the  matter  to  the  prayers  of  all ;  and  they  close  : 
We  will  presume  to  sign  ourselves 

JAMES  WALTON,  IGN?  MATTHEWS,  JOHN  BOAEMAN,  AUSTIN 
JENKINS,  HENRY  PILE,  LEONARD  NEALE,  B.  U  ROELS, 
JOSEPH  DOYNE,  JOHN  BOONE,  SYLVESTER  BOARMAN,  FRAN  : 
BEESTON,  LAUR.  GRAESSL,  ROBT  MOLYNEUX, 

Children  of  Providence  and  dearly  loving  Brethren. 

Addressed :  The  Revl  Gentlemen  formerly  of  the  Society  of  Jesus  in 
Maryland  and  Pennsilvania.y 

D.  1789,  October  25. 

M.  Stone  (Liege),  25  Oct.,  1789,  to  Francis  Neale,  Portobacco,  Maryland. 
An  inquiry  about  the  aggregation  of  the  American  ex- Jesuits  to  Russia. 

Stone  apologizes  for  finding  himself  at  the  head  of  the  Academy.  Items. 
When  will  the  Society  revive  in  your  parts?  I  cannot  think  there 
can  be  any  opposition  on  the  side  of  the  Government ;  and  I  am  sure 
there  ought  not  on  the  side  of  the  Pope,  whose  power  and  jurisdiction,  as 
well  as  the  interest  of  religion,  stands  in  need  of  such  a  support.  I 

1  The  style  of  this  circular  is  very  tntich  like  L.  Neale's ;  and  his  name  appears 
about  last  among  those  pertaining  to  the  tfoiithern  District. 


§  12]  No.  156.     THE  NEW  CLERGY,   1789,   1790  685 

hope  you  will  remember  me  to  your  brother,  my  schoolfellow,  as  also 
to  Mr.  Molyneux,  Jenkins,  Sewall,  Boarman,  Beeston,  Eden,  and  his 
countryman  and  companion,4  whose  name  does  not  occur  at  present 
Recommend  me  to  their  prayers  and  tell  them,  I  long  to  see  ourselves 
united  by  the  same  religious  tie  as  formerly,  and  under  the  same  good 
mother  of  the  Society.  Messages. 

Md.-N.  Y.  Province  Archives,  1786,  July  11,  Carroll,  Rock  Creek,  to  Plowden ; 
4pp.  4to,  No.  11.  Ibid.,  1786,  Nov.  13,  Carroll,  Rock  Creek,  to  Plowden;  4  pp. 
fol.,  No.  12.  Ibid.,  1788,  Apr.  25,  circular  cm  restoration  S.J. ;  2  pp.  of  a  double 
fol.  sheet.  The  signatures  are  autograph,  and  may  have  been  appended  as  the 
letter  passed  round.  The  hand,  in  ivhich  it  is  written,  would  correspond  to  the 
signature  of  Austin  Jenkins.  Ibid.,  1789,  Oct.  25,  M.  Stone  (Liege)  to  F.  Neale, 
Portobacco,  Maryland :  Received  and  forwarded  by,  Sir,  Your  obedient  Serv^, 
Joshua  Johnson,  London,  10  Decembj  1789 ;  one  double  sheet,  the  end  of  a 
letter,  the  rest  of  which  is  lost. 

In  the  spring  of  1789,  eight  months  after  the  date  assigned  by  the 
thirteen  Fathers  for  the  meeting  on  aggregation  to  Russia,  the  com- 
mittee of  three  on  the  bishopric,  Carroll,  Molyneux,  and  Ashton, 
found  themselves  ready  to  report.  They  did  so  in  a  circular 
(25  Mar.,  1789),  narrating  what  steps  had  been  taken,  with  the 
happy  result  that  his  Holiness  had  now  given  them  formal  per- 
mission to  elect  a  candidate.  The  committee  determined  the 
method  of  the  said  election,  naming  the  three  local  committees  wlio 
should  examine  the  votes  of  the  Districts,  providing  for  absolute 
secrecy  and  freedom  of  choice,  and  ordering  a  return  of  the  poll 
at  the  end  of  April.  Excepting  only  one  vote,  the  election  was 
absolutely  unanimous.  Carroll  dolorously  and  reticently  gives 
Plowden  to  understand  what  the  result  had  been  (8  May,  12 
July,  17S9).5 

No.  156.  1789,  1790. 

The  Chapter  of  1789  and  the  new  accessions  to  the  American  clergy  : 
uniformity  of  treatment.  Contributions  towards  the,  support  of 
other  clergymen,  not  belonging  to  the  Select  Body,  were  made  to 
depend  upon  orthodoxy  and  proper  subordination  to  episcopal 
authority,  with  the  additional  requisite  of  rendering  positive 
service  to  the  Church.  Upon  these  conditions,  as  had  been  already 
provided  in  their  Constitution,  the,  Chapter  of  ex-Jesuits  contri- 
buted towards  the  support  of  clergymen  at  large,  and  admitted 
them  to  all  other  rights,  even  to  those  of  election  into  their  select 

1  GraeKsel?     See  No.  150,  N-,  note  51,  p.  661  med. 

5  Md.-N.  Y.  Province  Archives,  1789,  Mar.  25,  circular  to  the  Northern  District, 
3  pp.  4to ;  signatures  of  Carroll,  Molyneux,  and  Ashton,  autograph.  Ibid.,  1789, 
May  8,  July  12,  Carroll,  Baltimore,  to  Plowden ;  4  pp.  4to,  No.  21 ;  3  pp.  4to,  No.  22. 


686  No.  156,  A.     THE  NEW  CLERGY,    1789,   1790  [IV 

and  limited  Body,  and  of  election  also  to  any  offices  therein.  The 
power  exercised  by  the  Chapter,  in  dispensing  salaries  or  pecuniary 
aids  from  the  estates,  strengthened  the  hands  of  Carroll  in  the 
conduct  of  ecclesiastical  government.  We  begin  this  Number  with 
a  series  of  excerpts  on  the  incoming  clergy. 

A.  1789,  May  11-18. 

Proceedings  of  the  General  Chapter  met  at  the  White  Marsh.  The 
mode  of  nominating  in  future  to  the  bishopric. 

Members :  Northern  District,  Pellentz  and  Molyneux  ;  Middle,  Ashton 
and  Sewcdl ;  Southern,  Walton  and  Pile.1  After  assembling  on  11  May  : 

The  Procurator  General  informed  Chapter  that  he  had  officially 
requested  the  Superior  [CarroU~\  to  attend  Chapter,  as  his  advice  would 
be  wanting  in  some  matters  that  were  to  come  before  Chapter  ;  and 
Chapter  approved  thereof. 

The  Rev.  Mr.  Jno.  Carroll  Superior  attended  agreeably  to  request  on 
the  same  day.  On  the  last  day  of  their  meeting,  18  May : 

The  Chapter  considering  of  some  permanent  mode  of  appointing 
bishops  hereafter,  which  may  be  best  suited  to  the  circumstances  of  this 
country,  were  of  opinion  : 

1°  That  the  clergymen  of  the  United  States,  living  within  a  con- 
venient distance  from  the  residence  of  the  Bishop,  and  who  have  been 
approved  for  the  administration  of  the  Sacraments  during  three  years 
preceding  immediately,  ought  to  concur  in  the  election  of  the  Bishop. 

2°.  That  at  present  none  but  the  Clergy  residing  in  Maryland, 
Pennsylvania,  and  the  City  of  New  York,  are  within  a  convenient 
distance  for  this  purpose. 

3°.  That  the  clergymen,  as  above  described,  shall  be  parcelled  into 
divisions  consisting  of  six  members,  each  of  which  shall  choose  two 
electors  of  a  bishop  ;  and  the  divisions  shall  be  made  by  the  rectors  of 
Port-Tobacco,  Baltimore,  and  St.  Mary's  Church  of  Philadelphia. 

4?  That,  whenever  a  proper  requisition  is  made,  or  a  vacancy  happens 
by  death,  the  electors  shall  convene  at  the  usual  place  of  residence  of  the 
bishop,  unless  some  other  place  be  agreed  on,  within  one  month  after 
requisition,  or  notification  of  the  bishop's  death ;  and,  having  made 
public  profession  of  their  faith  as  contained  in  the  Creed  of  Pius  the 
Fourth,  shall  proceed  to  give  their  votes  signed  with  their  own  hands  for 
some  clergyman  within  the  diocese ;  and,  whoever  has  two-thirds  of  the 
votes  of  all  the  electors  present,  shall  be  the  person  duly  chosen.  But  if, 
after  two  scrutinies,  no  one  has  two-thirds  of  all  the  votes,  then  the 
election  shall  be  determined  by  a  majority  of  the  votes  of  all  the  electors 
present. 

1  Ignatius  Mattheivs,  who  died  a  year  later,  may  have  been  incapacitated  by  sick- 
ness from  accompanying  Walton  on  this  occasion. 


§  12]  No.  156,  B.     THE   NEW  CLERGY,    1789,  1790  687 

5?  That,  if  ever  it  should  be  thought  proper  to  appoint  a  Coadjutor, 
the  Ordinary  shall  convene  the  electors,  and  may  recommend  to  them  the 
person  he  judges  most  proper.  The  electors  shall  then  proceed  to  the 
election  in  the  manner  above  directed ;  but  the  bishop  shall  have  a  vote 
with  them ;  and,  if  it  so  happen  that  the  election  is  to  be  determined  by 
a  majority  of  votes,  the  bishop  shall  have  a  casting  one,  in  case  of  an 
equal  division. 

6?  That  this  plan,  if  approved  by  a  majority  of  the  clergymen,  who 
as  above  mentioned  ought  to  concur  in  the  election  of  a  bishop,  be 
powerfully  recommended  at  Rome  to  be  confirmed  by  the  authority  of 
the  H.  See. 

Ordered,  that  the  above  be  communicated  to  all  the  clergymen  in  the 
three  Districts,  and  that  their  sentiments  thereon  be  collected  by  the 
Rev.  Mr.  Molyneux  in  the  Northern  District,  by  the  Rev.  Mr.  Charles 
Sewall  in  the  Middle  District,  and  by  the  Rev.  Mr.  Ignatius  Matthews 
in  the  Southern  District  ;  and  that  the  above  Rev.  gentlemen  do  make  a 
report  thereon  to  the  Superior,  who  shall  notify  the  same  to  the  next 
General  Chapter. 

Ashton  is  confirmed  as  Procurator  General  till  next  meeting  of  General 
Chapter. 

Signed  in  behalf  of  Chapter, 

JAMES  WALTON. 

Md.-N.  Y.  Province  Archives,  1789,  May  11-18,  Proceedings  of  the  General 
Chapter  met  at  the  White  Marsh  ;4pp.fol.,  in  tuhat  seems  to  be  Walton's  hand, 
except  (18  May)  a  Supplement  to  the  14th  Section  of  the  Form  of  Government, 
and  the  request  that  Mr.  Seivall  revise  the  language,  etc.,  of  the  Constitution,  as 
infra,  L,  [//.]. 

B.  1788,  March  13. 

Carroll,  Maryland,  1-18  Mar.,  7755,  to  Plowden. 

On  the  German  part  of  the  congregation  at  Philadelphia.  I  appointed 
to  that  station  Mr.  Groesl,  a  most  amiable,  modest  and  learned,  as  well 
as  singularly  virtuous  gentleman.  But  a  couple  of  new-comers  got  a 
petition  presented  to  Dr.  Carroll,  for  one  of  them  to  remain  there  instead 
of  Groesl,  who  arrived  just  after  them.  This  I  positively  refused,  and, 
with  other  reasons  of  my  refusal,  gave  without  disguise  the  following  : 
viz.  that,  as  long  as  there  was  an  ex-Jesuit  alive,  willing  and  capable  of 
serving  a  congregation,  which  had  been  raised  by  that  body  of  men,  he 
should  have  the  preference.  The  malecontents  are  trying  to  erect  another 
church  for  the  Capucin,  both  of  whom  I  have  disposed  of  in  exceedingly 
good  places,  with  which  they  need  be  well  content ;  and  which  may  be 
called  paradises  in  comparison  of  what  poor  Mr.  Wapeler  and  his 
companions  found  at  and  long  after  their  settlement.  I  am  determined 
that,  if  I  get  certain  intelligence  of  these  Friars  fomenting  discord,  I  will 
revoke  their  faculties,  by  which,  according  to  our  articles  of  ecclesiastical 


688  No.  156,  C-E.     THE  NEW  CLERGY,    1789,   1790  [IV 

government,  they  will  lose  their  maintenance.2      On  the  communications 
from  Thorpe,  Borne. 

C.  1789,  May  8. 

Carroll,  Baltimore,  8  May,  1789,  to  Plowden. 

He  mentions  other  categories  of  troublesome  clergymen.  He  names  some 
specimens  in  Boston  and  in  the  Illinois  country.  O  poor  Jesuits  !  when 
shall  we  have  you  again  ?  You  communicated  in  your  last  some  dubious 
information  concerning  them.  I  have  been  so  often  the  dupe  of  my 
hopes,  that  I  am  become  very  incredulous  to  reports  of  any  favourable 
turn  in  their  affairs.  .  .  . 

D.  1789,  July  12. 

Carroll,  Baltimore,  12  July,  1789,  to  Plowden. 

He  describes  the  scandal  of  Abbe  La  Poterie  at  Boston.  He  soon  after 
discovered  himself  to  be  an  infamous  character.  His  faculties  are 
revoked,  and  he  now  proceeds  to  every  abuse  against  me  as  a  Jesuit, 
aiming  at  nothing  in  all  my  manoeuvres,  but  to  re-establish  the  Order 
here,  under  the  title  of  American  Clergy.  It  is  singular  enough,  that 
some  of  our  own  friends  are  blaming  me  for  being  too  irresolute  or 
indifferent,  for  not  adopting  their  most  intemperate  councils  with  respect 
to  restoring  the  Society ;  whilst,  on  the  other  hand,  Smyth,  the  Abbe 
and  others,  are  accusing  me  of  sacrificing  to  this  intention  the  good  of 
religion.  La  Poterie  will,  no  doiibt,  misrepresent  Carroll  to  Roman 
authorities. 

E.  1789,  October  23. 

Carroll,  Baltimore,  33  Oct.,  1789,  to  Plowden. 

.  .  .  Your  condolance n  would  have  suited  better  the  situation  of  my 
mind  ;  every  day  furnishes  me  with  new  reflections,  and  almost  every 
day  produces  new  events,  to  alarm  my  conscience,  and  excite  fresh 
sollicitude  at  the  prospect  before  me.  You  cannot  conceive  the  trouble  I 
suffer  already,  and  still  greater  which  I  foresee,  from  the  medley  of 
clerical  characters  coming  from  different  quarters  and  various  educations, 
and  seeking  employment  here.  I  cannot  avoid  employing  some  of  them, 
and  they  begin  soon  to  create  disturbance.  As  soon  as  this  happens, 
they  proceed  to  bring  in  Jesuitism,  and  to  suggest  that  everything  is 
calculated  by  me  for  its  restoration ;  and  that  I  sacrifice  the  real  interests 
of  religion  to  the  chimerical  project  of  reviving  it.  He  names  the  classes 

-  Cf.  Nos.  146,  H,  16?  ;  147,  C,  [//.],  4° ;  149,  B,  4° ;  150,  M,  3°.  Cf.  No.  114,  Q, 
ad  fin.,  where  Carroll  observes  to  Grassi  (21  Feb.,  1815)  that  the  secular  priest 
Pasquet,  his  manager  at  Bohemia,  is  in  my  power,  seemingly  through  Carroll's  control 
over  the  gentleman's  temporal  maintenance. 

3  At  the  result  of  the  election  (No.  155,  p.  685). 


§  12]  No.  156,  F,  G.     THE  NEW  CLERGY,    1789,   1790  689 

of  persons  whom  he  finds  most  intolerable.     To  a  great  deal  of  ignorance 
they  join  a  most  consummate  assurance.   .  .  .J 

F.  1790,  February  24. 

Carroll,  Rock  Creek,  24  Feb.,  1790,  to  Plowden. 

After  speaking  with  approbation  of  Rev.  Mr.  Thayer  at  Boston,  and  of 
the  Irish  Dominican,  Father  Fleming,  now  at  Philadelphia,  he  describes  one 
class  of  volunteers.  They  are  the  least  calculated  for  foreign  missions ; 
they  have  proved  turbulent,  ambitious,  interested,  and  they  unite  much 
ignorance  with  consummate  assurance.  .  .  . 

G.  1790,  September  7. 

Bishop  Carroll,  London,  7  Sept.,  1790,  to  Plowden,  Lullworth. 

Thorpe  announces  that  Father  Cloriviere  (Pigot)  is  a  candidate  for 
America. 

To-day  likewise  I  had  a  letter  from  Cardinal  Antonelli 5 — very 
affectionate  and  flattering.  In  the  latter  part  he  informs  me  of  his 
having  received  a  letter  full  of  complaints  and  invectives  against  me 
from  La  Poterie;  which  he  and  the  Congregation  utterly  disregarded, 
and  only  felt  indignation  against  the  writer.  But  then  he  goes  on  to 
inform  me,  that,  it  having  been  asserted  by  him  and  others,  that  great 
heats  were  raised  in  America  on  account  of  pretended  favour  to  Ex- 
Jesuits,  the  Congregation  iiitreats  me — rogamus  te  atque  veliementer 
in  Domino  hortamur,  ut  quam  longissime  omnem  removeas -suspicionem, 
\deside\rAVQ  vos  (a)  isthic  restitutionem  Societatis  olirn  vestrae,  potius 
qu[am]  Catholicae  fidei  propagationem  atque  incrementum ;  atque  id  po- 

tissimum obtinebis (b)  si  non  modo  socios  Exjesuitas  adhibeas  in  partem 

sollicitudinis  tuae,  verum  etiam  alios,  aliorumve  Ordinum  sacerdotes,  prius 
tamen  per  te  probatos,  ac  praesertim  tibi  ab  Archiepiscopo  Mechliniensi 
commendatos,  vel  eos  qui  in  seminariis  Sti.  Sulpicii  et  Missionum 
Exterarum  aliti  atque  educati  sunt,  quorum  copia  in  ista  Galliae  per- 
turbatione  tibi  rnagna  erit.  Quaere  igitur  duntaxat,  non  quae  tua  sunt, 
sed  quae  Jesu  Christi,  atque  ea  pruclentia,  consilio  et  pietate,  aliisque 
virtutibus  quibus  hactenus  floruisti,  perge  Ecclesiam  istam  regere  ac 
gubernare,  ut  in  omnibus  honorificetur  Deus  et  Pater  Domini  Nostri 
Jesu  Christi,  cui  gloria  et  imperium  in  saecula  saeculorum.  Amen." 

(a)  Sic,  plural.  (b)  Sic,  singular. 

4  In  this  letter  Carroll  describes  the  irreligious  French  people  scattered  through 
the  United  States.      They  disseminate  the  principles  and  practice  of  infidelity.    In 
Baltimore,  the  good  Catholic  Acadians   have  suffered  in  consequence :    They  have 
corrupted  here,  almost  entirely,  the  principles  of  a  numerous  body  of  Acadians,  or 
French  Neutrals,  and  their  descendants,  who,  being  expelled  by  the  English  from 
Nova  Scotia  in  the  war  of  1755,  settled  and  increased  here. 

5  Dated  14  Aug.,  1790. 

6  Cf.  Georgetown   College    Transcripts,   1780-1823,   Antonelli,  14  Aug.,  1790,  to 
Carroll;    Shea's  excerpts.     In   the  plural  clauses  of  the  Latin  extract  quoted   by 
Carroll,  the  Cardinal  Prefect  seems  to  be  addressing  that  local  clergy  of  ex-Jesuits 


690  No.  156,  H,  J.     THE  NEW  CLERGY,    1789,   1790  [IV 

On  the  other  side,  I  received  a  letter  last  night  from  our  worthy 
Mr.  Francis  Neale,  who  continues  in  his  old  stile  to  urge  the  re- 
establishment  in  spite  of  every  prudential  reason  against  the  attempt, 
till  Divine  providence  opens  a  better  prospect.  .  .  ,7 

H.  1790,  September  13. 

Carroll,  King's  Street,  (London),  13  Sept.,  1790,  to  Plowden,  Lullworth. 

...  I  had  a  long  letter  from  Mr.  Thorpe  yesterday  of  Aug.  21.  It 
chiefly  turns  on  the  subject  of  Cardinal  Antonelli  being  haunted  with 
fears  of  the  revival  of  the  Society  in  America.  I  think  it  is  providential 
that  his  alarms  have  been  raised  since  the  issuing  of  the  bull  for  erecting 
the  See  of  Baltimore.  I  suspect  that  otherwise  it  would  have  been 
refused.  I  shall  now  write  to  the  Cardinal  in  plain  language  on  the 
subject.  .  .  . 

J.  1790,  September  27. 

Carroll,  London,  27  Sept.,  1790,  to  Antonelli. 

On  the  calumnies  of  La  Poterie  and  Smyth.  If  the  suspicion  mentioned 
by  the  Cardinal  has  taken  its  rise  in  such  sources,  there  is  no  avoiding  it, 
since  cupidity,  ambition,  or  hate  never  ceases  to  devise  fictions :  Si  ex  ejus- 
modi  fontibus  oriatur  suspicio,  quam  jam  existere  intellexi  ex  litteris 
tuis,  Eme.  Card.,  nunquam  ilia  declinari  poterit,  cum  nunquam  defuturi 
sint,  qui  per  fas  et  nefas  oinnia  congerent,  ut  suis  vel  cupiditatibus,  vel 
ambitioni,  vel  odio  satisfaciant.  The  new-comers  have  their  eyes  on  the 
best  places,  and,  not  getting  them,  become  discontented.  The  ex- Jesuits  were 
beloved  by  their  flocks,  and  could  not  be  removed  merely  to  accommodate 
others.  Since  Carroll  has  been  ecclesiastical  Superior,  he  has  commissioned 
thirty  priests  for  the  ministry ;  and  of  these  only  seven  were  ex-Jesuits,  four 
of  them  being  Marylanders.  On  Philadelphia.  The  Sulpicians? 

whom,  eight  months  before  in  the  name  of  the  Sacred  Congregation,  he  had  honoiired 
with  the  epithet,  praestantissimus  iste  presbyterorum  conventus,  that  electoral  body 
so  disinterestedly  unanimous  in  nominating  Carroll  for  the  bishopric  (ibid.,  1789, 
14  Nov. ;  Shea's  copy).  He  entreats  them  to  give  no  ground  for  the  suspicion  that  they 
desire  to  see  "  their  quondam  Society  "  revived  in  tliose  parts  of  the  world,  rather  than 
the  Catholic  faith  propagated  and  increased.  Then,  turning  to  Carroll  in  the  singular, 
he  shows  the  new  bishop  how  to  effect  this,  by  bringing  in  other  priests,  those  from 
Malines,  the  Sulpicians  of  France,  and  the  members  of  the  French  Congregation  of 
Foreign  Missions. 

7  Along  with  Cardinal  Antonelli' s  letter  of  14  Aug.,  there  came  to  Carroll  a  letter 
of  the  Archbishop  of  Rhodes,  Nuncio  in  Paris,  telling  him  that  the  Sidpicians  were 
willing  to  go  and  find  occupation  in  America,  and  that  without  charge  to  him  or  the 
faithful  (4  Aug.,  1790  ;  Georgetown  College  Transcripts,  under  date).     The  progress  of 
'negotiations  with  the  Sulpicians,  and  the  account  of  their  settlement  in  Baltimore, 
appear  with  considerable  detail  in  Carroll's  letters  to  Plowden,  from  London,  1790,  and 
from  Baltimore,  1791  (Md.-N.  T.  Province  Archives,  London,  1790,  Sept.  13,  No.  29 ; 
Sept.  25,  No.  31 ;  Oct.  4,  No.  33;  Baltimore,  1791,  Mar.  21,  No.  35;  June  11,  No.  36). 
For  the  subsequent  course  of  events,  see  infra,  No.  170  seq. 

8  Thirty  priests  commissioned  by  Carroll  since  his  appointment  as  Prefect,  seven  of 
them  being  ex-Jesuits,  signified  an  accession  of  twenty-three  non-Jesuits.    Deducting 
at  least  five  of  these,  as  Carroll  summarized  them :  the  Nugents  and  Smiths  and 
Koans  from  Ireland,  and  these  latter  Frenchmen,  viz.  the  French  Abbe  in  Boston, 


§  12]  No.  156,  K.     UNIFORMITY  OF  TREATMENT  691 

Md.-N.  Y.  Province  Archives,  Carroll,  Maryland,  1788,  Mar.  1,  to  Plowden, 
dating,  f.  2,  Mar.  13,  5  pp.  4to,  No.  17 ;  same  to  same,  from  Baltimore,  1789, 
May  8,  4pp.  4to,  No.  21 ;  same  to  same,  from  Baltimore,  1789,  Oct.  23,  4pp.  4to, 
No.  23 ;  same  to  same,  from  Rock  Creek,  1790,  Feb.  24,  4  pp.  4to,  No.  26  ;  same 
from  London  to  same  at  Lullworth,  1790,  Sept.  7,  4pp.  4to,  No.  28 ;  same  from 
King's  Street,  London,  to  same,  1790,  Sept.  13,  3  pp.  4to,  No.  29. — Georgetown 
College  Transcripts,  4  A^^g.,  1790,  the  Paris  Nuncio  to  Carroll ;  cf.  J.  G.  Shea, 
History  of  the  Catholic  Church  in  the  United  States,  ii.  377,  where  he  has 
August  24.  Ibid.,  14  Aug.,  1790,  Antonelli  to  Carroll ;  Shea's  excerpts, 
1780-1823.  Ibid., 27  Sept.,  1790,  Carroll,  London,  to  Antonelli ;  cf.  Shea,  ibid., 
ii.  367,  368. 

K.  1789,  May  11-18. 

Proceedings  of  the  Chapter,  11-18  May,  1789.  Missionaries  provided 
for  in  Pennsylvania. 

On  the  German  Missions  and  that  at  Fredericktown,  whence  the  Chapter 
wish  to  withdraw  the  ex-Jesuit,  Mr.  James  Frambach,  placing  him  on  the  list 
of  invalids.  The  pension  paid  to  the  Recollect,  Father  John  B.  Causse, 
who  has  been  serving  the  congregations  at  Lancaster.  Resolved  : 

1?  That  the  Procurator  General  do  pay  to  the  Kev.  Mr.  Jno.  Cause 
the  sum  of  £35.3.4,  a  balance  due  from  the  time  he  commenced  to  serve 
the  congregations  of  Lancaster. 

2?  That  the  pension  of  £50.0.0  per  annum  do  commence  to  his 
successor  from  the  first  day  of  January,  1789. 

3°  That  the  sum  of  £40.0.0  T  ann.  be  allowed  to  the  Rev.  James 
Frambach  from  the  first  day  of  Jan?,  1787,  to  the  present  time,  and  that 
he  be  put  on  the  list  of  invalids  henceforward  ;  and,  on  condition  of  his 
retiring  to  Bohemia,  shall  be  allowed  £30.0.0  %**  ann.  clear  of  his 
board. 

4°  That  the  German  pensions9  be  drawn  for  by  the  two  German 
clergymen  living  at  Conewago,  by  the  one  at  Lancaster  and  the  one  at 
Philadelphia. 

5?  That  the  Conewago  estate,  after  receiving  the  above  salary,  do 
pay  the  sum  of  £40.0.0  sterling,  equal  to  £66.13.4  currency,  to  the 
Procurator  General  to  be  paid  by  him  to  the  clergyman  of  Frederick 
Town  in  part  of  his  salary;  and  that  the  sum  of  £10.0.0.  sterling, 
equal  to  £16.13.4  current  money,  be  added  out  of  the  General  Fund  to 
the  pension,  which  the  clergyman  of  Lancaster  is  to  draw  for  OH  the 
Bishop  of  London.10 

and  a  French  Friar  sent  to  the  Illinois  country  (cf.  supra,  C),  there  were  at  most 
eighteen  non- Jesuits  commissioned  and  in  service.  At  this  same  date  there  were 
twenty-one  ex-Jesuits,  of  whom  seventeen  appear  two  years  later  (1792)  among  the 
beneficiaries  of  the  Act  of  Incorporation  (cf.  infra,  No.  163,  A),  Frambach' 's  name 
having  dropped  out  of  that  list,  and  Ignatius  Matthews  being  deceased.  To  these  must 
be  added  the  names  of  Joseph  Doyne  and  John  Boone  (cf.  Nos.  150,  L2 ;  172,  A,  2'.'). 
9  Viz.  from  the  Sir  John  James  fund. 

10  Viz.  the  Sir  John  James  fund.  Of  all  the  clergymen  provided  for  here,  Causst 
and  Hclbron  at  Lancaster,  Pellentz  with  Cerfoumont  at  Coneioago,  Elling  at  Phila- 
delphia, only  one  was  an  ex-Jesuit,  Father  Pellentz.  Ooshenhoppen  was  already  in 
the  hands  of  a  secular  clergyman,  the  Rev.  Paul  Ernzten  (cf.  No.  108,  A-C),  since  the 
death  of  Father  De  Hitter.  (Cf.  Md.-N.  Y.  Province  Archives,  carton  A,  2,  a  quarto  page 


692  M>s.  156,  L;  157,  A.     THE  BISHOPRIC,   1789  [IV 

L.  1789,  May  16,  18. 

Proceedings  of  the  Chapter,  16,  18  May,  1780.  Supplementary  regula- 
tions for  the  clergy  in  general. 

[/.]  May  16.  ...  A  supplement  to  the  6th  Article  of  Rules  for  the 
particular  Government  of  Members  belonging  to  the  Body  of  the  Clergy. 
Resolved  by  Chapter : 

That  all  clergymen,  exercising  pastoral  functions  under  the  jurisdiction 
of  the  ecclesiastical  Superior,  say  one  Mass  every  month  for  all  deceased 
clergymen,  their  predecessors  in  the  vineyard  of  this  country.11 

[//.]  May  18.  A  supplement  to  the  14th  Section  of  the  Form  of 
Government.12 

Resolved  1°.  That,  in  the  opinion  of  Chapter,  it  would  be  a  great 
ease  to  the  ecclesiastical  Superior  and  facilitate  the  despatch  of  business 
to  appoint  in  each  District  a  Vicar  General. 

2°  That,  whenever  the  Vicar  General  of  a  District  shall  deem  it 
necessary  or  expedient  to  make  an  alteration  in  the  allotment  of  congre- 
gations depending  on  any  one  house,  he  shall  signify  the  same  to  the 
party  concerned  with  his  reasons  therefor,  as  far  as  prudence  and  charity 
will  permit.  And,  on  the  refusal  of  any  clergyman  to  comply  with  the 
new  allotment,  the  matter  shall  be  carried  before  the  ecclesiastical 
Superior,  whose  determination  shall  be  final. 

Resolved  also,  that  the  Rev.  Mr.  Charles  Sewall  be  appointed  to  revise 
the  language  and  methodize  the  arrangement  of  the  Constitution  for  the 
Government  of  the  Roman  Catholic  Clergymen  in  Maryland  and  Penn- 
sylvania. 

Md.-N.  Y.  Province  Archives,  1789,  May  11-18,  Proceedings  of  the  General 
Chapter,  as  above,  No.  156,  p.  687. 

No.  157.  1789,  1790. 

The  Chapter  of  1789  and  the  bishopric :  provision  made.  With 
respect  to  the  maintenance  of  a  bishop,  whom  they  had  nominated 
in  the  person  of  the  actual  Superior,  Dr.  Carroll,  the  members  of 
the  Chapter  voted  a  fixed  appropriation. 

A.  1789,  May  13. 

Proceedings  of  the  Chapter,  13  May,  1789. 

6?  That  the  pension  of  £126  sterling,  equal  to  £210  currency,1  be 
the  permanent  salary  of  the  Superior,  both  in  his  present  situation  and 

of  lists,  but  without  dates  (in  the  hand  of  Father  George  Femvick,  S.J.  ?).  Shea, 
History  of  the  Catholic  Church  in  the  United  States,  ii.  295,  and  passim.  Records, 
American  Catholic  Historical  Society,  v.  337,  S.  M.  Sener  on  Lancaster.) 

11  Cf.  No.  149,  C,  6? 

12  No.  147,  C,  [/.],  14?      At  the  date  of  drawing  up  the  14th  section  thus  supple- 
mented, there  was  not  as  yet  a  Prefect  Apostolic. 

1  Cf.  Nos.  150.  B,  [F.],  1?;  168,  A,  22"  The  sum,  £210  currency,  was  about  $560 
(currency).  Cf.  No.  148,  A,  14?,  note  5. 


§  12]  No.  157,  A.     THE  BISHOPRIC,    1789  693 

after  his  consecration ;  that  he  be  allowed  a  servant ;  and  that  the 
expences  attending  his  ordination  [episcopal  consecration]  be  paid  by  the 
Procurator  General  out  of  the  general  fund. 

The  existing  conditions  which  warranted  an  assignment  for   Bishop 
Carroll's  maintenance  were  several  in  number;  and   they  were 
supplemented  by  an  additional  one,  as  soon  as  the  act  of  incor- 
poration  was   obtained.      First,  he   was  an   ex-Jesuit,  and   by 
canonical  right  a  beneficiary  of  the  ex-Jesuit  estates.     Secondly, 
on  the  passing  of  the  Act  of  Assembly  (23  Dec.,  1793),  and  the 
consequent  legal  declarations  by  the  Trustees  (3  Oct.,  1793),  that 
the  beneficiaries  were  those  who  had  been  formerly  members  of  the 
Society  of  Jesus,  his  right  was  sanctioned  by  civil  law?     Thirdly, 
in  his  ecclesiastical  quality  as  bishop  he  fulfilled  the  conditions 
necessary  for  the   voting   of  supplies  from  the  Chapter   to   an 
Ordinary  ;  this  was,  that  he  had  been  freely  elected  by  the  Select 
Body  of  Clergy.     In  the  first  Chapter,  that  of  178^,  the  principle 
had  been  laid  down ;   That,  if  any  bishop  were  sent,  he  would 
not  be  entitled  to  any  support  from  the  present  estates  of  the 
Clergy.3      In   the  second    Chapter,    1786,    the  members  decreed 
that  the  representatives  of   the  clergy  of  the  United  States 
are  the  only  proper  persons  to  chuse  the  same  ; 4  and,  in  the 
circular  letter  written  by  Molyneux,  but  signed  in  the  name  of 
the  Chapter  by  Sewall,  the  urgency  of  securing  a  bishop  at  present 
was  referred  to  the  necessity  of  his  being  chosen  by  ourselves 
while  we  constitute  a  majority.5     In  the  letter  written  by  Sewall, 
but  sent  out  in  the  name  of  the  Middle  District,  they  enforced  the 
argument  for  a  bishop,  on  the  ground  that  he  should  be  of  their 
own  choosing,  and  undoubtedly  one  who  has  been  of  the  Society, 
and  is  yet  known  to  be  well  affected  towards  it.6   And  the  writer 
insisted :  It  is  but  natural  that  one  of  our  own  choosing  must 
be  maintained  by  us.7     This  salary  was  declared  by  the  resolu- 
tion  of    1789    to   be   permanent.8      All    the   conditions   being 
fulfilled  in  the  case  of  Leonard   Neale,  who  by   right  was   to 
succeed  Dr.  Carroll  as  Bishop   of  Baltimore,  a  similar  main- 
tenance was  declared  to  be  his,  on  precisely  the  same  terms? 

•  Nos.  164 ;  165,  B,  [//.] ;  167.     Cf.  No.  168,  A,  1",  2° 

3  No.  149,  B,  2°     Cf.  No.  168,  A,  22°  4  No.  151,  B,  3° 

5  No.  152,  B,  [///.i.  e  No.  153,  B,  rvm.l 

7  No.  153,  B,  [xiv.-]. 

8  Supra,  A.     Cf.  No.  117,  C,  note  8. 

9  No.  178,  Q,  Ip,  resolution,  11  Sept.,  1806,  where  L.  Neale  is  described  as  the 
succeeding  Bishop.     Cf.  No.  129,  A,  5?,  Marechal,  28  Jan.,  1823,  to  Gradwell. 


694  No.  157,  B,  C.     THE  BISHOPRIC,   1789  [IV 

B.  1789,  May  16. 

Proceedings  of  the  Chapter,  16  May,  1789.  Resolutions  on  the  general 
fund  lu  (to  which  the  bishop's  maintenance  was  referred). 

May  16.  To  the  end  that  harmony  may  be  preserved  between  the 
interest  of  the  General  and  District  Chapters,  resolved  : 

1"  That  the  estates  of  St.  Inigoes  and  Cedar  Neck  [at  St.  Thomas's]  u 
shall  be  immediately  subject  to  the  managers  of  those  estates,  with 
respect  to  the  appointment  of  the  tenants  and  receiving  of  the  rents 
thereof. 

2°  That  no  material  alteration  shall  be  made,  either  in  the  reduction 
of  rents  or  the  exchange  of  tenaments,  without  the  advice  and  consent 
of  General  Chapter,  or  of  the  Procurator  General  in  the  recess  of 
Chapter. 

3"  That,  where  any  such  exchange  or  reduction  shall  be  found  to  have 
been  made  to  the  benefit  of  the  manager's  part  of  the  estate  any  how 
prejudicial  to  the  interest  of  the  general  fund,  all  damages  arising  there- 
from shall  be  made  good  to  the  Procurator  General  from  the  manager 
who  shall  make  such  exchange  or  reduction,  and  be  placed  to  the  credit  of 
the  general  fund. 

C.  1790,  October  4. 

Carroll,  London,  4  Oct.,  1790,  to  Plowden.  Observations  on  the  income 
granted  him  by  the  Chapter. 

...  I  have  expurged  some  few  passages  of  your  account  of  the 
establishment  of  the  see  of  Baltimore.12  About  the  name  of  Maryland.  It 
was  not  proper  to  say,  that  the  clergy  have  appropriated  a  part  of  then- 
estate  to  the  Bishop  ;  for,  1.  it  must  not  appear  that  our  clergy  do  any 
corporate  act,  before  they  are  a  legal  corporation.  21y.  No  determined 
part  of  the  estate,  but  only  a  certain  income,  is  assigned  to  him ;  and,  if 
it  were,  this  would  be  saying  to  the  world,  that  we  have  by  private 
authority  made  the  Bishop,  what  lawyers  call,  a  corporation  sole.  Sly. 
Not  only  the  ex-Jesuit  missioners,  but  others  called  for  a  Bishop  ;  therefore 
it  ought  not  to  be  limited  to  them  alone.  .  .  . 

Md.-N.  Y.  Province  Archives,  1789,  May  13,  16,  Proceedings  of  the  General 
Chapter,  as  above,  No.  156,  p.  687.  Ibid.,  1790,  Oct.  4,  Carroll,  London,  to 
Plowden  ;  2  pp.  4to,  No.  33. 

Other  incidental  measures  were  taken  from  time  to  time  in  aid  of  the 
general  fund,  by  which  the  more  important  interests  had  to  be 
sustained. 

10  No.  146,  B. 

11  Cf.  No.  110,  F. 

12  For  the  Short  Account  as  published,  cf.  American  Catholic  Historical  Researches, 
vii.  162-165. 


§  12]  No.  158,  A,  B.     THE  ACADEMY,    1789  695 

No.  158.  1789. 

The  Chapter  of  1789  and  the  Academy.    Founding  Catholic  education. 

A.  1789,  May  15. 

Proceedings  of  the  Chapter,  15  May,  1789. 

May  15th.     Business  of  the  Academy. 

Resolved,  1?  That  a  subscription  be  proposed  to  the  general  Offices 
[officers  ?]  and  members  of  clergy  to  relieve  the  public  exigencies,  to  which 
it  is  likely  the  general  fund  will  not  be  adequate. 

2?  That  the  present  members  of  Chapter  do  circulate  and  encourage 
the  aforesaid  subscription  among  their  fellow  clergymen  in  their  respective 
Districts,  and  the  monies  collected  be  paid  into  the  hands  of  their  [the  ?] 
Directors  of  the  Academy. 

3°  That  the  sum  arising  therefrom  be  applied  to  the  finishing  of  the 
Academy  at  George  Town,  and  that  the  Procurator  General  be  authorized 
to  apply  all  savings  out  of  the  Office,  which  may  be  made  till  the  next 
sitting  of  Chapter,  to  the  same  purpose. 

4°  That  the  Superior  be  requested  by  the  senior  member  of  Chapter 
to  nominate  a  clergyman  to  superintend  the  Academy  at  George  Town  as 
soon  as  the  schools  shall  be  opened  for  the  education  of  youth,  and  that 
the  said  clergyman  be  pi-esented  to  the  Directors  thereof  and,  if  approved 
by  them,  be  constituted  Principal. 

5°  That  the  income  from  a  certain  tract  of  land  J  subject  to  the  care 
of  the  Procurator  General  be  by  him  annually  paid  to  the  Principal  for 
his  support,  as  far  as  the  amount  of  £100.0.0  current  money,  and  that  all 
deficiency  be  made  up  to  him  out  of  the  general  fund. 

6?  That  the  said  Principal  be  ex  officio  one  of  the  Directors  of  the 
Academy,  and  have  a  vote  in  all  matters  belonging  to  the  government 
thereof,  except  wherein  he  is  personally  concerned. 

7?  That  the  Principal  shall  be  removeable  by  a  majority  of  votes  of 
the  other  Directors. 

B.  1788,  March  13. 

Carroll,  Maryland,  13  Mar.,  1788,  to  Plowden.  The  building  of  the  new 
Academy. 

.  .  .  We  shall  begin  the  building  of  our  Academy  this  summer.  In  the 
beginning  we  shall  confine  our  plan  to  a  house  of  63  or  64  feet  by  50,  on 
one  of  the  most  lovely  situations  that  imagination  can  frame.  It  will  be 
three  stories  high,  exclusive  of  the  offices  under  the  whole.  Do  not 
forget  to  give  and  procure  assistance.  On  this  Academy  is  built  all  my 
hope  of  permanency  and  success  to  our  Holy  Religion  in  the  United 
States.  .  .  . 

1  Distant  tracts  of  White  Marsh  ?  Ashton  was  manager  of  that  estate.  Cf.  Nos. 
135,  A,  note  21 ;  167,  A,  ad  note  5,  on  Aino  (Hainault),  and  the  Bright  Seats. 


696  No.  159,  A.     INCORPORATION,    1789  [IV 

Md.-N.  Y.  Province  Archives,  1789,  May  15,  Proceedings  of  General  Chapter, 
as  above,  No.  156,  p.  687.  Ibid.,  1788,  Mar.  1-13,  Carroll,  Maryland,  to  Plowden, 
f.2°;  5pp.  4to,  No.  17. 

No.  159.  1789. 

The  Chapter  and  incorporation.  Report  of  the  committee  appointed  in 
1786.1 

A.  1789,  May  14. 

Proceedings  of  the  Chapter,  14  May,  1189. 

May  14th.     Incorporation  business. 

The  Corporation  Act  being  read  and  considered,  after  mature 
deliberation  it  appeared,  that  the  Committee  appointed  to  deliberate  and 
finally  decide  thereon  had  executed  the  trust  reposed  in  them  to  the 
satisfaction  of  the  Chapter  ;  therefore  resolved  :— 

1?  That  the  Rev.  Messrs.  Jno.  Carroll  and  J.  Walton  be  the  agents 
to  see  every  matter  concerning  said  Act  properly  conducted  to  the  best 
of  their  judgment ;  and,  in  case  they  or  either  of  them  be  hindered  from 
attending  in  person,  they  be  authorized  to  appoint  another  clergyman  in 
their  stead. 

2°  That  the  said  agents  be  authorized  to  give  notice  to  all  clergymen 
within  this  state,  citizens  thereof,  and  duly  exercising  their  ministerial 
functions,  to  transmit  in  writing  to  the  members  of  the  general  Chapter 
in  the  respective  Districts  their  votes  for  the  manner  and  time  of  choosing 
trustees,  and  the  persons  who  shall  be  entitled  to  active  and  passive 
voice ;  and,  when  these  votes  are  collected  from  the  different  Districts, 
and  compared  by  the  agents,  and  the  mode  of  electing  determined  there- 
by, then  the  agents  shall  notify  the  same  to  all  persons  having  right  of 
suffrage,  and  summon  them  to  choose  five  trustees  by  votes  lodged  with 
the  senior  member  of  Chapter  residing  in  their  District,  who  shall 
transmit  a  certified  copy  of  said  votes  to  one  of  the  agents  above  named. 

Md.-N.  Y.  Province  Archives,  1789,  May  14,  Proceedings  of  the  General 
Chapter,  as  above,  No.  156,  p.  687. 

From  these  resolutions  on  the  committee's  report  about  incorporation,  one 
or  two  facts  stand  out  clear,  but  one  point  becomes  obscure  as  com- 
pared with  statements  in  antecedent  documents. 

First,  the  responsible  authors,  if  not  the  actual  composers,  of  the  bill  to 
be  passed  by  the  Maryland  Assembly  into  law,  were  chiefly  Carroll 
and  Walton,  the  former  being  chairman  of  the  committee,  and  the 
latter  being  almost  universal  heir  of  the  Society's  ancient  property. 

Secondly,  the  trust  was  going  to  be  vested,  not  in  the  whole  Select  Body 
of  Clergy,  but  in  five  members,  forming  a  board  of  trustees 
incorporated. 

1  No.  151,  D,  [F//.J. 


§12]  No.  159,  A.     INCORPORATION,    1789  697 

But,  thirdly,  it  becomes  quite  obscure,  who  are  to  be  the  beneficiaries 
Heretofore,  all  the  documents  of  the  Select  Body  and  of  its  execu- 
tive Chapter  had  spoken  of  ex-Jesuits,  who  merely  extended  their 
privileges  to  others.  Here  it  might  seem  that  every  priest  at  large, 
if  only  in  good  standing,  was  likely  to  receive  the  same  franchise 
as  the  Select  Body  proper.  This  obscurity  was  removed  in  subse- 
quent documents  by  one  clause,  inserted  in  the  Declarations  of 
Trust,  according  to  the  act  of  the  Legislature,  and  then  rehearsed 
by  the  Legislature  itself?  Tlud  clause  was  the  limitation 
which  defined  the  beneficiaries  to  be  ministers  of  the  Roman 
Catholic  Church,  who  were  formerly  members  of  the  Eeligious 
Society,  heretofore  known  by  the  name  of  the  Society  of  Jesus.3 

•  Nos.  165,  B,  [//.] ;  167,  A,  p.  735 ;  ibid.,  P,  G. 

3  Here  we  should  give  the  documents  of  this  Chapter,  relative  to  the  subject  of 
slaves.     But  the  whole  question  is  too  extensive  to  touch  upon  here. 


VOL.    L  2   Z 


§  13.  THE  SEE  OF  BALTIMORE  AND  THE  JESUIT  ESTATES,  1789-1815. 

No.  160.  1789,  1790. 

Carroll's  Declaration  on  the  uses  of  the  property  :  no  right  accruing 
to  the  See  of  Baltimore  over  the  Jesuit  estates.  In  the  last 
letter  which  we  have  of  Dr.  Carroll's  (16  Mar.,  1790),  before  he 
went  over  to  England  for  consecration,  he  says  to  his  friend 
Plowden  of  the  Bull  which  was  on  its  way : 

A.  1790,  March  16. 

Carroll,  Baltimore,  16  Mar.,  1790,  to  Plowden. 

...  I  write  this  after  receiving  your  favour  of  Nov.  30  [1789~\,  by  the 
December  packet.  From  its  contents  and  the  purport  of  Mr.  Thorpe's 
which  was  inclosed,  I  dread  the  arrival  of  the  packet  of  January.  .  .  . 

B.  1789,  November  6. 

Extract  from  Bull,  6  Nov.,  1789,  erecting  the  See  of  Baltimore. 

The  Pope  commissions  the  said  bishop-elect  to  institute  a  cathedral  church 
in  the  city  of  Baltimore,  to  form  a  clergy,  erect  a  seminar;/,  "  administer 
ecclesiastical  revenues,"  and  execute  all  other  things  which  he  shall  think  in 
the  Lord  to  be  expedient  for  the  increase  of  Catholic  faith,  etc. :  .  .  .  Eidem 
vero  sic  electo  Episcopo  committimus,  ut  .  .  .  Ecclesiam  ...  ad  formam 
Cathedralis  Ecclesiae  redigi  faciat,  .  .  .  clerum  instituat  .  .  .  ejusdem 
Ecclesiae  servitio  addictum,  seminarium  episcopale  .  .  .  erigat,  ecclesiasticos 
proventus  administret,  aliaque  gerat  pro  Catholicae  fidei  incremento, 
ipsiusque  sic  novae  erectae  Cathedralis  Ecclesiae  cultu  ac  decoro  amplifi- 
cando,  prout  magis  in  Domino  expedire  judicaverit.  .  .  . 

The  words  about  administering  Church  revenues  are  a  formula  of  office, 
conveying  to  a  newly  elected  bishop  that  very  necessary  part  of  the 
papal  commission,  which  regards  the  care  of  temporalities.  They 
occurred  in  the  bulls  of  French,  Italian,  and  German  Bishops,  no 
less  than  in  that  of  Carroll.1  They  appear  also  in  bulls  of 

1  Cf.  No.  199,  A,  Alcune  poche  Osservazioni  sui  due  Fondamenti,  ai  quali 
appoggia  Monsr.  Arciv?  di  Baltimore  il  diritto,  etc.,  6°  Cf.  No.  181,  E,  Marechal, 
30  April,  1820,  to  Edelen,  secretary  of  the  Corporation :  the  sentence  so  obnoxious 
to  him  [Ashton']  was  a  mere  matter  of  form,  used  by  the  Pontifical  Secretaries  from 
time  immemorial. 

A  new  formula  appears  later  in  the  text  of  a  pontifical  Bull  appointing  an  American 


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/*  •*  •"• 


DECLARATION  OF  JOHN  CARROLL,  Bishop  of  Baltimore,  relative  to  his  See  and  the  Jesuit 
property.  Md.-N.  Y.  Province  Archives,  Proceedings  of  the  Corporation,  ii.,  ad  fin. 
Autograph.  (Size  gtlis  of  the  original.)  [To  face  p.  699. 


§  13]  No.  160,  C.     CARROLL'S  DECLARATION,    1790  699 

appointment  to  titular  sees,  which  have  not  belonged  to  the  Roman 
Catholic  Church  for  six  centuries,  and  therefore  possess  no  revenues 
to  be  administered  by  Roman  Catholic  bishops.2'  Tliey  had  no 
bearing  on  the  property  of  other  people. 

Divers  passages  are  seen  in  the  documents  of  Section  III.,  regarding  the 
Bull  of  Pius  VI.,  and  the  relevancy  of  this  phrase  to  ex- Jesuit 
property?  The  only  contemporary  document  to  be  found  upon 
the  subject  is  a  paper  drawn  up  by  Carroll  himself.  It  is  holo- 
graph, very  carefully  written  out,  with  two  corrections  of  his  own  ; 
and  is  found  inserted  in  the  Proceedings  of  the  ex- Jesuit  Corpora- 
tion. The  facsimile  is  given  on  the  opposite  page ;  and  the  text 
runs  as  follows : 

C.  1790,  May  26. 

Declaration  of  Carroll,  Baltimore,  26  May,  1 790. 

To  prevent  any  disagreement  or  contention  hereafter  between  the 
Bishop  of  Baltimore  and  his  Clergy,  or  any  of  them,  in  consequence  of 
any  words  contained  in  his  Holiness's  brief  for  erecting  the  See  of  Balti- 
more &c. ;  I  hereby  declare,  that  I  do  not  conceive  myself  entitled  by 
the  said  brief  to  claim  any  right  of  interference  in  the  management  of 
those  estates  in  Maryland  &  Pennsylvania,  which  were  heretofore 
applied  to  the  maintenance  of  the  Jesuit  missioners ;  &,  since  their 
extinction,  to  the  Ex-jesuits,  &  other  Clergymen  admitted  to  partake  of 
their  labour,  in  serving  the  Congregations,  which  were  before  served  by 
the  Jesuits. 

J.  CARROLL.' 
Baltimore  May  26-1790. 

bishop :  Te  .  .  .  illi  ecclesiae  in  Episcopum  praeficimus  et  Pastorem,  curam,  regimen 
et  administrationem  ipsius  ecclesiae  tibi  in  spiritualibus  ac  temporalibus  plenarie 
committendo  .  .  .  Cf.  Juris  Pontificii  de  Propaganda  Fide  Pars  Prima  (De  Martinis), 
v.  70,  note,  the  Bull  for  F.  Res6,  elected  Bishop  of  Detroit,  8  Mar.,  1833.  This 
formula  is  identical  with  that  of  200  years  before,  as  cited  in  the  next  note. 

2  As  an  instance  of  this  Roman  formalism,  cf.  the  Bull  of  consecration  for 
William  Bishop,  1622,  appointing  him  to  tlie  See  of  Chalcedon  in  Asia  (schismatical 
since  the  eleventh  century),  in  which  he  was  succeeded  by  Richard  Smith  (see  History, 
I.  202,  seq.).  After  nominating  him  to  the  said  See,  the  Pope  gives  him  the  full 
administration  of  that  church  in  spirituals  and  in  temporals  :  toque  illi  [ecclesiae]  in 
episcopum  praeficientes  et  pastorem,  curam  et  administrationem  ipsius  ecclesiae 
tibi  in  spiritualibus  et  temporalibus  plenarie  committimus.  Then  follows  an 
expression  of  the  best  hopes  for  his  success  in  the  said  double  administration,  that 
the  aforesaid  church  may  enjoy  prosperity  and  fruitful  increase  of  both  spiritual  and 
temporal  goods  :  ac  grata  in  iisdem  spiritualibus  et  temporalibus  suscipiet  incrementa. 
After  that,  the  Bull  proceeds  to  observe  that  the  See  does  not  exist,  being  in  partibus 
infidelium ;  wherefore,  by  express  apostolic  grace,  it  excuses  the  said  William  Bishop 
from  going  to  his  See  and  residing  there  :  Hoc  etiam  tibi,  ut  ad  dictam  ecclesiam, 
quamdiu  ab  ipsis  infidelibus  detinebitur,  adire,  et  apud  illam  personaliter  residere 
minime  tenearis,  authoritate  apostolica  praedicta,  eorundem  tenore  praesentium,  de 
speciali  gratia  indulgemus.  C.  Dodd,  Church  History  of  England,  ii.  465,  466. 

3  Nos.  116,  D,  4  ;  117,  C ;  118,  §  9  ;  121,  E,  p.  473,  P.S. ;   124,  B,  ad  (15) ;   126,  C, 
1? ;  128  ;  135,  A,  Prop.  10.     Cf.  No.  161,  note  2. 

4  As  to  Carroll's  civil  attitude  towards  the  estates,  cf.  No.  157,  G. 


700  No.  161.     ASHTON' S  STATUS,    1791  [IV 

Md.-N.  Y.  Province  Archives,  1790,  Mar.  16,  Carroll,  Baltimore,  to 
Plowden;  2  pp.  4to,  No.  27.  Ibid.,  Proceedings  of  the  Corporation,  ii., 
Carroll's  Declaration,  26  May,  1790;  a  4to  sheet  autograph,  inserted  where 
Father  Francis  Vespre,  for  some  time  procurator  of  the  Maryland  Province, 
described  it  as  being  (1834-1840) :  The  original  of  the  above  declaration  stands 
pasted  to  the  inside  part  of  the  cover-board  of  the  1s:'  Register  of  the 
Catholic  Clergy  of  Maryland  deliberations  (Georgetown  College  MSS.  and 
Transcripts,  Marechal  Controversy,  1790). — Propaganda  Archives,  R,  9,  1789  ; 
fasciculus  6  ff.,  4to,  Ves9  di  Baltimora ;  copy  of  the  Bull  erecting  the  See  of 
Baltimore,  6  Nov.,  1789. — For  full  Latin  text,  cf.  Juris  Pontificii  de  Propaganda 
Fide  Pars  Prima  (De  Martinis),  iv.  344-346.  For  English  translation,  cf. 
J.  O.  Shea,  History  of  the  Catholic  Church  in  the  United  States,  ii.  337-343. 


No.  161.  1791. 

Ashton,  the  reputed  occasion   of  Carroll's  Declaration  :  his  status. 
We  have  seen  Father  John  Ashton  first  as  described  on  divers 
occasions  by  Dr.  John  Carroll,  and  then  as  exhibiting  his  capacities 
in  the  most  responsible  posts  of  the  Select   Clergy.     Carroll  had 
portrayed  him  as  the  most  industrious  man  in  Maryland  and 
altogether  qualified  for   the  general  control  of  the   estates.     In 
October,  1784,  hfi  was  unanimously  chosen  l>y  the  first  Chapter  to 
be  Procurator  General ;  and  was  confirmed  in  that  office  at  each 
new  Chapter  of  1786  and  1789.     In  1786  he  was  deputed  with 
Dr.  Carroll  and  Father  Robert  Molyneux  to  act  for  the  clergy  in 
the  matter  of  soliciting  an  episcopal  See  ;  and  in  this  capacity  he 
was  addressed  by  the  Sacred  Congregation  of  the  Propaganda  with 
his  two  colleagues,  under  date  of  12  July,  1788.     In  the  follow- 
ing March,  1789,  he  and  two  others  addressed  a  joint  circular  to 
the  clergy,  with  the  result  that  an  election  took  place  ;  and,  Rome 
acting,  the  See  of  Baltimore  was  founded.     In  relation  to  George- 
town College,  he  was  one  of  the  Directors  of  the  Undertaking 
appointed  in  1787,  and  was  an  agent  for  receiving  subscriptions 
on  behalf  of  the  new  Academy,  the  other  members  of  the  committee 
being  Carroll,  Pellentz,  Molyneux,  and  Leonard  Neale.     As  to  the 
business  of  incorporation,  he  was  appointed  in  1786  one  of  the 
acting  board,  his  colleagues   being  Carroll,    Walton,   Matthews, 
Leonard   Neale,    and   Augustine   Jenkins,    and    the  consulting 
members,  Lewis,   Digges,   Bennett  Neale,  Pellentz,   and  Mosley. 
Besides  all  this,  he  was  manager  of  one  of  the  most  important 
estates,  that  of  White  Marsh. 

Such  was  John  Ashton's  position  in  Maryland  at  the  date  when,  on 
receipt  of  the  Bull  from  Rome,  Dr.  John  Carroll,  bishop-elect, 
drew  up  the  careful  documentary  Declaration,  repudiating  the 
notion  of  his  having  acquired  any  right  over  the  Jesuit  estates  by 


§  I3J  Nos.  161,  A;  162.     ASHTON'S  STATUS,    1792-1815  701 

the  fact  of  his  acquiring  a  right  to  administer  revenues  pertaining 
to  the  new  See. 

When  Carroll  had  returned  from  England,  he  held  the  first  Synod  of 
Baltimore  from  the  7th  to  the  10th  of  November,  1791. l  Twenty- 
two  Priests  were  present,  including  three  Vicars  General,  and 
the  president  of  St.  Mary's  Seminary,  Baltimore.  At  the  close  of 
the  Synod,  a  sermon  was  delivered  by  a  chosen  preacher,  and,  with 
the  chanting  of  the  Te  Deum,  the  Synod  was  dissolved.  The 
chosen  preacher  on  the  occasion  was  the  Rev.  Mr.  John  Ashton. 
Mgr.  Marechal's  printed  report  of  the  Synodal  acts  closes  with  the 
entry  to  that  effect. 

A.  1791,  November  10. 

Acts  of  the  Baltimore  Synod,  1791. 

.  .  .  [Pp.  20,  21]  His  a  Reverendissimo  Episcopo  constitutis  et  habita 
cum  venerabilibus  confratribus  collocutione  de  proponenda  Sanctae  Sedi 
erectione  novae  Dioeceseos  intra  fines  hujus  quae  nunc  est  Baltimorensis, 
vel  de  Coadjutore  Episcopi  Baltimorensis  designando  concioneui  habuit 
Rev.  D.  Joannes  Ashton,  et  deincle,  dicto  hymno  Te  Deum,  finis  Synodo 
impositus  est.  [Finis  Synodi  Baltimorensis  1 791 .] 

Ambrosius,  Dei  gratia  .  .  .  Archiepiscopus  Baltimorensis  omnibus  Sacer- 
dotibus  nostrae  dioeceseos  .  .  . ;  a  pamphlet,  34  pp.  8vo,  containing  a  short 
address  to  the  clergy,  the  Acts  of  the  Synod,  1791,  with  some  Articles  dating 
from  a  bishops'  meeting  in  1810,  whereunto  Marechal  adds  some  rules  of  his 
own.  T}ie  date  of  the  pamphlet  is  probably  1817  (cf.  Shea,  Hi.  42,  note).  Cf. 
infra,  No.  192,  p.  996. 

Thus,  one  year  and  a  half  after  the  date  of  Carroll's  Declaration,  the 
Rev.  Mr.  Ashton  enjoyed  such  credit  from  an  ecclesiastical  point  of 
view  as  to  be  the  chosen  preacher  of  a  Synod,  representing  the  entire 
Catholic  clergy  of  the  Federal  States  at  that  time. 

This  same  person,  for  the  same  date,  we  have  seen  described  in  certain 
notes  for  the  Propaganda,  as  being  a  suspended  priest,  etc.,  and  as 
extorting  by  violence  the  Declaration  from  Carroll,  to  the  prejudice 
of  the  See  newly  erected,  and  in  contradiction  to  the  Bull  of 
Pius  F7.2 

No.  162.  1792-1815. 

Ashtou  and  Marechal :  a  remote  occasion  of  the  latter's  claims.  The 
time  arrived  when  John  Ashton,  ex- Jesuit,  became  estranged  from 

1  Propaganda  Archives,  Acta,  1792,  ff.  142-166" ;  report  of  Carroll's  relation,  with 
Note  d'Archivio  (ff.  157-1G61'). — General  Archives  S.J.,  Maryl.  Epist.,  1,  ad  init.  ; 
Ponenza  Card.  Antonelli,  Baltimora,  America.  The  summary  is  in  nine  chapters.  - 
Cf.  J.  G.  Shea,  History  of  the  Catholic  Church  in  the  United  States,  ii.  394-398. 

•  Cf.  Nos.  117,  C  ;  124,  C,  (15°) ;  126,  B,  (3).     See  references  in  No.  160,  note  3. 


702          No.  162,  A-C.     ASHTON  AND    THE  BOARDS,    1791-1801  [IV 

his  former  brethren,  and  then  he  was  the  first,  as  far  as  our  docu- 
ments show,  to  suggest  and  draft  certain  pretensions,  which  sub- 
sequently ivere  presented  by  another  to  the  Propaganda.  He 
attacked  the  Jesuit  titles  to  all  lands  which  had  come  as  donations. 
He  resigned  his  exercise  of  the  ministry,  and  his  post  of  manager 
at  White  Marsh,  where  he  was  succeeded  by  Bitouzcy. 
The  General  Chapter,  in  session  on  7  Nov.,  1792,  resolved  that  there 
should  be  three  Directors,  including  the  President,  to  supervise  the 
new  College  of  Georgetown  ;  and  that  an  agent  should  be  appointed 
to  receive  contributions  from  the  estates,  and  disburse  moneys  on 
behalf  of  the  college,  under  orders  from  the  Directors.  Ashton  was 
chosen  for  both  classes  of  functions. 

A.  1792,  November  7. 

Proceedings  of  the  General  Chapter,  7  Nov.,  1792. 

George  Town  Affairs.1 

...  5°  That  the  Rev.  Messrs.  Rob.  Molyneux  and  John  Ashton  be 
the  Directors  jointly  with  the  President  of  the  College.2 

...  8?  That  the  Rev.  John  Ashton  be  the  principal  agent  in  whose 
hands  all  sums  of  money  collected  for  the  same  purpose  shall  be  lodged, 
and  who  shall  not  advance  any  part  thereof  without  an  order  from  the 
Directors  or  a  majority  of  them  to  be  duly  applied. 

B.  Same  date. 

Procurator  General. 

The  Rev.  John  Ashton,  having  requested  Chapter  to  chuse  a  successor 
in  his  place  to  the  office  of  Procurator  General ;  Resolved  : 

1?  That  Chapter  consent  to  his  request,  and  return  him  their  sincere 
and  unfeigned  thanks  for  the  important  services  rendered  by  him  in  the 
faithful  discharge  of  the  aforesaid  office,  as  also  for  his  generous  remission 
of  considerable  arrears  due  for  the  same. 

2?  Resolved  :  That  the  Chapter  proceed  to  the  election  of  a  Procurator 
General.  The  votes  of  the  members  of  Chapter  being  called  for,  the 
Rev.  Charles  Sewall  was  chosen  by  a  majority  and  appointed  in  con- 
sequence. 

3?  Resolved  :  That  the  Procurator  General  be  allowed  twenty  pounds 
per  annum  to  defray  the  expences  of  his  office. 

C.  1794,  February  25. 

Proceedings  of  the  Corporation,  25  Feb.,  1794 ;  first  meeting  of  the 
incorporated  Board  of  Trustees.  After  various  directions  given  to  the  secretary 
and  agent  of  the  new  Board,  Father  Charles  Sewall — resolved  : 

1    Cf.  No.  170,  C,  [//.].  -  Cf.  Nos.  158,  A,  6?  ;  162,  E,  note  7. 


§  13]  No.  162,  D.     ASHTON  AND    THE  BOARDS,    1791-1801  703 

10?  That  the  contract  made  by  the  Rev.  Mr.  J.  Ashton  with  the  Rev. 
Mr.  Rob.  Plunkett  for  an  annuity  of  nine  per  cent,  for  2,000  dollars, 
for  which  the  estate  of  the  White  Marsh  becomes  accountable,  is  hereby 
ratified. 

11?  That  the  said  2,000  dollars  be  applied  to  the  new  building,  now 
commenced,  of  the  College  of  George  Town,  and  that  the  said  Rev.  Mr. 
Ashton  be  authorised  to  take  up  a  sum  of  money  to  the  amount  of  £2,000, 
on  the  best  terms  he  can  get  it,  making  the  said  estate  of  White  Marsh 
debtor  for  the  same,  and  to  be  applied  to  the  same  purpose. 

12?  That  the  Corporation  approves  of  a  proposal  made  by  the  Rev. 
J.  Ashton  to  pay :i  the  sum  of  £375  per  annum,  in  lieu  of  all  neat  profits 
from  the  estates 4  now  under  his  care,  which  is  to  be  a  certain  fund  to  sink 
the  above  sums. 

Signed :  Robert  Molyneux,  John  Ashton,  Charles  Sewall. 

Here  was  a  novelty  on  both  sides  ;  on  the  side  of  the  manager  Ashton, 
who  passed  from  the  rank  of  a  mere  agent  to  that  of  a  gentleman 
lessee  ;  and  on  the  side  of  the  Board,  who  for  thejlrst  time  farmed 
out  an  estate  to  a  manager.  When  the  old  Chapter,  now  called 
the  Board  of  Representatives,  held  its  first  meeting  (3  June,  1795), 
under  or  rather  over  the  new  order  of  things,  it  took  cognizance  of 
this  innovation  perpetrated  by  the  Trustees  of  the  Corporation,  or 
Executive  Board.  The  responsible  members  in  attendance  had 
been  Molyneux,  Ashton,  and  Sewall.  The  Representatives  revised 
the  three  resolves  just  quoted  (C) ;  they  approved  of  two,  that  about 
the  Plunkett  annuity  for  §2000  sunk,  and  that  of  the  Ashton 
loan,  £2000  to  be  raised  on  the  security  of  White  Marsh  ;  but 
they  condemned  the  third,  that  of  farming  out  White  Marsh  to 
Ashton.  The  Representatives,  who  thus  reined  up  the  forward 
Corporation,  were  Messrs.  Henry  Pile,  Charles  Ncale,  Francis 
Neale,  Joseph  Eden,  John  Bolton,  and  Francis  Beeston. 

D.  1795,  June  3. 

Proceedings  of  the  Representatives,  3  June,  1795. 

14?  The  Representatives  ratify  the  10th  and  llth  resolves  of  the 
Trustees  met  at  the  White  Marsh  on  the  25th  day  of  Feb.  1794. 

15°.  The  Representatives  think  themselves  in  duty  bound  to  declare 
it  their  opinion,  that  the  farming  out  of  an  estate  of  the  R.C.  Clergy  to 
the  manager  of  it  (as  was  done  by  the  12th  resolve  of  the  Corporation 
assembled  at  the  White  Marsh  on  the  25th  day  of  Feb.  1794)  is  a  measure 
improper  to  be  generally  pursued  ;  and,  even  in  the  present  instance, 
dangerous,  as  forming  a  precedent.  But,  the  Rev.  Mr.  John  Ashton 

3  Viz.  that  he  should  pay.  4  The  farms  of  White  Marsh? 


704  No.  162,  E.     ASHTON  AND    THE  BOARDS,    1791-1801  [IV 

having  done  so  much  for  the  improvement  of  the  White  Marsh  estate, 
having  aided  and  contributed  so  much  towards  the  building  of  George 
Town  College,  having  had  such  trouble  with  his  slaves  pleading  for 
freedom,  and  suffered  so  great  loss  from  several  of  them  withdrawing 
themselves  from  his  service  (their  causes  still  pending) — the  Repre- 
sentatives ratify,  until  their  next  meeting,  the  agreement  made  between 
him  and  the  Corporation,  as  specified  in  the  above-mentioned  resolve. 
At  the  same  time,  the  Representatives  earnestly  recommend  to  the 
present  and  to  all  future  Trustees  of  the  Corporation  of  the  R.C.  Clergy 
never  to  extend  the  precedent. 

BEESTON,  Sec? 

Here,  began  a  conflict  of  jurisdiction  betiveen  the  two  Boards,  the  progress 
and  end  of  which  may  be  seen  below  (No.  175,  A-H).  A  com- 
mittee on  the  Constitution  was  appointed,  consisting  of  Bceston, 
Ashton,  and  Sewall.  It  was  vested  with  ample  authority  under 
three  heads:  first,  the  interpretation  of  disputed  points  in  the 
Constitution;  secondly,  a  question  about  the  Georgetown  College 
Directors,  with  authority  to  elect  Directors  on  this  occasion  ;  and, 
thirdly,  a  proposal  to  invest  the  Trustees  or  Corporation  with  the 
power  of  settling  and  altering  pensions.  Out  of  the  twelve  para- 
graphs drawn  up  by  this  authoritative  committee?  we  quote  here 
only  the  first,  which  is  constitutional,  and  the  second,  which  settles 
the  question  raised  by  the  farming  out  of  an  estate  to  Ashton. 

E.  1797,  September  1. 

Proceedings  of  the  Committee  of  the  Select  Body  of  the  B.C.  Clergy, 
1  Sept.,  1797. 

.  .  .  The  said  Rev.  Messrs.  John  Ashton,  Charles  Sewall  and  Francis 
Beeston  being  met  for  the  aforesaid  purposes  at  St.  Thomas's  Manor  on 
the  1st  day  of  Sept.  1797,  do  agree  as  follows,  viz. 

1?  That,  in  the  14th  resolve  passed  by  the  R.C.  Clergy,  Oct.  4th, 
1793,  the  words,  Representative  Body,  mean  the  former  Chapter  of 
the  R.  C.  Clergy.6 

2?  That  the  Corporation  shall  not  be  empowered  to  lease  an  estate  of 
the  Clergy  for  more  than  three  years,  without  the  unanimous  vote  of 
all  the  Trustees  ;  nor  for  more  than  five  years,  without  the  concurrence 
of  the  Representatives.7 

.  .  .  Signed  :  John  Ashton,  Charles  Sewall,  F.  Beeston. 

5  No.  175,  H. 

6  No.  168,  A,  14?  :  That  the  Trustees  shall  have  it  in  their  power  to  appoint  an 
agent,  with  a  suitable  salary,  who  is  to  pay  all  public  expences  as  regulated  by  the 
Representative  Body. 

7  The  fifth  resohition  was :    That  there  shall  be  five  Directors  of  Georgetown 
College,  chosen  every  three  years  by  the  Trustees  from  amongst  the  Select  Body. 


§  13]        No.  162,  F,  G.     ASHTON  AND    THE   BOARDS,    1791-1801          705 

Md.-N.  Y.  Province  Archives,  1792,  Proceedings  of  the  General  Chapter 
met  at  the  White  Marsh  on  the  7th  day  of  November,  1792 :  George  Town 
Affairs ;  6  pp.  4to,  a  copy.  Ibid.,  Proceedings  of  the  Corporation,  25  Feb., 
1794;  minutes  of  committee,  1  Sept.,  1797.  Ibid.,  4to,  bound  blank-book, 
marked  No.  3  on  the  front ;  at  the  back  of  the  book,  p.  3 :  Proceedings  of  the 
Representatives  of  Rom.  Cath.  Clergy,  convened  at  St.  Thomas's  Manor,  on 
the  3rd  day  of  June,  1795,  p.  10 ;  minutes  of  committee,  1  Sept.,  1797,  pp. 
15-19.  This  book  seems  to  be  a  secretary's  record  of  minutes  at  both  ends ; 
at  the  front,  pp.  98,  ttie  minutes  of  the  Corporation,  reaching  as  far  as  Apr.  25, 
1804;  at  the  back,  pp.  3-44,  57-65,  etc.,  those  of  the  Representatives,  from  June 
3,  1795,  to  March  4,  1806,  with  some  additions  later. 

By  their  last  resolution  (12°),  this  Committee,  associating  with  themselves 
Francis  Neale  and  Robert  Plunkett  as  colleagues,  became  the 
Board  of  Directors  for  Georgetown  College,  during  the  three 
ensuing  years,  commencing  on  this  first  day  of  September,  1797. 
For  the  following  term,  beginning  1  Sept.,  1800,  John  Ashton  was 
again  chosen  as  a  Director  of  the  College  by  the  Board  of  Trustees 
(9  Oct.,  1799}. 

Thus,  in  John  Ashton' s  career,  we  have  followed  him  to  the  commence- 
ment of  the  nineteenth  century,  ten  years  after  the  date  for  which 
the  description  was  given  of  him  in  No.  117,  C.  Besides  being 
missionary  for  the  Wliite  Marsh  district,  he  was  the  trusted  officer 
and  adviser  of  both  the  bishop  and  the  other  ex- Jesuits.  At  this 
moment,  the  history  of  John  Ashton  changed  its  aspect  completely. 

P.  1801,  June  13. 

Ashton,  Wliite  Marsh,  13  June,  1801,  to  Carroll,  Baltimore.  His 
rupture  with  the  bishops  and  all  ex-Jesuits. 

After  a  tirade  against  the  Bishop-Coadjutor,  Leonard  Neale,  who  was 
one  of  the  Trustees,  as  well  as  against  all  the  mitred  and  unmitred  gentry, 
Ashton  resigns  his  faculties  to  Dr.  Carroll,  Bishop  of  Baltimore,  and  throws 
up  his  two  appointments,  as  Trustee  of  the  Corporation  and  as  Director  of  the 
College. 

G.  1801,  July  2. 

Ashton,  Port  Tobacco,  2  July,  1801,  to  Carroll,  Baltimore.  He  revokes 
his  resignation. 

He  had  been  under  a  mistake,  thinking  that  it  was  the  collected  body 
of  Trustees  who  were  responsible.  Hence  he  revokes  his  resignation  of  the 
offices  of  Trustee  and  Director.8 

There  was  no  mention  here  of  tJie  President.  Cf.  supra,  A,  5?  At  this  date,  the  Abbe 
Dubourg,  Sulpician,  had  been  chosen  for  that  office.  He  loas  not  a  member  of  the 
Sekct  Body.  Cf.  Nos.  170,  L  ;  175,  H,  5V,  note  15. 

8  The  resignation  of  Ashton  from  the  management  of  White  Marsh  itself,  whence 
he  intended  to  retire  in  the  course  of  next  summer,  took  effect  by  tlie  acceptance  of  the 
Corporation,  3  Nov.,  1801 ;  J.  B.  Bitouzey  being  appointed  his  successor,  if  the  bishop 
approved,  and  as  soon  as  Bitouzey's  place  at  St.  Thomas's  Manor  could  be  supplied. 
(Proceedings  of  the  Corporation,  3  Nov.,  1801,  1':)  Cf.  No.  175,  N,  12? 


706  No.  162,  H.     ASHTON  AND    THE  BOARDS,    1791-1801  [IV 

H.  1801,  July  5. 

Bishop  Carroll,  Baltimore,  5  July,  1801)  to  (Bishop  Leonard  Neale). 
Reflections  on  the  Ashton  trouble. 

Music  from  Demonti  (for  annual  commencement  at  Georgetown). 
Recommendation  of  an  English  Catholic  magazine  which  is  advertised. 
Poor  Ashton  is  outragious  at  the  intimation  sent  him  in  consequence 
of  my  letter,  grounded  on  the  proceedings  of  the  Trustees.  His  violence 
and  abuse  and  threats  have  no  bounds.  Since  Mr.  Beeston's  departure, 
he  has  sent  me  another  letter  exceeding  in  violence,  if  possible,  the  pre- 
ceding ones.  I  must  keep  them  by  me  for  a  few  days,  after  which  they 
will  be  sent  to  you  or  Mr.  Sewall  to  be  laid  before  the  other  Trustees,  who 
should  be  convened  immediately.  I  always  foresaw  this  consequence  ;  and 
the  apprehension  I  had  of  the  lengths  to  which  he  might  proceed  was  my 
only  reason  for  delaying  to  confer  with  our  Brethren  on  a  subject  of  so 
much  anxiety,  and,  I  wish  it  may  not  turn  out,  of  scandal.  Pray  for  our 
Diocess,  the  pastors  and  people  of  it.  Ashton,  in  his  first  paroxysm, 
threw  back  upon  me  his  faculties,  which  I  shall  not  restore  ;  and  made 
his  resignation  of  the  Trusteeship  and  Directorship  of  the  College  ;  but 
in  a  few  days  after  retracted  the  resignation  of  the  two  last.  Unfor- 
tunately, I  received  both  these  letters  together,  at  my  return  home  last 
Tuesday.  My  compliments  as  usual.  Adieu,  R.  R?  and  D?  Sir, 

Yr.  m.  obedt  S! 

J.  B.  of  B. 


The  Trustees  for  this  current  term,  from  the  l$k  of  October,  1799,  till 
the  same  month  in  1802,  were  James  Walton,  Robert  Molyneux, 
John  Ashton,  Charles  Sewall,  and  Leonard  Neale,  who  during  the 
term  became  Bishop-Coadjutor  (7  Dec.,  1800).  Ashton'  s  resigna- 
tion took  no  effect,  as  we  find  him  serving  till  the  end  of  \this 
triennium.  But  he  disappears  from  the  Board  after  that  ;  and 
he  resigned  White  Marsh  almost  immediately,  being  succeeded  by 
Bitouzey.9 

D  Proceedings  of  the  Corporation,  3  Nov.,  1801.  Cf.  Nos.  174,  D  ;  175,  N,  12° 
In  the  Proceedings  of  the  Trustees,  to  which  Carroll  refers  as  having  occasioned  his 
own  letter  to  Ashton  (supra,  H),  we  find  nothing  that  bears  upon  the  subject,  except 
resolve  the  eighth  (5  May,  1801)  :  8?  That  all  managers  be  seriously  cautioned  against 
entering  into  law-suits  of  any  consequence,  without  consulting  and  receiving  the 
approbation  of  at  least  two  of  the  Trustees  or  the  Representatives  of  their  respective 
Districts  (Proceedings  of  the  Corporation,  5  May,  1801).  In  this  connection,  a  case 
appears  which  may  have  been  the  occasion  of  the  unpleasantness  (4  Sept.,  1797)  :  8? 
That  a  power  of  attorney  be  granted  to  the  Rev.  Mr.  John  Ashton  to  convey  a  parcel 
of  land,  called  Duvall's  Cowpen,  containing  about  sixty-four  acres  in  Prince  George's 
County,  agreeably  to  contract  heretofore  made  by  the  Rev.  Mr.  John  Lewis  (ibid., 
4  Sept.,  1797).  Lewis's  contract  seems  to  be  that  of  13  Sept.,  1765,  binding  himself 
to  convey  Duvall's  Cowpen  to  Howard  Duvall,  in  exchange  for  Wilson's  Plains, 
both  in  Prince  George's  County.  (Md.-N.  Y.  Province  Archives,  (b)  White  Marsh, 
original  bond  of  Lewis,  signed,  sealed,  and  witnessed.  Cf.  ibid.,  Q.,  folio  p.  of 


§  13]  No.  162.     ASHTON  AND    THE  BISHOPS,    1802  707 

On  the  llth  of  August,  1802,  a  new  feature  appeared  in  the  conduct  of 
the  Corporation.  It  was  the  choice  made  on  that  day  of  the  Et. 
Rev.  John  Carroll,  Bishop  of  Baltimore,  to  le  one  of  the  five 
incorporated  Trustees.  The  Representatives  or  electors,  deputed  by 
the  Districts,  were  Henry  Pile  and  Charles  Neale  for  the  Lower 
District,  Francis  Neale  and  Robert  Plunkctt  for  the  Middle,  and 
William  Pasquet  and  Francis  Beeston  for  the  Upper  District, 
Of  these  there  iverc  absent  from  the  meeting  Charles  Neale  and 
Robert  Plunkett.  The  choice  for  Trustees  fell  upon  the  two 
bishops,  on  Walton,  Molyneux,  and  the  Rev.  Barnaby  Bitouzey, 
the  last-named  a  recent  arrival  from  Normandy.  The  validity  of 
this  meeting  was  called  in  question,  possibly  because  the  Ordinary 
of  the  diocese  had  been  elected.  The  same  four  electors  met  again 
on  October  2,  the  same  year,  with  Charles  Neale  besides,  and  they 
returned  the  same  vote  as  before,  with  the  exception  that,  Molyneux 
having  declined  to  serve  as  Trustee,  they  chose  John  Bolton  in 
his  place. 

The  circumstance  of  the  Bishop  of  Baltimore  appearing  on  the  Board 
of  Trustees  cither  intensified  Ashton  s  hostility  to  all  parties  con- 
cerned, or  was  simply  the  result  of  his  having  estranged  himself 
and  withdrawn  his  influence.  He  had  no  objection  to  the  presence 
at  the  board  of  the  Bishop-Coadjutor.  But  he  could  not  tolerate 
the  idea  of  the  Ordinary  being  there,  both  as  being  purposely 
excluded  by  the  Constitution,  and  as  being  an  impossible  party  ; 
for  in  certain  cases  he  should  have  to  sit,  in  his  capacity  of 

Mr.  Cookc's  notes,  Annapolis,  19  April,  1772,  endorsed :  Samuel  Fowler  vs.  George 
Hunter.) 

Another  case,  and  decidedly  a  subject  of  litigation,  is  that  of  Philip  Nichols  vs. 
John  Ashton,  P.  Geo.  [Prince  George's  Co.],  to  be  served  on  defendant  for  trespass 
to  the  amount  in  damages  of  £100,  March  12,  1802.  Ashton  invaded  plaintiff1  s  close, 
called  "  Jiams  Choice."  All  the  damages  together  for  divers  wrongs  seem  to  amount 
to  £1000.  Witnesses  Doe  and  Roe.  Arthur  Shaaf,  attorney  for  plaintiff.  (Ibid., 
true  copy,  by  John  Gwinn  Clk.)  Bishop  Carroll,  in  a  memorandum  without  date, 
treating  of  Ashton' s  demands  on  tlie  Corporation,  asks  :  Should  Mr.  Bitouze  [Ashton' s 
successor  at  White  Marsh]  pay  the  bills  of  costs  for  suits  instituted  and  prosecuted 
during  his  predecessor's  management  ?  It  is  to  be  remembered  that  Mr.  Ashton 
received  considerable  sums  from  the  parties  jointly  concerned,  to  aid  in  the  prosecu- 
tion of  those  suits ;  and  that,  after  the  determination  of  one  of  them,  some  of  the 
family  of  the  Mahonis  were  sold — sale  not  accounted  for.  ^f  This  note  is  to  be  kept, 
as  a  memorandum  for  consideration  at  the  next  meeting.  (Md.-N.  Y.  Province 
Archives,  1801,  July  5,  Carroll  memorandum;  small  8vo,  slip,  attached  as  No.  54  (c) 
to  his  letter,  1801,  July  5,  No.  54  (a).  Another  memorandum  of  Carroll's  is  ttwre, 
without  date,  No.  54  (b),  on  Ashton's  accounts  with  the  Corporation.) 

Another  law-suit,  which  may  have  begun  when  Ashton  was  still  manager  of  White 
Marsh,  is  alluded  to  by  him,  in  a  letter  to  the  Trustees,  5  July,  1805.  He  asks 
ivhether  he  shall  continue  the  suit  in  chancery  against  the  trustees  of  Aquila  Browne, 
on  their  account  or  on  his  own;  and  will  they  (the  Board)  pay  the  expenses?  (Ibid., 
portfolio  42,  Ashton  Papers).  Cf.  infra,  L. 


708  No.  162,  J.     ASHTON  AND    THE  BISHOPS,    1802  [IV 

bishop,  as  judge  of  appeal,  when  at  the  Board  he  had  already 
sat  as  judge  in  the  first  instance.™ 

The  development  of  this  whole  episode,  as  it  appears  in  the  documents 
and  shows  the  Bishop  of  Baltimore  in  a  singular  light,  is  given 
infra,  No.  175,  K-N.  At  present,  an  open  letter  of  Ashton's  is 
important,  as  recording  different  phases  of  opinion  and  interest, 
which  had  appeared  in  the  constituent  meeting  of  the  Select  Body 
(4  Oct.,  1793} ;  u  and,  in  particular,  it  tells  of  a  desire  manifested 
at  that  time  by  Bishop  Carroll  to  be  allowed  a  footing  in  the 
administration  of  the  ex-Jesuit  temporalities.  It  would  seem 
that  his  desires  had  operated  in  the  shaping  of  some  fundamental 
statutes  or  bye-laws,  and  that  his  policy  now  was  a  deviation 
from  a  principle  formerly  held  by  his  colleagues,  and  endorsed  by 
himself  with  his  signature  in  a  circular  letter  on  the  establishment 
of  a  bishopric  (Feb.,  1787).lz  After  he  was  admitted  to  a  trustee- 
ship, a  post  which  he  then  occupied  by  successive  elections  till 
his  death  (lSO%-181o),  we  find  that  his  influence,  always 
cautiously  and  even  obsequiously  exercised  in  the  matter  of  the 
Jesuit  temporalities,  was  exerted  by  him  only  as  one  Trustee 
among  others™  It  was  from  this  vantage-ground  that  he 
attempted  the  agreement  between  himself  as  Ordinary,  and 
Molyneux  as  Superior  of  the  Society ; 14  and,  in  the  matter  of 
patronage  throughout,  or  the  jus  patronatus  which  the  proprietors 
of  the  estates  possessed  over  their  own  churches,  presbyteries,  and 
pastoral  allowances,  he  enjoyed  henceforth  the  double  advantage  of 
treating  with  the  Board  as  Ordinary,  and  of  furthering  his 
recommendations  as  a  member  of  the  Board  which  accepted  them. 
The  letter  of  Ashton  runs  as  follows : 

J.  1802,  October  11. 

A  Select  Member  (John  Ashton),  11  Oct.,  1802,  to  the  members  of  two 
Districts,  on  the  interference  of  the  Ordinary  in  the  management  of  ex- Jesuit 
temporalities. 

To  the  Rev1?  Gentlemen  of  the  Middle  and  Northern  District. 

REV?  GEN?, 

The  Right  Rev1?  Gen"  of  Gortina  [L.  Nettle],  in  his  last  address  to 
the  R1?  Gent"  of  the  Corporation  met  at  St.  Thomas's  Mannor,  attempts 

10  No.  168,  A,  18?  ll  No.  168,  A. 

No.  153,  B,  [x///.],  ad  note  14. 

3  Cf.  supra,  No.  113,  C-Q,  his  papers  in  the  Bitouzey  controversy;  and  infra, 
No.  175,  N,  seq.,  passim. 
14  No.  186. 


§  13]  No.  162,  J.     ASHTON  AND    THE  BISHOPS,    1802  709 

to  answer  the  objections  stated  in  my  former  letter  to  the  eligibility  of 
the  Bishop  of  Baltimore  [Carroll]  to  the  office  of  Trustee.  Though  he 
frequently,  throughout  his  letter,  couples  himself  with  the  Bishop  of 
Baltimore,  yet  his  character 15  is  no  more  implicated  in  the  present 
argument,  than  the  character  of  the  Bish"  of  Pumphlygonia  or  Carthage. 
I  therefore  set  him  totally  out  of  the  question. 

The  first  point  of  his  letter  requires  little  or  no  attention,  because  it 
is  readily  admitted  that  all  the  Select  Members  have  an  equal  right  of 
participation  in  all  privileges — if  no  exception  is  made  or  implied  by 
fair  construction  from  any  subsequent  article  of  the  Constitution.  This 
is  then  what  we  have  now  to  examine  into,  which  makes  the  second  point 
of  his  letter. 

The  Bishop16  in  his  set-off  admits  that  the  Bishop  in  question17  as 
such  has  power  to  act  only  in  cases  requiring  spiritual,  and  no  power  of 
intermeddling  with  our  temporalities.18  Now  I  will  ask  any  person  who 
was  present  at  the  forming  of  the  Constitution  (when  he  was  present 
himself),  whether  he  was  not  considered  as  Bishop  in  everything  that 
related  to  his  character.  This  I  know  to  my  certain  knowledge  that, 
when  the  articles  of  appeal  and  appointments  to  the  management  of 
plantations  19  were  under  consideration,  he  applied  particularly  to  me,  and 
requested  to  have  his  character  inserted  as  a  party,  alledging  that,  without 
it,  the  Bishop  would  have  no  share  in  the  government.  I  consented  to 
it,  though  reluctantly,  for  I  thought  if  [!]  the  spirit  of  the  old  Chapter 
Constitution  ought  to  be  preserved,  where  the  Superior  in  Spirituals  (it 
says)  shall  have  no  power  in  the  temporal  property  of  the  Clergy.20  If 
the  Bishop  thought  himself  eligible  to  be  a  Trustee,  why  did  he  request 
[regret  ?]  the  want  of  influence  in  the  government  of  our  temporalities  ? 
He  certainly  must  have  been  sensible  at  the  time  that  he  had  none  but 
an  active  voice,  which  every  Select  Member  is  entitled  to. 

The  Bishop  21  next  says,  that  the  clause  of  the  Constitution  respecting 
the  appointment  of  managers22  only  means,  whether  the  person  the 
Trustees  have  in  contemplation  be  one  who  might  be  entrusted  with 
spiritual  powers.  This  is  limiting  the  Bishop's  influence  indeed.  Mr. 
Jinkins  '^  was  entrusted  with  spiritual  powers,  but  was  judged  very  unfit 
for  the  management  of  a  plantation.  Mr.  Boarman  the  same.  Yet  the 
Trustees  and  Bishop  exercised  their  authority  of  removal.  A  man  may 

15  As  a  bishop,  not  being  Ordinary  of  the  diocese. 

16  L.  Ncalc. 

17  Carroll,  tlie  Ordinary.   He  had  been  the  only  bishop  at  tlie  date  of  the  constituent 
meeting,  to  which  Ashton  here  refers. 

18  Cf.  No.  153,  B,  [xr//.],  where  the,  same  statement  is  made  in  a  circular  letter  (Feb., 
1787),  signed  by  Carroll  himself  with  others. 

19  No.  168,  A,  17°  ,  18? 

20  No.  146,  F. 

21  L.  Neale. 

22  No.  168,  A,  179 

23  Augustine  Jenkins. 


710  No.  162,  J.     ASHTON  AND    THE   BISHOPS,    1802  [IV 

be  very  well  qualified  for  a  manager,  yet,  from  ignorance  of  divinity,  or 
difference  of  opinion  in  points  of  morality,  as  in  the  case  of  the  Bishop  of 
Bruges >24  and  our  present  Bishop,'2''  may  be  refused  faculties.  Is  he  for  that 
reason  to  be  rejected  as  a  manager  ?  Who  knows  but  the  Bishop  may 
have  a  private  dislike  to  him  ?  This  I  think  the  defective  and  rotten 
part  of  our  Constitution,  and  ought  to  be  altered.  But,  as  I  said  above, 
it  was  inserted  at  the  Bishop's  particular  request.26  "What  !  shall  it  be  in 
the  power  of  a  Bishop,  who  gives  or  takes  away  faculties  at  pleasure, 
to  deprive  an  innocent  man  of  his  honor  and  living,  because,  as  Bishop 
Gortyna  says,  a  man  who  is  unworthy  of  faculties  in  the  Bishop's 
estimation  is  unfit  to  be  trusted  with  the  management  of  a  plantation  ? 
Would  the  Bishop  consent  not  to  revoke  the  faculties  of  a  manager  with- 
out the  consent  of  the  Trustees  ? 27  At  this  rate,  all  the  old  members  of 
the  Society  may  be  turned  off  from  the  management  of  our  plantations 
by  some  future  Bishop,  and  creatures  of  his  own  appointed  in  their  place. 
Yet  the  Bishop  as  such,  says  Bishop  Gortyna,  has  no  power  over  our 
temporalities.  Risum  teneatis  amici. 

The  Bishop  adds  that,  in  the  case  of  appeal  from  the  Trustees  to  the 
Representatives  and  Bishop,28  all  that  the  Bishop  has  to  do  is  to  inform 
the  Representatives,  whether  the  appellant  be  in  the  exercise  of  spiritual 
powers,  with  his  approbation.  Who  could  ever  call  in  question  whether 
an  individual  can  exercise  spiritual  powers  without  the  approbation  of 
the  Bishop?  It  is  making  the  Bishop's  power  as  a  judge  very  nugatory 
indeed  to  consult  him  on  such  a  subject,  which  he  could  answer  sitting  in 
his  chair  at  the  distance  of  a  hundred  miles  from  the  place  where  the 
court  of  appeals  is  held.  No,  Mr.  Bishop.  The  Diocesan  makes  a 
component  part  of  the  court ;  for  the  conjunction,  "and,"  constitutes  him 
so,  and  the  Eepresentatives  can  no  more  act  without  his  attendance  than 
he  can  without  the  attendance  of  the  Representatives.  Here  the 
absurdity  of  the  business  appears ;  for  the  Bishop  is  to  sit  in  a  court, 
to  revise  a  prior  opinion  which  he  gave  in  an  inferior  court  of  Trustees, 
where  the  interest  and  reputation  of  another  is  at  stake,  and  a  strong 

24  This  seems  to  be  an  invidious  allusion  to  L.  Neale's  experiences  at  Bruges, 
prior  to  his  offering  himself  for  tJie  Mission  of  Demarara  in  1780.    (Cf.  Propaganda 
Archives,  America  Centrale,  2,ff.  118,  119,  120,  June-July,  1780;  correspondence  of 
A.  Maggiora,  auditor  of  the  Belgian  Nuncio,  and  L.  Neale.) 

25  This  may  be  a  similar  allusion  to  Carroll,  in  the  matter  of  not  restoring  to 
Ashton  the  faculties  resigned  by  the  latter.     Cf.  supra,  H. 

26  The  trend  of  the  argument  seems  to  be  that  the  fundamental  statute  in  question 
(No.  168,  A,  17? )  should  not  have  spoken  of  a  manager  as  retiring  the  episcopal 
approbation  for  his  appointment  by  the  Trustees ;  that  it  would  have  been  proper  to 
speak  only  of  a  missionary  in  such  a  connection.    However,  at  that  time,  the  mission- 
aries were  so  few  that  most  of  them  had  to  be  managers  of  the  estates  where  they 
exercised  the  ministry.    Cf.  No.  180,  N,  12? 

27  Reductio  ad  absurdum,  from  an  inversion  of  the  proposal.     Hence,  in  tJie  next 
sentence,  Ashton  implies  that  the,  Ordinary  now  is  master  of  Hie  situation,  having  at 
tlie  same  time  the  power  of  giving  faculties  to  whom  he  likes,  and  the  power  of  refusing 
his  assent  to  the  appointment  of  all  managers  whom  lie  might  dislike. 

-*  No.  168,  A,  18? 


§  13]  No.  162,  J.     ASHTON  AND    THE  BISHOPS,    1802  711 

prejudice  remaining  in  favor  of  his  former  opinion.     If  the  cause  should 
be  his  own,  I  suppose  he  would  be  excused  from  sitting,  as  the  R'  R1? 
Gentleman  says  in  [is  ?]  the  case  of  a  judge  in  a  court  of  justice,  and  then, 
after  sentence  given,  resume  his  seat  again.     Here  he  acknowledges  him 
to  be  a  judge. 

The  R*  R'!  Gentleman,  to  get  rid  of  the  difficulty  of  the  compenetra- 
tion  of  offices,  where  one  is  subject  to  the  other,  and  which  would  render 
the  body  politic  monsterous,  after  admitting  it,  tells  us  that  in  like  manner 
the  head  can  not  be  the  feet  without  removing  [rendering  ?]  the  natural 
body  monsterous.  If  the  head  were  the  feet,  how  could  it  be  the  head  ? 
This  appears  to  be  a  contradiction.  But,  if  the  Bishop  was  to  mention  a 
body  with  two  heads,  I  would  call  it  a  monster.  The  Bishop  acts  in  two 
capacities,  as  a  superior  judge,  and  as  an  inferior  judge,  and  thus  resembles 
the  monster  with  two  heads.  If  he  is  not  an  essential  component  as  such, 
he  is  made  so  by  the  Constitution.  The  Bishop's  argument  then  must 
run  thus  :  The  Bishop  with  the  Representatives  make  the  head ;  but  the 
head  can  not  be  the  feet  (the  Trustees)  ;  therefore  the  Bishop  and  Repre- 
sentatives can  not  be  the  feet  (the  Trustees).  See  how  deliberately  the 
Bishop  cuts  his  own  throat  with  his  comparison  !  But  his  conclusion  is  : 
Therefore  the  right  of  eligibility  attaches  to  the  Bishop  of  Baltimore  and 
Gortyna,  as  much  as  to  any  member  of  the  Corporation.  His  Logic  will 
teach  him  that  a  positive  consequence  can  not  be  drawn  from  premisses, 
of  which  one  is  a  negative  proposition.  Do  the  premisses  say  any  thing 
of  the  Bishop  of  Gortyna?  His  title  and  office  is  not  known  to  the 
Constitution.  Let  us  drop  it. 

The  Bishop  continues  his  comparison.  "  Thus,"  he  says,  "  the  Select 
Members  as  such  can  not  at  the  same  time  be  Trustees,  as  it  is  by 
them  that  the  Trustees  are  appointed  to  form  a  legal  Board  for  the 
administration  of  their  temporalities."  The  Bishop  is  here  certainly  mis- 
taken. The  Trustees  are  formed  a  legal  body  by  Act  of  Assembly,  and 
are  chosen  by  the  Representatives  agreeably  to  the  said  Act.  A  Select 
Member  as  such  may  be  a  Trustee  or  Representative,  and  not  cease  to 
be  a  Select  Member,  any  more  than  a  member  of  either  branch  of  the 
Legislature  ceases  not  to  be  a  citizen,  though  chosen  by  his  fellow  citizens. 
If  the  Representatives,  as  the  Bishop  admits,  are  an  essential  appointed 
check  on  the  Trustees,  and  are  by  construction  excluded  from  being 
Trustees,  the  Bishop  is  no  less  so,  who  by  the  Constitution  is  joined  to 
them  to  be  a  check  on  the  Trustees.  If  the  Bishop  should  not  be  of  the 
Select  Body29  the  case  is  altered,  because  he  then  could  not  hold  any 

29  If  (this  supposition  of  Ashton's  is  warranted,  that  the  Constitution  as  it  stood 
(No.  168,  A,  17?,  18?)  contemplated  any  Ordinary  whatsoever,  then  his  argumentation 
seems  to  be  particularly  stringent.  For  otherioise  L.  Neale  might  answer  that,  after  all, 
only  such  an  Ordinary  was  in  contemplation  as  the  acts  of  the  original  Chapter  had 
described,  one  elected  by  themselves  (No.  157,  p.  693),  a  persona  grata,  and  presumably 
a  Select  Member  himself.  In  any  case,  the  statutes  cited  do  not  define  this  point,  and 
technically  leave  if  open  for  any  Ordinary  to  intervene  with  full  right,  and  to  control 


712  No.  162,  J.     ASHTON  AND    THE  BISHOPS,    1802  [IV 

office  under  the  Constitution,  his  powers  being  purely  spiritual.  If 
Mr.  Ashton  or  Mr.  Sewall  were  disposed  to  vote  for  the  Bishop  at  the 
first  meeting,  they  were  certainly  mistaken  and  overruled  by  all  the 
others.  They  must  have  had  the  idea  of  the  resolve  in  their  minds,  as  it 
was  first  proposed.30  I  would  now  ask  of  the  R'  R?  Bishop  whether  there 
would  be  any  difficulty  in  chusing  the  Bishop  of  Baltimore  a  Representa- 
tive to  deliberate  with  himself  as  Bishop,  in  matters  that  may  come  before 
the  Board  of  Representatives  and  Bishop  1  His  arguments  in  support  of 
the  Bishop's  eligibility  to  the  office  of  Trustee  tend  to  prove  his  eligibility 
to  the  office  of  Representative,  being  a  Select  Member. 

As  for  the  Bishop's  reply  to  the  insinuations  droped  by  me  relating  to 
the  restoration  of  the  property  to  the  Society,  they  certainly  could  not 
allude  to  the  present  Bishops,  who  were  torn  so  reluctantly  from  their 
Mother,  whom  they  will  not  cease  to  love  and  esteem  as  long  as  they 
live.  But  others  may  come  after  them  of  very  different  characters,  who 
will  wish  to  insinuate  themselves  into  the  councils  of  the  Clergy,  and 
claim  all  the  pretentions  of  their  predecessors.  It  may  happen  that,  by 
admitting  members  at  present  promiscuously  into  the  Select  Body  by 
the  Trustees,  the  old  members  and  such  as  are  well  affected  to  the 
Society  may  be  overruled  in  all  selections  and  resolves  of  the  Trustees  or 
Representatives. 31 

The  Bishop  forgets  the  meekness  that  should  accompany  the  dignity 
of  his  character,  when  he  makes  use  of  certain  intemperate  expressions, 
and  should  remember  that  in  his  patience  will  he  possess  his  soul. 
Oct.  llth,  1802. 

A  SELECT  MEMBER.3'2 
Addressed:  Annapolis,  Oct.  15. 
The  Rev.  Mr.  Frs.  Neale 

George  Town  College, 

Columbia. 
One  sheet.     10. 

Baltimore  Diocesan  Archives,  No.  1,  A,  Ashton,  Cl,  Ashton,  White  Marsh, 
13  June,  1801,  to  Carroll;  3pp.  4to.  Ibid.,  C~,  same  to  same,  2  July,  1801 ;  2  pp. 
4to.—Md.-N.  Y.  Province  Archives,  1801,  July  5,  Carroll,  Baltimore,  to 
(L.  Neale) ;  2  pp.  4to,  No.  54  (a) ;  endorsement  in  another  hand :  To  Mr. 
Molyneux.  Ibid.,  42,  Ashton  Papers,  A  Select  Member,  11  Oct..  1S02,  to 
Francis  Neale,  Georgetown ;  an  open  letter,  3  ff.  4to,  in  Ashton's  hand. 

as  he  chose  the  appointment  of  managers.  What  this  ivould  have  meant  in  the  case, 
for  instance,  of  Mgr.  Marechal  intervening  toith  siich  a  technical  right,  may  be 
inferred  from  documents  given  above  (cf.  No.  135,  p.  571,  Marcchal's  Policy). 

30  That  the  Bishop  of  Baltimore  (being  a  Select  Member)  should  be  eligible  as  a 
Representative  (though  not  as  a  Trustee)  ? 

31  From  1802  till  1815,  the  non-Jesuit  element  did,  in  fact,  preponderate  at  the 
Board  itself  (cf.  No.  169,  B).     But  the  non-Jesuit  Trustees  were  largely  ex-Jesuits. 

32  Writing  some  eight  months  later  to  Father  Stone  in  England,  Bishop  Neale 
treated  of  business  matters  touching  Father  Semmes,  wlwm  he  called,  my  old  Professor, 
and  he  excused  himself  from  approaching  Father  Ashton  on  the  subject,  saying :  I 
have  no  influence  on  the  gentleman.    His  excentricity  puts  him  beyond  all  that.    He 
now  lives  on  Mr.  Semmes'  place  [near  Portobacco].     (English  Province  Archives, 
portfolio  6,  f.  63V,  Leonard  Neale,  George  Town,  25  June,  1803,  to  Stone.) 


§  13]  No.  162,  K-M.     ASHTON  AND  MARECHAL,    1805-1815  713 

K.  1804,  April  25. 

Proceedings  of  the  Corporation,  25  Apr.,  1804.  Resolution  to  wind  up 
accounts  between  the  Board  and  Ashton,  under  a  certain  limitation. 

...  10?  The  Rev.  Mr.  F.  Neale  is  hereby  appointed  to  settle,  on  the  best 
terms  he  can,  the  respective  claims  of  the  Corporation  and  of  Mr.  J. 
Ashton,  studiously  avoiding  to  establish  any  precedent,  which  may  tend 
to  exempt  managers  of  estates  from  accountability,  or  injure  the  interest 
of  the  incoi'porated  Clergy. 

.  .  .  Signed :  +  J.  Bis1!  of  Balff  +  LEON°  NEALE,  Bis1;  of  Gort".a 
HENRY  PILE.  ROBT  PLUNKETT.  G.  B.  BITOUZEY. 

L.  1805,  July  5. 

Ashton,  5  July,  1805,  to  the  Trustees.  Claims  against  the  Corporation,  in 
discharge  of  the  Board's  accounts  against  him. 

1.  His  invalid  salary.  2.  Indemnification  for  expenses  incurred  on 
account  of  White  Marsh  estate.  S.  His  credit  for  $1000  paid  to  Mr.  Francis 
Neale,  when  he  resigned  the  Marsh.  4.  The  query:  Was  he  to  continue 
the  suit  in  chancery  against  the  Trustees  of  Aquila  Browne  on  the  Corpora- 
tion's account,  or  on  his  own ;  and  icould  they  pay  expenses  ?  5.  Another 
query :  Would  they  take  a  mortgage  on  this  place  for  the  debts  from  me 
to  you  1 

At  this  date  (1805)  appeal's  in  the  documents  the  first  suggestion  to 
change  the  destination  of  the  Jesuit  estates,  and  assign  them  to 
other  purposes.  It  was  just  at  the  moment  when  the  Society  was 
being  restored,  and  two  years  after  Bishops  Carroll  and  Neale 
had  informed  the  General  in  Russia  that  the  old  Jesuit  property 
was  largely  preserved,  and  was  waiting  for  re-consignment.^  In 
the  fottoiuing  year  (1806),  Ashton  came  forward  with  a  similar 
proposal  to  sequestrate  a  large  portion  of  the  estates.  The  ground 
which  he  advanced  for  such  a  measure  seems  to  have  been 
abandoned  by  himself  incontinently,  for  ive  find  no  allusion  to 
it  any  more  in  his  dealings  with  the  Corporation,  or  in  any 
documentary  sources.  At  his  death,  he  left  all  his  property  to 
the  Board  with  which  he  had  contended  so  long.  But,  after  his 
death  (1815),  the  reason  for  expropriation,  which  Ashton  had 
propounded  and  then  abandoned,  was  advanced  anew  in  papers 
submitted  to  the  Propaganda  (182%),  as  seen  above  in  Section 
III.  (No.  115,  §  10— No.  126,  passim). 

M.  1805,  July  13. 

Cardinal  Di  Pietro,  Prefect  of  the  Propaganda,  13  July,  1805,  to  Biahop 
Carroll.  A  proposal  made  to  the  Propaganda  that  the  Jesuit  estates  in 

33  No.  173,  P. 
VOL.    I.  3    A 


714  No.  162,  N.     ASHTON  AND  MARECHAL,    1805-1815  [IV 

Maryland  miglit  be  used  for  the  foundation  of  bishoprics  in  the  United  States. 
Shea's  abstract. 

Rev,  Joseph  Harent™  S.S.,  was  in  Lyons,  and  had  informed  the  Propaganda 
that  religion  was  so  flourishing  in  the  United  States,  that  many  churches  had 
been  erected  by  the  efforts  of  the  faithful,  and  others  were  to  be  erected ;  that 
an  elegant  cathedral  was  building  in  Baltimore  ;  that  the  Bishop  had  blessed 
a  church  in  Boston  the  year  before ;  that  Mr.  Nagot  had  a  college  with  110 
pupils,  and  a  seminary  with  twelve  students.  He  \Harent]  also  requested  the 
Holy  See  to  establish  other  dioceses  in  the  United  States,  adding  that  the 
support  of  the  Bishops  could  be  secured  by  an  arrangement  with  the  Clergy  of 
Maryland,  who  held  all  the  property  formerly  belonging  to  the  Jesuits.  Bishop 
Carroll  will  consider  whether  this  is  practicable.35  [Other  business.'] 

N.  1806,  November  24. 

Ashton,  Port  Tobacco,  24  Nov.,  1806,  to  Carroll,  Baltimore.  Certain 
estates,  having  come  to  the  Jesuits  by  donation  or  bequest,  belong  not  to 
them  but  to  the  Church,  and  pertain  to  the  bishop's  administration. 

RIGHT  REV.  SIR,  Port  Tobacco. 

Having  had  a  considerable  share  in  establishing  an  episcopal 
government  in  this  country,  it  was  never  my  intention  nor  expectation, 
that  a  Bishop  should  be  depending  on  others  for  his  support,  while  he  had 
not  an  equal  claim  to  the  property  of  the  Clergy  with  every  other  member. 
But,  understanding  lately  that  the  members  amongst  us  calling  themselves 
Jesuits  have  assumed  the  property,  formerly  possessed  by  our  predecessors, 
exclusively  to  themselves,  I  can  assure  you  that  it  is  in  my  power  to 
demonstrate  to  you,  that,  whatever  title  they  may  have  to  the  lands  taken 
up  by  the  former  Jesuits,  they  have  none  at  all  to  the  lands  that  fell 
to  them  by  donation  or  bequest;  consequently  neither  Bohemia,  White 
Marsh,  Deer  Creek  and  the  lots  in  the  different  towns,  can  be  claimed 
by  them,  but  become  strictly  and  properly  the  property  of  the  Church 
and  subject  to  the  Bishop.  This  I  have  not  learned  from  the  inspection 
of  any  secret  papers  or  books.  For  I  never  saw  the  blue  book  of  Port 
Tobacco,  tho  I  have  often  heard  of  it.  My  knowledge  is  from  authentic 
and  original  papers,  which  it  is  in  my  power  to  produce.  I  thought 
proper  to  give  you  this  information  on  the  present  occasion,  for  I  think 
the  soi-disantes  [/  the  Jesuits]  are  not  behaving  generously  or  honorably. 
If  my  information  can  be  serviceable  to  you,  it  is  with  you  to  make  use  of 

it  ad  maiorem  Dei  srloriam.     I  am, 

Resp5-   y1-    Hu  :  Ser. 

No  :  24th,  1806.  JOHN  AsHTON.36 

34  Cf.  No.  175,  R. 

35  In  this  abstract  of  Shea's,  the  existence  or  work  of  tlie  Jesuits  or  ex-Jesuits 
meets    with   no   other    recognition   than   that  of  appropriating   their   lands.      The 
letter  itself  of  Card.  Di  Pictro  does  not  appear  in  the  Propaganda  ArcMves,  America 
Centrals,  3.     Cf.  No.  181,  J,  note  34,  ad  fin. 

36  This  Utter  of  Ashton's  went  into  the  Carroll  Archives,  used  by  Marcchal  in  his 


§  13]  No.  162,  0,  P.     ASHTON  AND  MARECHAL,    1805-1815  715 

0.  1806,  December  23. 

Carroll,  19,  23  Dec.,  1806,  to  (Molyneux);  second  part,  under  date  of 
23  Dec.  Reporting  the  foregoing  letter  of  Ashton's,  and  another,  a 
circular. 

...  I  lately  received  two  letters  from  Mr.  John  Ash  ton  ;  the  first  is 
on  a  serious  subject  indeed,  but  which  requires  the  utmost  secrecy.  I 
know  not  whether  it  was  written  in  terror  em,  or  whether  he  attributes 
too  much  certainty  to  an  opinion  formed  by  him,  after  reading  certain 
papers,  which  he  says  are  in  his  possession ;  or  whether  there  be  indeed 
any  good  foundation  for  that  opinion.  But,  if  there  be,  according  to 
him  the  Society  has  no  rightful  claim  to  the  estates  of  Bohemia,  Deer 
Creek,  White  Marsh,  or  the  lots  in  any  of  the  towns,  etc. 

The  2d  letter  he  calls  a  circular  one,  dated  Dec.  10th,  and  is  noted 
at  the  bottom  of  the  page,  as  you  may  see  in  this.  I  suppose  therefore 
that  several  copies  were  directed  to  the  persons  there  mention'd,  and  to 
some  individuals,  members  of  the  Societies,37  to  whom  his  letter  is  inscribed. 
Surely  Ashton  did  not  expect  that  I  was  to  give  it  circulation.  About  the 
uncivil  and  extremely  uncharitable  conduct  of  Mr.  Charles  Neale,  Porto- 
bacco,  towards  him.  He  charges  Neale  with  having  refused  to  give  him  food 
and  refreshment  after  the  fatigue  of  a  journey,  and  not  placing  him  on 
the  footing  of  brotherly  confidence  and  freedom  in  the  house.  Other 
business. 

The  addresses,  as  noted  at  the  bottom  of  Carroll's  page,  are :  To  the  Rev. 
Gentlemen  of  St.  Thomas ;  To  the  R.  Rd.  J.  Carroll ;  To  the  R.  Rob. 
Molyneux ;  To  the  R.  Gentlemen  of  the  Corporation ;  And  the  other  R. 
Gentlemen  of  the  Clergy.38 

P.  1810,  January  30. 

Ashton,  Port  Tobacco,  30  Jan.,  1810,  to  Francis  Neale  (agent  of  the 
Corporation),  George  Town. 

He  wants  a  copy  of  the  resolve,  1794,  I  think,  respecting  the  contract 
between  the  Corporation  and  me,  by  which  the  profits  of  the  White  Marsh 
estate  were  transferred  to  me,  in  lieu  of  a  stipulated  sum  therein  mentioned 
to  be  annually  paid.3"  I  wish  to  know  the  specific  sum,  for  a  particular 
reason.  Be  pleased  to  date  it,  and  sign  it  on  the  blank  side  of  the  letter. 
He  presumes  that  Francis  Neale  is  still  agent  of  the  Corporation.™  On  the 

representations  to  tlie  Propaganda.  The  reference  is  given  below,  p.  718.  Carroll 
supposes  in  the  next  document  here  following  (0)  that  copies  of  another  letter  were 
disseminated.  The  troubles  of  Ashton  with  the  Board  drag  on  tediously  for  years. 

37  Sulpicians  and  secular  clergy  ? 

38  We  find  no  further  trace  of  this  Ashton  theory  in  any  papers  of  his,  or  Carroll's, 
or  the  Board's.    It  seems  to  have  met  with  the  same  fate  in  the  writer's  own  mind  as 
his  former  speculation  about  the  property  of  the  English  Province.     Cf.  No.  150,  P2. 

39  Supra,  C,  12? 

40  The  progress  of  the  controversy  after  this,  between  AsJifon  and  the  Corporation, 
is  sufficiently  clear  from  a  letter  of  his  (14  Sept.,  1813),  given  in  No.  72,  C. 


716  No.  162,  Q.     ASHTON  AND  MARECHAL,    1805-1815  [IV 

death  of  Rev.  Mr.  Joseph  Semmes,  who,  says  Mr.  Nicholas  Sewall,41  has  left 
all  he  was  worth  to  Fattier  Stone.  I  think  the  whole  will  be  about  150 
Dol.  in  my  hands.42  Asliton  had  made  his  will  in  favour  of  Mr.  Beeston,  in 
trust  for  the  College  and  pious  uses.  But  Beeston's  death  makes  him 
change  the  devise ;  so  he  has  now  drawn  up  the  will  in  favour  of  Rev.  Notley 
Young,  with  the  same  destination  of  the  property  ;  and  he  expects  to  have  the 
instrument  executed  this  weeJc. 

I  have  not  heared  who  has  succeeded  Mr.  Beeston,  nor  who  manages 
the  White  Marsh  estate,  nor  any  alterations  made  this  long  time  in  any 
of  our  houses,  or  the  College,  being  shut  out  from  St.  Tho?  by  your  Brother 
Charles,  these  three  years  past.  I  called  there  then,  hungry  and  thirsty, 
and  he  refused  to  give  me  to  eat  or  to  drink.  I  know  not  what  answer 
he  will  make  to  the  Judge  at  the  last  day.  No  body  in  Ch?  County  will 
hear  my  confession,  tho  the  point  of  controversy  has  been  decided  by  the 
Bishop  and  Mr.  Tessier  in  my  favor.  He  asks  for  domestic  news  of  any 
kind.  Tell  Mr.  Smith  to  put  him  down  as  a  subscriber  to  the  Country  National 
Intelligencer. 

With  due  respect, 

I  am,  Rev.  Sir, 

Yl'  Hu :  S* 

JOHN  ASHTON.  " 


Q.  1810,  February  12. 

Extract  of  the  Rev"?  Jn.  Ashton's  testament  in  fav^  of  Revrt  Notley 
Young.44 


•*&• 


41  Joseph   Semmes  and    Nicholas  Sewall,  though  both    of    Maryland,   remained 
throughout  life  in  the  English  Mission. 

42  Cf.  No.  72,  C,  Ashton,  14  Sept.,  1813,  to  the  Corporation. 

43  In  the  account  submitted    by  Mgr.  Marechal    to  the  Propaganda  about  John 
Ashton,  with  the  qualifications  which  are  to  be  seen  there  (No.  117,  C),  and  submitted 
by  him  under  "  the  hard  necessity  of  telling  the  truth  openly,"  several  critical  points 
are  obvious.     (1)  As  seen  already  (No.  162,  A-H),  the  whole  account,  reflecting  on 
Ashton's  character,  is  an  anachronism  for  the  express  purpose  and  date  (1789)  assigned 
in  Marechal's  narrative.    If  it  were  probable  at  all,  the  date  should  have  been  eighteen 
years  later.     But  then  it  would  have  had  no  relevancy  to  the  purport  of  the  narrative, 
which  was  to  explain  aivay  the  Declaration  made  by  Carroll  in  1790.      (2)    Were 
Marechal's  qualifications  of  Ashton  correct  for  this  time,  a  score  of  years  after  the 
date  of  Carroll's  Declaration,  then  for  the  truth  of  tlie  narrative  they  required  the 
addition  of  an  essential  circumstance,  that,  at  tJie  same  time,  Ashton  was  out  of 
harmony  with  his  old  brethren,  and  even  ostracized  by  some  of  them.     But  then  the 
purpose  of  the  narrative  would  again  have  failed  the  narrator,  since  his  express  object 
was  to  show  that  in  1789-1790  Ashton  led  his  brethren  in  a  campaign  against  Carroll. 
(3)  In    the   whole   anachronism,   and   in   strict  conjunction  with  the  qualifications 
lavished  on  John  Ashton,  the  latter  is  persistently  called  a  "  Jesuit,"  which  no  one 
was  at  the  time,  assigned  (1790),  and  which  Ashton  was  not  at  this  time ;  even  if,  for 
the  later  date,  Marechal's  narrative  might  have  borne  some  semblance  of  verisimilitude. 
The  term  "  Jesuit,"  so  persistently  applied,  cast,  by  implication,  tlie  aspersions  of  the 
narrative  on  other  persons  besides  John  Ashton. 

"  Ashton's  instructions  to  his  executor,  Young,  are  reported  in  the  minutes  of  the 
Corporation,  20  June,  1816. 


§  13]          No.  162,  R,  S.     ASHTON  AND   MARECHAL,    1805-1815  717 

Tracts  of  Land 

acres 

Chandler's  hill  (his  place  of  residence)         ..  200 

St.  Nicholas 200 

Green 100 

Little  worth    ..  ..  ..  ..  ..  ..  164 

Small  profit     ..  ..  ..  ..  ..  ..  136 

Campbell's  chance  and  Struthbrant  [Struthland  ?]  45 

on  Elkridge,  Arrundel  C^,  about ..  ..  ..  250 

Items  :  To  Charles  Butler  and  Elizabeth  (his  sister),  Litchfield  the — 
-  in  Ch:f  C1?,  and  all  utensils.  Personalty,  in  favour  of  the  same 
and  of  dependants. 

To  the  Rev1!  Notley  Young  all  properties  on  the  book  of  the  United 
States  Loan  Office,  Bank-stock,  Insurance  office,  by  note  or  bond  ;  and 
all  the  real  and  personal  [e]state  of  the  Testator,  at  the  time  of  his  death. 

100  $  for  the  poor  and  expences  of  burial  at  S.  Thomas  Manor. 

Signed  at  Chandler's  hill,  12  Feb?  1810. 

Witnesses,  Jn.  Ford  and  Ign.  Simrns.     Signed  Jn.  Ash  ton  and  seal. 

Other  items  from  a  will  to  Rev.  Mr.  Grassi,  not  executed ;  and  from 
another  in  favour  of  Rev.  -  -  Griffin,  July,  1813,  annulled:  To  Rev?  Fr. 
Neal  all  properties  on  [?]  Banks,  charging  him  with  the  pay'  of  debts,  and 
of  $1000  [100  st.  ?]  to  his  sister  Elizab.  Carroll  in  Ireland. 

R.  1815,  February  8. 

John  McElroy's  Diary  on  Ashton's  death,  and  devise  intended  for  the 
Superior,  Father  Grassi. 

Feb.  8,  1815.  Rev.  John  Ashton,  formerly  S.J.,  died  on  the  3rd  inst. 
He  bequeathed  his  property  to  Rev1.1  Fr.  Superior,  but  was  deprived  of 
his  senses  before  he  could  sign  the  will.  He  lived  near  Port  Tobacco. 

S.  1815,  July  1. 

Rev.  Notley  Young's  will.  Devising  to  the  Corporation  property  of  his 
own,  and  the  whole  of  John  Ashton's  estate. 

A  number  of  bequests  to  members  of  the  Young  family.  I  give  and 
bequeath  to  the  Trustees  of  the  Corporation  of  the  Roman  Catholic 
Clergymen  of  the  State  of  Maryland,  for  the  use  of  Georgetown  College, 
District  of  Columbia,  as  allowed  by  the  Laws  of  Maryland,  Section  3A. , 
Chap.  40th  (1797),  the  following  lots  in  square  four  hundred  and  sixty  six, 
in  the  city  of  Washington :  namely  lots  N°  1,  2,  3,  4,  19,  20,  21,  22,  23,  24, 
25  and  26,  to  be  for  ever  applied  solely  and  entirely  towards  the  education 

45  Cf.  No.  148,  p.  631.  A  memorandum  scribbled  by  Francis  Neale  on  the  bach  of 
Carroll's  letter  to  him,  26  July  (1815 ;  Carroll  series,  No.  184),  has  this  same  list  with 
some  variations  :  The  unsold  parts  of  two  tracts  of  land,  called  Cambell's  chance  and 
Struthbrant  (?)...;  unalienated  tract  of  land,  called  Litchfield  Enlarged,  in 
Charles  County.  (Md.-N.  Y.  Province  Archives,  memorandum  endorsed  on  Carroll's 
letter,  as  infra,  No.  178,  E3.) 


718  No.  162,  S.     ASHTON  AND  MARECHAL,    1805-1815  [IV 

of  youth  on  free  places  in  George  Town  College,  District  of  Columbia.46 
It  is  my  further  desire,  and  therefore  so  I  will,  that  none  of  said  lots 
should  be  sold,  until  six  cents  per  square  foot  can  be  obtained  for  them. 
After  which,  they  may  be  either  sold  or  retained  at  the  discretion  of  the 
then  acting  President  and  Directors  of  said  College,  agents  for  the 
Trustees  above  mentioned.  I  also  invest  the  said  Trustees  or  their 
Representatives,  the  President  and  Directors  of  said  College,  with  full 
power  of  placing  out  the  sums  of  money  thus  obtained,  by  the  sale  of  all 
or  any  of  those  said  lots,  in  any  publick  stock,  bank,  fund  or  otherwise, 
upon  good  and  sufficient  security,  so  that  the  best  annual  interest  be 
made  thereof,  without  lessening  the  principal.  I  also  give  and  bequeath 
to  the  Trustees  of  the  Roman  C.  Corporation  above  mentioned  the  house 
and  lot  which  I  purchased  in  Piscataway,  Maryland,  for  the  above 
specified  purpose,  and  for  no  other,  with  the  power  of  selling  the  house 
and  lot  at  their  discretion. 

I  likewise  give  and  bequeath  to  the  said  Trustees  and  their  agents, 
the  President  and  Directors  of  Georgetown  College,  all  and  every  part  of 
the  real,  mixed  and  personal  estate  of  the  late  Rev*  John  Ashton  for  the 
aforesaid  purpose  and  no  other,  (viz.)  the  education  of  youth.  If  tlie 
Corporation  will  pay  all  debts  of  Ashton,  without  involving  any  of  Notley 
Young's  property,  then,  continues  Young,  I  leave  all  the  lots  which  I  hold  in 
that  part  of  the  city  of  Washington,  formerly  known  by  the  name  of 
Carrolsburg,  to  be  sold  for  charitable  purposes  at  the  discretion  of  my 
executors. 

The  John  Addison  estate,  bequeathed  to  relatives. 

NOTLEY  YOUXG  (seal).4' 

July  1st,  1815. 

Witnesses :  Chas.  Bowling,  Jos.  Gobert,  James  Neill. 

Md.-N.  Y.  Province  Archives,  Proceedings  of  the  Corporation,  25  April, 
1S04.  Ibid.,  (Correspondence),  1806,  Dec.  19,  23,  Carroll,  Baltimore,  to 
(Molyneux) ;  4  pp.  4to,  and  fol.  sheet  added,  No.  71.  Ibid.,  1810,  Jan.  30, 
Ashton,  Portobacco,  to  Francis  Nealc,  Georgetown ;  2  pp.  4to,  in  a  singularly 
tremulous  Jiand.  Ibid.,  42,  Ashton  papers,  Ashton,  Portobacco,  o  July,  1805,  to 
the  Trustees  assembled  at  the  White  Marsh.  Ibid.,  (a)  St.  TJiomas's  Manor, 
Extracts  of  Ashton's  wills,  12  Feb.,  1810,  July,  1813,  etc.,  executed  or  otherwise, 
on  the  back  of  a  letter  from  Grassi,  Georgetown,  3  Mar.,  1817 ;  apparently 
Father  Gary's  note.  Ibid.,  F(G),  Notley  Young's  will,  1  July,  1815 ;  original. 
—Georgetown  College  MSS.,  McElroy's  Diary  of  Georgetown  College  (1813- 
1821),  8  Feb.,  1815.  Ibid.,  Transcripts,  Shea's  abstracts,  1804-1815,  Card,  di 
Pietro,  13  July,  1805,  to  Carroll ;  from  quintuplicate  copy. — Baltimore  Diocesan 
Archives,  N,  1,  A,  Ashton,  C8,  Ashton,  Portobacco,  24  'Nov.,  1806,  to  Carroll; 
one  p.  4to. 

46  Cf.  No.  118,  note  18. 

47  Cf.  No.  179,  Y,  ad  note  44.     There  was  a  controversy  in  1816  between  Notley 
Young  and  the  Corporation,  respecting  the  immediate  delivery  of  the  Ashton  estate  to 
the  Trustees.     Young  professed  himself  perfectly  willing  to  make,  the  transfer,  if  only 
he  was  certified  of  his  obligation  to  do  so  at  once.     (Md.-N.  Y.  Province  Archives,  42, 
N.  Young,  Georgetown,  19  June,  1816,  to  Most  Eev*.1  Dr  Sir,  and  Kev<?  Gentlemen.) 
A  satisfactory  settlement  was  accomplislied,  in  pursuance  of  resolutions  at  the  Board  of 
Trustees,  20  June,  1816,  1"  ;  20  Aug.,  1816,  2°.  .     Cf.  No.  180,  G,  H. 


§  13]  No.  162.     ASHTON  AND  MARECHAL,    1805-1815  719 

The  interest  attaching  to  Ashton's  career  arises  from  complex  circum- 
stances, which  throw  parts  of  the  history  into  considerable  relief. 
A  theory  which  he  put  forward  in  a  fit  of  vindictiveness — ad 
terrorem,  as  Carroll  suggested — but  which  he  lived  long  enough 
to  think  better  of,  was  adopted  some  twelve  or  fourteen  years  later, 
in  precisely  the  form  drafted  by  him,  but  without  the  citation 
either  of  the  document,  or  of  the  name  that  was  signed  in  the 
document.  The  very  same  estates  which  Ashton  had  named, 
Bohemia,  White  Marsh,  Deer  Creek,  and  the  lots  in  the 
different  towns,48  were  claimed  on  the  very  same  plea  which  he 
had  thought  out,  that,  having  come  to  the  Jesuits  by  donation  or 
bequest,49  they  became  strictly  and  properly  the  property  of  the 
Church  and  subject  to  the  Bishop.  Nevertheless,  as  to  the  one 
conspicuous  instance  of  a  donation,  that  of  White  Marsh,  he 
himself,  during  nine  years  afterwards  till  his  death,  treated  of  it 
regularly  with  the  Corporation  as  being  entirely  their  property. 
On  the  contrary,  the  theory  as  adopted  was  made  to  comprise,  not 
only  those  estates  mentioned  in  his  arraignment,  but  others,  which 
no  one  had  thought  of  as  donations :  St.  Inigoes,50  Brittons  land 
at  Neivtown,51  Father  Gary's  purchase  of  700  acres  at  Newport?* 
the  purchases  made  of  Arabia  Petrca  and  possibly  also  of  Upper 
Zacchia.^  Ashton,  who  was  not  named  as  the  author  of  the  plea, 
was  named  in  a  narration  to  the  Cardinals  about  a  factum 
turpissimum,  and,  if  there  were  any  colour  for  the  narrative,  it 
was  precisely  for  the  date  at  which  he  devised  the  plea.  Finally, 
three  years  before  he  propounded  it,  he  had  forecast  exactly  what 
would  happen  after  the  death  of  the  two  ex-Jesuit  bishops,  Carroll 
and  Nealc  ;  but  he  did  not  foresee  that  he  would  give  a  handle  to 
the  policy?*  His  letter  went  among  the  Carroll  papers,  which 
came  to  be  cited  so  largely  as  grounding  the  claim  for  taking  over 
the  Jesuit  estates.55  Copies  of  it,  as  Carroll  supposed,  may  have 
had  a  wider  circulation. 5G 

48  Supra,  N. 
*'•>  Ibid. 

50  Nos.  115,  §  10  ;  119,  [/.],  p.  448. 

51  No.  198,  A,  Marechal's  Diary. 

52  Ibid. 

53  No.  129,  A,  ad  note  1 ;  Nos.  76,  A  ;  198,  A,  note  6. 
")4  Supra,  J,  ad  fin.,  p.  712. 

^  No.  115,  §  17  seq. 
56  Supra,  0,  ad  note  37. 


§  14.   THE  LEGISLATURE  AND  THE  CORPORATION,  1792-1808. 

No.  163.  1792. 

The  beneficiaries  in  equity  :  report  of  the  Chapter,  1792.  In  accord- 
ance with  the  two  resolutions  passed,  three  years  before,  14  May, 
1789,1  the  Chapter  of  7  Nov.,  1792,  took  the  last  steps  preliminary 
to  obtaining  the  sanction  of  the  Legislature.  They  defined  who 
were  the  persons  having  cither  a  legal  or  an  equitable  interest  in 
the  old  Jesuit  property. 

A.  1792,  November  7. 

Proceedings  of  the  Chapter,  White  Marsh,  7  Nov.,  1792. 

Present  the  following  members.  RRd.  Messrs.  James  Walton  and 
Rob.  Molyneux  for  the  southern  District,  John  Ashton  and  Charles 
Sewall  for  the  middle  District,  and  John  Bolton  for  the  northern  District. 

The  Rt.  Rev.  Bishop  also  attended  according  to  request. 

.  .  .  Chapter  desirous  of  having  it  ascertained,  who  are  the  members 
of  the  Clergy  belonging  to  the  body  associated,  and  entitled  to  the  benefit 
of  their  constitution,  acknowledges  their  number  at  present  to  be  twenty- 
two;2  viz. 

Rt.  Rev.  JOHN  CARROL  RR.  Messrs.  THOMAS  DIGGES 

JAMES  PELLENTZ  LEWIS  ROELS  BERNARD  DIDERICK 

ROB.  MOLYNEUX  JAMES  WALTON  JOHN  ASHTON 

JOHN  BOLTON  CHARLES  SEWALL  SILVESTER  BOARMAN 

JOHN  BOARMAN  AUSTIN  JENKINS  LEONARD  NEALE 

FRANCIS  BEESTON  JOSEPH  EDEN  LAURENCE  GRAISSL 

HENRY  PILE  FRANCIS  NEALE  CHARLES  NEALE. 

NICOLAS  DELVAUX  and  D.  P.  ERNTZEN. 

Eesolved:  1°.  That  the  clergymen  above  enumerated  are  entitled, 
under  the  constitution  of  the  Clergy  and  agreeably  to  the  terms  thereof, 
to  a  provision  from  the  estates  of  the  Clergy,  unless  they  be  otherwise 
sufficiently  provided  by  the  congregations,  on  which  they  bestow  their 
services. 

1  No.  159,  A. 

•  For  the  names  of  twenty-six  members,  declared  or  elected  to  be  such,  at  tJie  first 
meeting  of  the  Corporation,  25  Feb.,  1794,  see  No.  172,  A,  1?,  2? 


§  14]  No    163,  A.     CHAPTER   BENEFICIARIES,    1792  721 

2°  That  other  clergymen  who  are  not  incorporated,  but  render  the 
services  which  were  usually  performed  by  those  who  were  maintained  from 
the  estates  of  the  Clergy,  shall  be  entitled  to  a  similar  maintenance  as 
long  as  they  so  exercise  their  ministry,  unless  they  be  otherwise  supported 
in  part  or  in  whole  by  their  congregations.3  * 

Hd.-N.  Y.  Province  Archives,  1792,  Nov.  7,  Proceedings  of  the  General 
Chapter  held  at  the  White  Marsh  on  the  7".1  day  of  November,  1792  ;  6  pp. 
small  4to,  a  copy ;  f.  3. 

Of  these  twenty-two  persons,  four  are  not  found  in  catalogues  of  the 
Society  before  the  Suppression :  Francis  Neale,  Joseph  Eden,  Paul 
Erntzen,  and  Nicholas  Dehaux.  Neale,  youngest  of  seven 
brothers,  all  brought  up  under  the  Jesuits,  and  sixth  of  the  seven 
to  ask  for  admission  into  the  Society,  had  been  too  young  at  the 
moment  of  the  Suppression  to  take  his  vows,  if  he  was  so  much  as 
an  accepted  novice*  He,  as  well  as  Eden,  Erntzen,  and  Delvaux, 
had  been  ordained  priests  under  the  patronage  of  the  ex-Jesuit 
Pontijical  Academy  at  Liege.5 

3  Cf.  No.  168,  A,  20?    Cf.  Nos.  119,  [r//.],  Marcchal's  statement  to  the  Propa- 
ganda ;  179,  T,  8? 

4  William  and  Anne  (Brooke)  Neale  of  Portobacco,  had  seven  sons,  of  whom  six 
entered  the  Society  or  applied  far  admission  after  their  studies  at  St.  Omer's,  Bruges, 
or  Lifgc  :  William  Chandler,  a  Jesuit  priest  in  England  ;  Joseph,  ivho  died  when  in 
the  class  of  Rhetoric,  and  took  simple  vmvs  of  devotion  on  his  death-bed;  Oswald 
(Roswell),  who  was  in  the  class  of  Grammar,  and  died  too  young  to  be  granted  liis 
desire  for  the  same  privilege ;    Raphael,  who  married,   but  died  soon ;    Leonard, 
conspicuous  in  these  pages ;    Charles,  who  had  not  quite  finished   liis  two  years' 
novitiate,  when  the  Stippression  occurred ;  finally,  Francis  Neale,  born  3  June,  1756, 
and  therefore  only  seventeen  years  of  age  at  the  moment  of  the  Suppression.     Of  six 
daughters,  one,  Ann,  became  a  Poor  Clare  at  Aire  in  Artois ;    two  died  in  their 
infancy  :  Mary  was  the  mother  of  the  Rev.  William  Matthews  ;  Clare,  who  married  a 
Brent  and  a  Slye,  was  the  mother  of  Chandler  Brent ;  Eleanor  married  a  Holmes  and 
a  Boarman.     Father  Francis  Dzierozynski,  Siiperior  of  the  Maryland  Mission,  sent  to 
the  General  an  extensive  biographical  note  about  the  family,  on  occasion  of  Father 
Charles  Neale' s  death  (27  Apr.,  1823),  saying  that  a  notice  of  this  family  should  be 
entered  in  the  records  of  the  Society  of  Jesits :  Notitia  domus  hujus  sane  meretur,  ut 
in  fastis  Societatis  suuni  locum   inveniant.      (General  Archives   S.J.,   torn.   Prov. 
Maryl.  Hist.  Dom.  Summ.  Vit.  1846-1889,  apparently  enclosed  originally  in  a  letter 
of  Dzierozynski,  12  Jime,  1823,  to  the  General.     Cf.  Md.-N.  Y.  Province  Archives, 
1783,  the  year  of  L.  Neale's  return  to  Maryland  from  Demarara ;   Dzierozynski' s 
rough  draft  of  tlic-  above  ;  3  pp.  fol.     Cf.  No.  152,  A.) 

5  Cf.  No.  150,  N2,  note  51,  p.  661.     Father  William  Strickland,  on  behalf  of  the 
Academy  at  Liege,  writes  (1  Oct.,  1788)  to  Bishop  James  Talbot,  Vicar  Apostolic, 
asking  for  his  support  in  recovering  from  Rome  the  property  which  belonged  to  that 
College.    He  offers  a  formula  for  the  bishop  to  subscribe ;  and,  from  the  manner  of 
his  address,  he  would  seem  to  have  met  with  encouragement :  summa   cum  animi 
alacritate  .  .  .  confugio.     On  the  second  folio  he  gives  a  list  of  those  who  had  finished 
their  course  of  higher  studies  at  the  Academy,  and  been  ordained  priests  under  its 
patronage  :   Qui  studia  philosophica  aut  theologica  aut  utraque  absolverunt,  et  ad 
sacros  ordines  per  Academiam  Leodiensem  promoti  sunt.     The  list  comprises  thirty- 
three  names,  including  those  of  ten,  who  are  teaching  in  the  Academy.     The  names  of 
Americans  or  of  such  as  are  working  in  America  stand  thus  :  D.  Nihil,  Leon.  Brooks, 
missionarii    jam    in    Anglia ;    Fra.    Beeston,    Stanis.    Cerfeurnont,   Jos.   Eden,   in 
America ;  Fran.  Neale ;  Car.  Neale,  a  confessionibus  Antwerpiae  ;    +  Jos.  Boone, 


722  No.  164.     THE  MARYLAND   CHARTER,    1792  [IV 

Why  James  Franibacli,  a  veteran  missionary  of  standing,  was  passed 
over  in  the  foregoing  list,  does  not  appear ;  unless  it  he  that  he 
had  proved  recalcitrant  to  orders  given  in  the  previous  Chapter 
meeting  about  retiring  from  the  mission  at  Frederick ,6  and  there- 
fore was  now  ignored.1  At  the  date  of  the  present  Chapter  in 
1792,  they  have  not  succeeded  in  removing  the  old  invalid  from 
Frederick  to  an  honourable  retirement  at  Bohemia.  The  list, 
hoivever,  was  revised,  corrected  and  enlarged  at  the  first  meeting 
of  the  Corporation,  fifteen  months  later  (35  Feb.,  1794),  ana 
Franibaclis  name  was  duly  entered  with,  those  of  others,  omitted 
in  1792* 

No.  164.  1792,  December  23. 

Act  of  Assembly,  23  Dec.,   1792 :   creating  a  Corporation  for  the 
protection  of  the  old   Jesuit  property.      To   simplify  for  the 

mortuus  Leodii,  theologus  ;  Paul  Erntzen  .  .  .  .  theologi  parantes  se.     (Westminster 
Diocesan  Archives,  1788,  1  Oct.,  Strickland,  letter  Dno.  Jacobo  Talbot.) 

Of  two  memoranda  by  Strickland  in  the  English  Province  Archives  one  may  be  of  a 
different  date  from  the  foregoing  ;  for  it  mentions  that  Becston  is  actually  at  work  in 
England,  after  being  graduated  from  Liege  ;  Fathers  Sewal  [Nicholas],  Pole,  Beeston, 
Joy,  Ed.  Nihell,  Jo.  Dunn.  The,  FatJiers  in  office  at  Liege  are  Ch.  Wright,  Marm. 
Stone,  Joa.  Hughes,  Joa.  Spencer,  Her.  Kemper,  Th.  Angier,  Joa.  Lawrenson,  W. 
Auderton,  Chr.  Wright.  Two  have  died  in  England  :  Jo.  Glosset,  Mar.  Langdale.  This 
catalogue  is  draion  up  to  show  that  the  Mission  has  derived  considerable  advantages 
from  the  institution  of  the  Academy  at  Liege ;  and-  the  formula  which  Strickland 
uses  regarding  the  graduates  of  tJte  institution  is  that  they  have  all  finished  their 
higher  studies  and  have  been  ordained  priests  under  the  protection  and  by  means  of 
the  Academy.  Tlie  other  memorandum  agrees  with  that  submitted  to  Bishop  James 
Talbot.  (English  Province  Archives,  MSS.  n.,  Ex- Jesuits,  Society  in  Russia,  Liege 
Academy,  etc.,/.  190.  Ibid.,  a  loose  4to  sheet,  in  Strickland's  hand.) 

As  to  Delvaux,  he  is  referred  to  by  Bishop  Carroll,  as  a  disciple  of  the  Stonyhurst 
gentlemen,  that  is  to  say,  when  they  were  still  at  Liege.  In  1798,  after  speaking  to 
Ploivden  of  his  own  relative,  Charles  Wharton,  who  is  confirmed  in  obduracy,  he  goes 
on  to  say ;  But,  if  his  conduct  affords  no  ground  for  hope,  it  will  be  some  consolation 
to  the  gentlemen  of  Stonyhurst  to  hear,  that  their  disciple,  Mr.  Delvaux,  who  fell  into 
grievous  disorders,  and  finally  into  apostacy  within  a  few  years  after  corning  to  America, 
sollicited  readmission  into  the  Church,  and  promised  compliance  with  the  peni- 
tential course  which  should  be  prescribed.  I  directed  him  to  enter  into  a  proba- 
tionary state  under  the  rigid  discipline  of  the  true  son  of  the  Society,  Mr.  James 
Walton  ;  but  he  had  scarce  begun  his  religious  exercises  under  him  in  the  month  of 
August  last,  when  he  was  seized  with  a  fever  ;  and,  having  persisted  obstinately,  as 
his  custom  was,  to  be  his  own  physician,  he  soon  yielded  to  the  violence  of  the 
disorder ;  happy,  as  I  hope,  in  being  allowed  to  live,  till  he  could  have  those  succours, 
of  which  in  his  former  situations  he  would  have  been  deprived.  (Md.-N.  Y.  Province 
Archives,  1798,  Dec.  IS,  Carroll  to  Plowden ;  3  pp.  4to,  No.  53.) 

6  No.  156,  K,  3? 

7  Cf.  Nos.  143,  [F/.].  7-y  Carroll's  Plan  of  Organization;  146,  H,  15",  16°,  Chapter 
Form  of  Government.      But  the  case  was  definitively  covered  for  the  future   by  a 
resolution    of    tlw    Representatives,  at  their  first    meeting    (3    June,    1795),   after 
incorporation  :  Resolved  ...  7?  That  invalids  must  reside  in  such  house  belonging  to 
the  R.  C.  Clergy  as  shall  be  appointed  them  by  the  Representatives,  or  in  such  other 
place  as  said  Representatives  may  approve  of;    otherwise  they  shall  forfeit  their 
claim  to  any  pension  from  the  public  fund.     (Md.-N.  Y.  Province  Archives,  No.  3, 
p.  7,  minutes  of  the  Representatives,  as  above,  No.  162,  p.  705.) 

8  No.  172,  A,  2" 


§  14]  No.  164,  A.     THE  MARYLAND    CHARTER,    1792  723 

reader  the  legal  diffuseness  of  style  in  a  statute,  we  shall  empha- 
size some  words  or  passages,  for  the  sake  of  calling  attention  to 
points  of  consequence  in  subsequent  controversy. 

A.  1792,  December  23. 

Summary  of  the  Act,  passed  23  Dec.,  1 792. 

[7-]  Rehearsing  the  petition  that  certain  property  heretofore  dedicated  to 
pious  uses,  but  held  by  individuals,  may  be  secured  legally  to  its  purposes  ; 

[//.]  It  enacts  that  the  individuals,  seized  of  property  for  the  said  pious 
uses,  are  hereby  allowed  and  authorized  to  make  a  Declaration  of  their  trust ; 

[///.]  Then  all  the  persons,  in  whose  favour  the  said  Declaration  shall 
have  been  made,  and  who  are  citizens  of  the  State  of  Maryland,  are  authorized  to 
meet,  organize,  maJce  bye-laws,  elect  from  three  to  five  Trustees,  who,  assuming 
a  corporate  name  and  certifying  the  same,  shall  be  possessed  in  their  corporate 
capacity  of  all  the  property  covered  by  the  Declaration,  and  shall  control  and 
manage  it ; 

[iv.]  And  thenceforth  shall  have  the  usual  powers  of  a  self-governing 
Corporation  to  the  aforesaid  purposes? 

Maryland  Sc* 

At  a  Session  of  the  General  Assembly  of  Maryland,  begun  and  held 
at  the  city  of  Annapolis  on  Monday  the  fifth  of  November,  and  ended  the 
twenty-third  day  of  December,  in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  ninety-two.  His  Excellency  Thomas  Sim  Lee  Esquire, 
Governor.  Amongst  others  the  following  law  was  enacted. 

1  Cf.  No.  115,  §  13,  Mgr.  MarechaVs  summary  of  this  same  Act;  ibid.,  §  14,  the 
omission  of  all  allusion  to  the  Declaration  made  in  virtue  of  the  Act.  In  the  use  made 
by  him  of  this  CJiarter,  as  seen  throughout  Section  III.,  the  Declaration  of  Trust,  to 
be  made  in  favour  of  specific  persons  for  the  operation  of  the  Act,  is  ignored.  Neverthe- 
less, he  uses  the  Declaration,  "copied,"  he  says,  "from  tlie  public  register  of  the  City 
of  Annapolis  "  (No.  135,  A,  Prop.  6) ;  but  it  is  for  tJie  purpose  of  extracting  a  list  of  the 
estates  (ibid.,  Prop.  7).  As  is  seen  in  the  Declaration  (No.  167),  wliich  is  triple,  being 
made  in  an  identical  formula  by  the  three  Trustees,  Walton,  Molyneux,  and  Ashton, 
the  list  of  estates  cannot  possibly  be  seen  without  the  beneficiaries  also  being  seen — the 
estates  being  the  subject  and  tlie  beneficiaries  being  named  in  tJw  predicate  consisting 
of  one  sole  clause,  which  is  the  object  of  tlie  Declaration.  As  to  the  Act  of  1806  (No. 
165),  which  rehearses  ilie  Charter,  and  names  expressly  wJio  the  beneficiaries  were 
declared  to  be,  Marechal  does  not  allude  to  it.  His  summary  of  this  fundamental  Act 
is :  "  An  Act,  by  which  certain  estates  and  properties  are  protected  for  the  use  and 
support  of  ministers  of  the  Roman  Catholic  Church.  I.  All,  who  possess  in  their 
individual  names  [certain]  goods  consecrated  to  sacred  or  pious  uses,  shall  throw 
them  into  one  mass ;  and  the  revenues  arising  thence  shall  be  applied  for  ever  to 
the  use  and  support  of  Catholic  priests  who  legitimately  exercise  the  ministry 
in  Maryland.  II.  Roman  Catholic  priests,  within  one  year  from  the  day  on 
which  the  present  decree  shall  have  been  published,  shall  meet  in  one  place,  and 
there  elect  not  more  than  five  nor  less  than  three  priests ;  who  once  elected,  and  their 
successors  in  like  manner  legitimately  elected,  shall  for  ever  be  held  before  the 
magistrates  of  Maryland  as  the  true  possessors  and  administrators  of  all  ecclesi- 
astical goods  belonging  to  the  Catholic  Church  in  Maryland"  (No.  115,  §  13). 
We  have  noted  in  brackets  a  word  "  certain,"  which  is  essential  to  the  summary,  but  has 
been  omitted ;  and  we  have  spaced  the  interpolations  which  appear  in  the  summary,  but 
are  not  in  tlie  Act.  The  said  interpolations  comprise  seven  or  eight  distinct  elements, 
either  not  in  the  purvieio  of  the  instrument,  or  not  with  that  extension  exhibited  in 
Marechal' s  summary. 


724  No.  164,  A.     THE  MARYLAND   CHARTER,    1792  [IV 

No.    55.     An  Act  for  securing  certain  estates  and  property  for  the 
support  and  uses  of  ministers  of  the  Roman  Catholic  religion. 

[/.]  Whereas  it  has  been  represented  to  this  General  Assembly,  that 
certain  property  real,  personal  and  mixed,  or  the  rents  and  profits  thereof, 
have  been  heretofore  applied  to  the  use,  support  and  maintenance  of 
ministers  of  the  Roman  Catholic  religion,  although  the  said  property  hath 
been  held  and  possessed  by  certain  individuals  as  the  legal  proprietors 
thereof,  but  under  a  confidential  or  implied  trust,  that  the  said  property  and 
the  rents  and  profits  thereof  should  be  faithfully  applied  to  the  use,  support  or 
maintenance  of  the  ministers  of  the  Roman  Catholic  religion  :  and  whereas, 
by  the  Declaration  of  Rights,  all  gifts,  sales  or  devises,  for  the  support, 
use  or  benefit,  of  any  minister  or  preacher  of  the  Gospel  as  such,  or  of  any 
religious  sect  or  denomination,  without  the  leave  of  the  Legislature,  are 
declared  to  be  void  :  and  whereas  it  is  highly  reasonable  and  just  to  grant 
unto  ministers  of  the  Roman  Catholic  religion,  who  are  citizens  of  this 
State,  that  legislative  aid,  without  which  they  will  be  desti- 
tute of  that  protection  and  security  to  their  property,  to 
which  they  are  entitled  equally  with  every  other  sect  or  denomination  of 
Christians : 

[//.]  Be  it  therefore  enacted  by  the  General  Assembly  of  Maryland, 
that  every  legal  proprietor  or  possessor  of  any  property,  real,  personal  or 
mixed,  held  or  possessed  on  or  before  the  fourteenth  day  of  August,  seven- 
teen hundred  and  seventy  six,2  under  a  confidential  trust,  that  the  same 
or  the  rents  or  profits  thereof  should  be  applied  to  the  use,  support  or 
maintenance,  of  ministers  of  the  Eoman  Catholic  religion,  and  every 
legal  proprietor  or  possessor  of  any  property,  real,  personal  or  mixed, 
acquired  since  the  fourteenth  day  of  August,  seventeen  hundred  and 
seventy  six,  by  exchange  for  property  sold  under  a  confidential  trust,3  as 
aforesaid,  before  the  said  fourteenth  day  of  August,  seventeen  hundred 
and  seventy  six,  may  have  full  power  and  authority  at  any  time 
hereafter  to  execute  an  instrument  of  writing,  declaring  the  purposes 
for  which  the  said  property  hath  been  or  is  held  in  confi- 
dential trust;  which  said  Declaration,  so  to  be  made,  shall  be  signed  by 
the  party  making  the  same  in  presence  of  two  witnesses,  and  acknowledged 
in  the  same  manner  as  deeds  are  directed  by  law  to  be  acknowledged  ;  and 
on  the  said  Declaration  shall  be  endorsed  the  affidavit  of  the  party,  that 
the  property  comprehended  in  such  Declaration  was  really  and  bona  fide 
held  for  pious  purposes  or  acquired  as  aforesaid;  and  the  same  affi- 
davit shall  be  recorded,  with  the  same  Declaration,  within 
six  months  after  the  execution  thereof. 

2  Date  of  the  first  Constitutional  Convention  of  Maryland.     Cf.  No.  86,  p.  293. 

3  This  clause  must  have  been  adequate  to  meet  the  scruples  of  those  who  had 
opposed  for  a  while  the  erection  of  Georgetown  College  because  the  outlay  would  impair 
the  fund  of  old  Jesuit  property,  hoping  as  they  did  to  restore  it  intact  at  the  revival 
of  the  Society.     See  No.  152,  C. 


§  14]  No.  164,  A.     THE  MARYLAND    CHARTER,    1792  725 

[///.]  And  be  it  enacted,  that  it  shall  and  may  be  lawful  for  the 
ministers  of  the  Roman  Catholic  religion,  within  this  State,  citizens 
thereof,  exercising  their  ministerial  functions  agreeably  to  the  rules  and 
discipline  of  their  church,  and  in  whose  favour  the  said  Declara- 
tion shall  have  been  made,  to  convene  at  a  place,  to  be  by  them 
agreed  on,  within  twelve  months  from  the  passing  of  this  Act,  and  then 
and  there  adopt  such  Regulations  for  the  management  of  their 
estates  and  temporalities,  as  shall  seem  fit  and  adviseable  to  a 
majority  of  the  members  so  convened  ;  and  the  said  ministers,  or  a  ma- 
jority of  them,  so  met,  shall  then  and  there  choose  from  their  own 
body  certain  persons,  not  less  than  three  nor  more  than  five,  who  shall 
assume  the  style,  name  and  title,  by  which  they  are  to  be  designated  and 
known ;  and  shall  certify  the  same  under  their  hands  and  seals  within 
three  months  thereafter  to  the  clerk  of  the  General  Court  of  the  Western 
Shore,  who  is  hereby  authorised  and  required  to  record  the  same  in  the 
records  of  the  laws  of  this  State,  at  the  expence  of  the  said  Corporation  ; 
and  thereupon  the  said  persons  and  their  successors  shall  be  a  body 
politic  or  corporate  by  the  name  and  designation  so  assumed  by  them, 
for  carrying  into  execution  more  effectually  the  Regulations 
aforesaid  and  the  provisions  of  this  Act;  which  said  body 
corporate  shall  immediately  be  seized  and  possessed,  in  as  full  and  ample 
manner,  and  of  the  same  estate,  title  and  interest,  in  law  and  equity,  of 
all  such  property,  then  declared  in  manner  aforesaid  to  be  held  by  any 
person  or  persons,  upon  the  trusts  and  to  the  uses  hereinbefore 
mentioned,  or  which  thereafter  shall  be  declared  to  be  held  by  any 
person  or  persons  to  the  said  uses  and  upon  the  said  trusts  before  the 
fourteenth  day  of  August,  seventeen  hundred  and  seventy  six,  or  acquired 
since  that  period  by  exchange  for  property  so  held,  as  the  person  or 
persons  making  such  Declaration  now  hold  and  possess  the  same  ;  and  the 
said  property  with  the  rents,  issues  and  profits  thereof,  shall  from  thence- 
forth be  under  the  sole  control  and  management  of  the  said  Corporation 
or  body  politic  and  their  successors,  subject  nevertheless,  at  all  times 
hereafter,  to  be  taken  into  the  valuation,  as  other  property  liable  to 
assessment. 

[iv.]  And  be  it  enacted,  that  all  vacancies  occasioned  by  death,  resigna- 
tion or  other  disqualification,  of  any  person  constituting  the  said  Corpora- 
tion or  body  politic,  shall  be  filled  and  supplied  from  time  to  time,  by 
other  person  or  persons,  elected  or  appointed  by  the  ministers  of  the 
Roman  Catholic  religion  within  this  State,  citizens  thereof,  and  acting 
agreeably  to  the  Rules  and  Directions  to  be  established  at 
their  first  meeting  to  be  held  pursuant  to  this  Act,  or  by  a 
majority  of  them  present  at  such  election  or  appointment ;  and  it  shall 
and  may  be  lawful  for  the  ministers  aforesaid,  qualified  as  aforesaid,  to  meet 
as  often  as  may  be  necessary  for  their  general  interests  or  concerns,  or  to 
fill  up  vacancies  occasioned  by  death,  resignation  or  other  disqualification, 


726  No.  165.      THE   MARYLAND  ACT,    1806  [IV 

of  any  persons  constituting  the  Corporation  or  body  politic  aforesaid ; 
which  said  Corporation  or  body  politic  and  their  successors  shall  be 
capable  of  suing  and  being  sued,  impleading  and  being  impleaded,  in  any 
court  of  law  and  equity  within  this  State  by  their  corporate  name,  in  as 
full  and  effectual  manner  as  any  other  person  or  persons,  bodies  politic 
or  corporate,  may  sue  or  be  sued,  implead  or  be  impleaded. 
By  the  Senate,  Dec.  22,  1792.  Read  and  assented  to. 

By  order.     H.  Ridgely  Clk. 

By  the  House  of  Delegates,  Dec.  23,  1792.     Read  and  assented  to. 
By  order.     Wrn.  Harwood  Clk. 

THOS.  S.  LEE. 
The  great  seal  in  wax  appendant. 

General  Archives  S.J.,  Maryl.  Epist.,  2,  if.  ;  a  copy,  6,  7  Dec.,  1825, 
attthenticated  by  Th.  Harris,  Clerk,  Court  of  Appeals,  Western  Shore,  Maryland ; 
certified  by  John  Buchanan,  Chief  Judge,  State  of  Maryland ;  bij  Tho.  Cullreth, 
Clerk,  Council  of  State,  Maryland ;  by  Ramsay  Waters,  Register,  Couri  of 
Chancery,  Maryland ;  and  accompanied  by  letters  patent  of  Henry  Clay,  Federal 
Secretary  of  State,  Dec.  16, 1825.  Copy  taken  from  Lib.  J.  G.,  No.  1,  fol.  634 
scq_.  (Ch.  55).  Cf.  No.  140,  A,  note  1. 

No.  165.  1806,  January  28. 

Act  of  Assembly,  rehearsing  the  foregoing  Act  of  1792,  and  confirm- 
ing the  Corporation,  28  Jan.,  1806.  On  occasion  of  the  danger 
mentioned  before,1  whereby,  in  1805,  nearly  all  the  property  was 
found  to  be  liable  to  escheat,  through  the  defect  of  an  ill-worded 
will,  several  measures  were  proposed  for  saving  the  estates.  There 
is  much  literature  in  the  archives  treating  of  the  emergency. 
Carroll,  Francis  Neale,  Bitouzey,  and  others,  all  'betray  confusion 
of  mind,  and  confess  their  ignorance  as  to  the  property  involved, 
and  the  means  of  liberating  it.  One  measure  proposed  was  that 
of  discovering  the  escheat,  calling  for  a  re-survey  of  the  vacated 
lands,  and,  by  the  payment  of  purchase  money  to  the  State,  taking 
up  the  entire  property  anew.  We  find  ten  formulas  on  hand, 
properly  stamped  as  issued  by  the  Land-Office,  Western  Shore, 
signed  in  the  margin  ~by  John  Kilty,  Eeg.  Ld.  Off.,  W.S.,  the 
29th  day  of  May,  1805,  each  at  a  cost  of  "  31jSd,"  wherein  Mr. 
Germain  Barnabas  Bitouze,  of  Prince  George's  County  (White 
Marsh),  appears  as  the  discoverer  of  the  escheat,  gives  instructions 
to  the  surveyors,  etc.  The  tracts  covered  by  the  ten  formulas  are : 
St.  Thomas'  Manor;  St.  Inigoes  Manor;  Chapel  Lands,  St. 
Mary's  Co.;  St.  George's  Island;  Britton's  Neck  and  Outlett 
(Newtown) ;  Carrolsburg,  Cheney's  Plantation,  Ridgcley  and 

1  No.  04,  C. 


§   14]  No.  165,  A.     THE  MARYLAND  ACT,    1806  727 

Tylors  Lott,  Cheney's  Adventure  (contiguous  Wliite  Marsh 
tracts);  Ayno,  Bright  Seat,  Little  Bright  Seat  (tracts  distant 
from  White  Marsh) ;  Thomas'  Beginning,  Addition  thereto, 
Part  of  Maiden's  Bower  Secured,  Part  of  Pogmod's ;  Arabia 
Petrea  (Deer  Creek  tracts);  Mountain  Prospect,  Frederick  Co. 
In  the  formulas  there  are  spaces  left  vacant  for  the  name  of  the 
person  said  to  have  died  intestate  (Father  James  Quin),  as  well 
as  for  the  dates  of  the  original  grants. 

Instead  of  this  method,  which  may  have  proved  too  cumbersome  and 
expensive,  if  not  impracticable,  the  Corporation  resolved  to  address 
the  Legislature,  and  secure  an  act  of  confirmation,  ratifying  the 
past.  The  two  bishops,  Carroll  and  Neale,  were  appointed  a 
committee  to  obtain  the  said  remedy.  As  the  requisite  Act  was 
passed  some  five  months  later,  we  presume,  that  Carroll  was  as 
much  the  godfather  of  the  second  Act,  as  he  had  been  of  the  Jirst. 
The  resolution  of  the  Corporation  ran  as  follows  : 

A.  1805,  August  5. 

Proceedings  of  the  Corporation,  5  Aug.,  1805. 

2.  It  being  surmised  that  some  essential  error  was  committed  in 
making  originally  the  transfer  of  the  property,  held  in  confidential  trust, 
to  the  Corporation  ;  for  which  error  there  is  no  remedy  but  an  Act  of  the 
Legislature  :  Resolved,  that  the  Rt.  Rev.  Bishop  Carroll  and  Neale  be  a 
committee  to  take  the  best  legal  advice  on  the  subject,  and  make  prepara- 
tion for  an  application  to  the  Assembly  at  their  next  session  for  such 
remedy,  if  it  be  judged  necessary  and  advisable. 

.  .  .  Signed :  +  J.  Bish!>  of  Bait1.6  +  LEOND  NEALE,  BP  of  Gortyna. 
HENRY  PILE.  ROBT  PLUNKETT.  J.  B.  BITOUSEY. 

Md.-N.  Y.  Province  Archives,  Proceedings  of  the  Corporation,  5  Aug.,  1805. 
There  was  a  full  Board  present,  viz.  the  tivo  Bishops,  with  Pile,  Phinkett,  and 
Bitouzey,  who  all  sign,  as  usual,  m.p.  The  4th  and  last  resolve  of  the  minutes, 
reporting  the  agent's  accounts,  is  in  Carroll's  hand. —  The  correspondence  and 
memoranda  on  the  threatened  escheat  are  in  the  same  Province  Archives, 
Correspondence  under  date ;  also  ibid.,  in  T,  Z,  etc. 

It  is  to  be  noted  in  the  following  Act  (1806)  that,  as  the  recital  [/.]  of 
the  previous  Act  (1792)  is  not  strictly  verbatim,  but  really  a 
summary,  and  the  account  [//•]  of  the  same  preceding  enactment 
having  gone  into  operation  is  a  statement  of  conditions  fulfilled, 
we  have  an  independent  legislative  statement  by  the  General 
Assembly  of  what  its  former  Act  contained  and  meant.  Hence 
we  reproduce  it  in  full,  and  emphasise  as  before  the  relevant 
points. 


728  No.  165,  B.     THE  MARYLAND  ACT,    1806  [IV 

B.  1806,  January  28. 

Summary  of  the  Act  passed  28  Jan.,  1806. 

[/.]  Rehearsal  of  previous  Act,  1 792. 

\.n.]  Declaration  that  all  the  conditions  were  fulfilled  by  the  parties 
interested,  the  three  individual  legal  proprietors  having  made  known  their 
confidential  trust,  as  being  in  favour  of  those  who  were  formerly  members  of  the 
Religious  Society  heretofore  knoion  by  the  name  of  the  Society  of  Jesus. 

[///.]  Enactment  that  the  said  Corporation  is  hereby  confirmed  ; 

[-f^.]  And  that  it  stands  legally  possessed  of  all  the  property  so  specified 
in  the  instruments  of  Walton,  Molyneux,  and  Ashton. 

[vr.]  One  proviso  is  added,  that  nothing  in  the  Act  touches  or  changes  the 
vested  rights  of  any  person  to  any  item  of  the  property  covered  by  the  Declara- 
tion of  Walton,  Molyneux,  and  Ashton. 

Maryland  Sc' 

At  a  Session  of  the  General  Assembly  of  Maryland,  begun  and 
held  at  the  City  of  Annapolis  on  Monday  the  fourth  of  November,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  five,  and  ended  the 
twenty  eighth  day  of  January,  one  thousand  eight  hundred  and  six.  His 
Excellency  Robert  Bowie  Esquire,  Governor.  Amongst  others  the 
following  law  was  enacted,  to  wit : 

No.  118.  An  Act  for  the  benefit  of  the  Corporation  of  the  Roman 
Catholic  Clergymen  and  for  other  purposes. 

[/.]  Whereas  by  an  Act  of  the  General  Assembly  of  Maryland,  passed 
at  November  session,  seventeen  hundred  and  ninety  two,  entitled,  An  Act 
for  securing  certain  estates  and  property  for  the  support  and  uses  of 
ministers  of  the  Roman  Catholic  religion,  it  was  among  other  things 
enacted,  that  every  legal  proprietor  or  possessor  of  any  property  held 
under  a  confidential  trust,  in  the  said  Act  specified,  should  have  power 
and  authority  to  execute  an  instrument  of  writing,  declaring  the 
purposes  for  which  the  said  property  was  holden  : 

And  whereas  it  was  also  by  the  said  Act  enacted  that  it  should  be 
lawful  for  certain  persons  of  the  Roman  Catholic  religion,  in  the  said 
Act  specified,  to  convene  at  a  place  to  be  by  them  agreed  on  within  the 
time  limited  by  the  same  law,  and  then  and  there  adopt  such  Regulations 
for  the  management  of  their  estates  and  temporalities,  as  should  seem  fit 
and  advisable  to  a  majority  of  the  said  ministers  so  convened,  and  that  the 
said  ministers  or  a  majority  of  them  so  met  should  then  and  there  choose 
from  their  own  body  certain  persons,  not  less  than  three  or  more  than 
five,  who  should  assume  the  style,  name  and  title,  by  which  they  were  to 
be  designated  and  known,  and  certify  the  same  under  their  hands  and 
seals  within  the  time  limited  by  the  said  Act  to  the  clerk  of  the  General 
Court  for  the  Western  Shore,  who  was  thereby  directed  to  record  the 
same  in  the  records  of  the  laws  of  the  State  : 

[//.]  And    whereas    the   aforesaid    ministers    of    the    Roman    Catholic 


§  14]  No.  165,  B.     THE  MARYLAND  ACT,    1806  729 

religion  have,  agreeably  to  the  authority  delegated  by  the  said  recited 
Act,  convened  and  assumed  to  themselves  the  style,  name  and  title  of  the 
Corporation  of  the  Roman  Catholic  Clergymen,2  and  certified 
the  same  under  their  hands  and  seals  to  the  clerk  of  the  General  Court 
for  the  Western  Shore,  and  the  same  hath  been  recorded  among  the 
records  of  the  laws  of  the  State : 

And  whereas  the  Reverend  James  Walton,  Robert  Molyneux 
and  JohnAshton,  by  several  instruments  in  writing,3  sealed  with  their 
seals,  each  bearing  date  on  the  third  day  of  October,  seventeen  hundred 
and  ninety  three,  and  recorded  among  the  records  of  the  late  General 
Court  for  the  Western  Shore,  in  Liber  I.  G.  No.  3,  folios  285,  286,  287, 
288  and  289,  by  which  said  instruments  of  writing  it  was, 
agreeably  to  the  provisions  of  the  said  recited  Act,  declared, 
that  all  and  every  the  property,  in  the  said  instruments  of  writing 
specified,  had  been  and  was  held,  by  the  respective  persons  executing  the 
same,  under  a  confidential  or  implied  trust,  for  the  use,  benefit  and  main- 
tenance of  the  ministers  of  the  Roman  Catholic  Church,  now  exercising 
their  ministerial  functions  within  the  United  States  of  America,  agreeably 
to  the  rules  and  discipline  of  their  church,  and  who  were  formerly 
members  of  the  religious  society  heretofore  known  by  the 
name  of  the  Society  of  Jesus. 

And  whereas  doubts  have  arisen,  whether  there  may  not  have  been 
some  formal  inaccuracy  in  the  above  recited  proceedings,  and  a  memorial 
having  been  presented  on  behalf  of  the  Corporation  of  the  Roman 
Catholic  Clergymen,  praying  that  any  defects  existing  may  be  remedied ; 
and  the  object  of  the  said  memorial  appearing  reasonable,  therefore : 

[///.]  Be  it  enacted  by  the  General  Assembly  of  Maryland  :  That  the 
Corporation  of  the  Roman  Catholic  Clergymen  is  hereby 
confirmed  under  and  by  that  name,  and  under  the  name  and  style  of 
the  Corporation  of  Roman  Catholic  Clergymen  shall  have  all 
the  estates,  rights  and  authorities  meant  to  be  vested  in  or  transferred 
to  the  Corporation  intended  and  authorised  to  be  established  under  and 
by  virtue  of  the  above  recited  Act,  entitled  an  Act  for  securing  certain 
estates  and  property  for  the  support  and  uses  of  ministers  of  the  Roman 
Catholic  religion,  passed  at  November  session,  seventeen  hundred  and 
ninety  two. 

[/r.j  And  be  it  enacted:  That  the  Corporation  of  the  Roman 
Catholic  Clergymen  shall  be  seized  and  possessed  in  and  of  all  and 
every  the  property,  specified  in  the  several  above  recited  instruments 
severally  executed  by  the  Reverend  James  Walton,  Robert  Moly- 
neux and  John  Ashton,  each  being  dated  on  the  third  day  of  October, 
seventeen  hundred  and  ninety  three,  and  recorded  among  the  records  of 
the  late  General  Court  of  the  Western  Shore,  Liber  I.  G.  N:  3,  folios  285, 

1  No.  169,  A.  3  No.  167. 

VOL.  i.  SB 


730  No.  166,  A.     THE  MARYLAND  ACTS,    1808,   1894  [IV 

286,  287,  288  and  289,  in.  as  full  and  ample  a  manner  and  of  the  same 
estate,  title  and  interest,  in  law  and  equity,  as  the  said  several  persons 
executing  the  aforesaid  instruments  of  writing  respectively  then  held  and 
possessed  the  same  : 

IT.]  Provided  always  that  nothing  in  this  Act  contained  shall  operate 
to  affect  the  rights  acquired  by  any  person  to  any  property  mentioned  in 
the  aforesaid  several  instruments  of  writing. 

By  the  House  of  Delegates,  January  28th,  1806.     Read  and  assented  to. 

By  order.     Jno.  Brewer,  Clk. 

By  the  Senate,  January  28th,  1806.     Read  and  assented  to. 
By  order.     Thos.  W.  Hall,  Clk. 

ROBERT  BOWIE. 
The  Great  Seal  in  wax  appendant. 

General  Archives  S.J.,  Maryl.  Epist.,  2,  u. ;  a  copy,  authenticated  as  above, 
No.  164,  p.  726. 

No.  166.  1808,  1894. 

Acts  of  1808  and  1894:  enlargement  of  the  Corporation's  powers. 
At  the  General  Assembly  of  1808,  a  private  law  was  passed 
(chapter  37),  enabling  the  Corporation  to  acquire  a  tract  of  land, 
that  of  the  Patuxcnt  Meadows,  a  valuable  addition  to  White 
Marsh.  The  meaning  of  this  enabling  Act  is  explained  by  the 
circumstance,  that  the  previous  law  of  1792  (chapter  55}  had 
only  empowered  the  Select  Body  of  Clergy  to  incorporate  itself, 
for  the  protection  of  the  property  actually  in  its  possession, 
unto  the  uses  heretofore  intended;  and  the  later  Act  of  1806 
(chapter  118)  had  merely  confirmed  the  Corporation  within  the 
limits  of  its  former  capacity.  The  transaction,  which  called  for 
further  powers  on  the  part  of  the  Trustees,  is  explained  in  the 
Roman  memorial  of  diaries  Neale  and  Benedict  Fenwick  (Nov. 
22,  1822).  After  recounting  the  history  of  the  White  Marsh 
donation,  Fenwick' s  autograph  copy  proceeds  as  follows  : 

A.  1822,  November  22. 

The  Charles  Neale  and  Benedict  Fenwick  Memorial,  on  the  occasion  for 
this  Act  of  1808. 

...  It  must  be  here  observed  that  to  the  property  left  by  the  testator, 
James  Carroll,  an  addition,  consisting  of  a  tract  of  very  valuable  land 
of  133  acres,  was  not  very  long  ago  purchased  by  Germain  Barnaby 
Bitouzey,  a  member  of  the  Corporate  Clergy,  and  by  him  conveyed  over 
to  them,  for  which  he  paid  the  sum  of  eight  hundred  dollars.  This 
addition  is  called  in  the  deed,  conveying  the  said  property,  Patuxent 
Meadows,  and  was  purchased  of  William  Bowie  of  Watten  [?],  Prince 


§  14]  No.  166,  B,  C.     THE  MARYLAND  ACTS,    1808,   1894  731 

George's  County,  who  bought  the  same  of  Colmore  Duval  and  had  it 
conveyed  to  him,  on  or  about  the  2d.  clay  of  September,  1807,  as  the 
deed  shows,  recorded  in  Lib.  I.  R.  M.,  N°  12,  one  of  the  land  records  of 
Prince  George's  County.  It  lies  sufficiently  convenient  to  the  Church, 
and  much  nearer  than  other  tracts  willed  by  James  Carroll.  .  .  . 

B.  1808. 

Act  of  1808,  chapter  37.     Abstract. 

No.  37.  Whereas  Germain  Barnaby  Betouzey,  by  his  petition  to  this 
General  Assembly,  hath  set  forth  that  the  Corporation  of  the  Roman 
Catholic  Clergy  are  possessed  of  a  tract  of  land  called  Carrolsburg  and 
part  of  another  tract  called  Cheney's  Adventure,  lying  and  being  in 
Prince  George's  County,  and  that  a  vacancy  was  discovered  and  taken  up 
between  the  same  by  a  certain  Colrnan  Duvall,  which  vacancy  was  after- 
wards purchased  by  the  said  Germain  Barnaby  Bitouzey,  and  praying 
that  he  may  be  authorized  to  transfer  his  title  to  the  said  Roman  Catholic 
Clergy ;  and  the  prayer  of  the  petitioner  appearing  reasonable,  the  said 
petition  is  herewith  granted  ;  the  property  to  be  held,  occupied  and  enjoyed 
by  the  said  Corporation  and  their  successors,  in  the  same  manner  and  for 
the  same  uses  and  purposes,  that  the  lands  are  held  or  occupied  and 
enjoyed  by  them,  under  an  Act  of  Assembly  entitled,  "  An  Act  for 
securing  certain  estates  and  property  for  the  support  and  uses  of  members 
[ministers  ?]  of  the  Roman  Catholic  religion."  1 

Finally,  under  date  of  9  Feb.,  1894  (chapter  13),  the  Corporation 
received  the  most  ample  enlargement  of  powers  from  the  General 
Assembly  : 

C.  1894. 

Act  of  1894,  chapter  13.     Abstract. 

No.  13.  After  citing  the  Act  of  Session,  1792,  chapter  55,  and  its  sup- 
plements, the  Acts  of  1806,  chapter  118,  and  1808,  chapter  37,  it  enacts  the 
present  law  in  eight  sections.  Approved,  9  Feb.,  1894.  The  title  will  suffice 
here  : 

An  Act  to  amend  the  Corporation  .  .  .  incorporated  by  Acts  .  .  . 
and  to  amend  and  enlarge  the  powers  of  the  said  Corporation,  and  to 
authorize  said  Corporation  to  take,  receive  and  hold  by  purchase,  gift, 
lease,  devise,  bequest,  legacy  or  in  any  other  manner,  any  real  or  personal 
property,  and  the  same  to  alien,  sell,  transfer,  mortgage,  grant  or  convey,  and 
to  explicitly  authorize  the  said  Corporation  to  alien,  sell,  transfer,  grant  or 
convey  any  property,  real  or  personal,  acquired  by  it  under  the  said  Act  of 
1792,  ch.  55,  1805,2  ch.  118,  1808,  ch.  37,  or  acquired  by  it  in  any  other 

1  No.  164,  A. 

•  Designating  the  Session,  which  began  4  Nov.,  1805. 


732  No.  167.     DECLARATIONS   OF  TRUSTEES,    1793  [IV 

manner  since  the  passage  of  said  Acts,  and  to  ratify  and  confirm  any  sale, 
gifts,  transfers,  mortgages  and  deeds  executed  to  it  or  by  it,  or  the 
trustees  thereof,  since  the  original  incorporation  thereof,  and  to  remove  any 
doubts  arising  out  of  the  language  of  said  Acts. 

General  Archives  S.J.,  Maryl.  Epist.,  6,ii.,  Charles  Neak's  Memorial,  com- 
posed by  Benedict  Fenwich,  22  Nov.,  1822 ;  p.  23. — Md.-N.Y.  Province  Archives, 
(b)  White  Marsh,  an  ample  plot  of  the  tracts  at  White  Marsh,  done  by  John 
McGill,  surveyor  of  Prince  George's  Co.,  who  has  surveyed  the  133  acres  of 
Patuxent  Meadows,  as  vacant  land,  for  Colemore  Duval,  Oct.  28, 1805.  For  the 
party.  Ibid.,  Cc,  Charters,  copies  of  the  Acts  passed  by  the  Assembly  of  Mary- 
land, 1808,  1894. 

No.  167.  1793,  October  3. 

Declarations  of  Walton,  Molyneux  and  Ashton,  1793.  In  accord- 
ance with  the  Act,  empowering  the  members  of  the  Select  Clergy  to 
convene  and  organize  under  the  legal  provisions  offered,  a  con- 
stituent meeting  was  held  on  the  l$h  day  of  October,  1793,  at  St. 
Thomas's  Manor.  This  was  within  the  twelve  months  allowed  for 
profiting  by  the  Act.  The  day  before  the  meeting  and  the  day 
after  were  both  used  for  the  fulfilment  of  necessary  conditions  on 
the  part  of  those  who  had  been  Trustees  heretofore,  and  of  those 
who  ivere  to  be  Trustees  hereafter.  The  Trustees  of  heretofore 
came  forward  and  declared  their  trusts  for  the  purpose  of 
incorporation.  On  3  Oct.,  each  of  the  three,  who  happened  to 
be  invested  with  property  of  the  Select  Clergy,  certified  under 
oath  what  was  the  property  confided  to  him,  and  who  lucre  the 
beneficiaries.  The  new  Trustees,  who  seem  to  have  been  elected 
at  the  constituent  meeting  of  4  Oct.,  used  the  day  after  for 
giving  the  name  or  title  to  the  new  Corporation,  which  then 
began  to  be,  on  5  Oct.,  1793.  We  begin  with  the  Declarations. 

James  Walton  represented  almost  alone  the  old  order  of  things, 
for  he  was  the  heir  of  George  Hunter.  To  allow  of  a  com- 
parison between  the  property,  as  Hunter  left  it,  with  the  same 
as  Walton  held  it,  we  shall  compare  the  items  in  the  Declaration 
of  the  latter  with  the  corresponding  items,  if  any  there  be, 
in  Hunter's  two  wills,  the  earlier  of  which  bore  the  date  of 
1769,  the  last  and  effectual  one  that  of  1778.  As  to  the  other 
Trustees,  Molyneux  and  Ashton,  they  stood  invested  with  three 
more  pieces  of  property,  ivhich  local  or  temporary  circumstances 
had  assigned  to  them.  Molyneux  had  some  of  the  lands  pur- 
chased at  Tuckahoe  on  the  Eastern  Shore,1  and  Ashton  held  a 

1  No.  95,  J,  L. 


§  14]       No.  167,  A  and  B.     DECLARATIONS   OF  TRUSTEES,    1793        733 

tract  of  White,  Marsh,  called  Cheney's  Adventure?  as  well  as 
the  Deer  Creek  purchase,  consisting  of  a  part  of  Arabia  Pctrea, 
which  he  bought  in  1786  by  order  of  the  Select  Clergy?  The 
fact  of  his  having  the  title  to  Cheney's  Adventure  intimates  that 
he  had  likewise  purchased  that  property. 

A.  1793,  October  3. 

Walton's  Declaration,  3  Oct.,  1793. 

I  James  Walton,  of  the  County  of  Saint  Mary  and  State  of  Maryland, 
do  by  virtue  of  these  presents  make  known,  publish  and  declare,  in  con- 
formity and  agreeably  to  an  Act  of  Assembly  of  the  State  of  Maryland, 
entitled,  An  Act  for  securing  certain  estates  and  property  for 
the  support  and  uses  of  the  Ministers  of  the  Roman  Catholic 
Religion,  that  the  real  property  hereafter  specified,  viz.  :  St.  Inigo's 
Manor,  and  St.  George's  Island,  lying  in  St.  Mary's  County  and  containing 
about  three  thousand  acres  ;  the  lands  in  St.  Mary's  commonly  called 
Chapel  Lands  containing  twenty  acres  more  or  less,  Britton's  Neck  and 
Outlett  lying  in  St.  Mary's  County  containing  seven  hundred  acres  more 
or  less,  (1)  St.  Thomas's  Manor  lying  in  Charles  County  containing  four 
ohousand  acres  more  or  Iess3(a>  and  the  several  lesser  tracts  (2)  adjoining 
that  part  of  the  said  Manor  lying  on  the  East  side  of  Port  Tobacco  Creek, 
(3)  Carrollsburg  lying  in  Prince  George's  County  and  containing  two 
thousand  acres  more  or  less,  Cheney's  Plantation  adjoining  thereto  and 
containing  one  hundred  and  fifty  acres  more  or  less,  Ridgeley  and  Tyler's 
Lott(b)  in  the  said  County  and  containing  sixty  four  acres  more  or  less  (4), 


B.  1769,  May  31  ;   1778,  July  22. 

George  Hunter's    Wills,  1769   and  1778.      Points   of  divergence  from 
Walton's  enumeration. 

(1)  The  two  wills  insert  here  :   The  land  in  St.  Mary's  County  com- 
monly called  Mooney's  Land,  containing  two  hundred  acres  more  or  less. 

(2)  The  two  wills  add :  belonging  to  me. 

(3)  1 769  adds  :  my  lands  in  Zakia  called  Gates's  hope  and  Maidstone 
or  whatsoever  name  or  names  [this  land  or]  those  lands  in  Zakia  is  or  are 
called,  reputed  or  known  by,  and  containing  about  four  hundred  acres 
more  or  less. 

(4)  Both  wills  are  wanting  in  Cheney's  Plantation  and  Tyler's  Lott. 

(a)  Words  erased  in  draft :  Wilkinson's  Range  Part  of  Pye's  Chance. 

(b)  Words  erased  in  draft :  adjoining  to  Ch. 

-  Cf.  infra,  B,  (4). 

3  No.  85,  B,  C.  Arabia  Petrea.  ...  It  was  purchased  by  Fr.  John  Ashton,  by 
order  of  the  Clergy  for  their  benefit,  of  James  Calhoun  of  Baltimore,  for  the  sum  of 
645  pounds,  15  shillings,  current  money.  The  deed  and  all  other  papers  are  on  hand. 
(General  Archives  S.J.,  Maryl.  Epist.,  6,  ii.,  C.  Ncalc-B.  Fenwick  Memorial,  22  Nov., 
1S22 ;  pp.  19,  20.)  Cf.  No.  129,  A,  ad  note  1. 


734       No.  167,   A  cmd  B.     DECLARATIONS  OF  TRUSTEES,    1793         [IV 

Hainault  commonly  called  Aino,  Bright  Seat  and  Little  Bright  Seat  (5) 
lying  in  Ann  Arundell  County  and  containing  seven  hundred  acres  more 
or  less  (6),  Thomas's  Beginning  lying  in  Harforcl  County  and  containing 
fifty  acres  more  or  less,  the  Addition  to  Thomas's  Beginning  adjoining 
thereto  lying  in  Harford  County  and  containing  sixty  five  acres  more  or 
less,  a  part  of  a  tract  of  land  called  Maidens  Bower  Secured  lying  in. 
Harford  County  and  containing  eighteen  acres  more  or  less  (7) ;  a  part  of 
a  tract  of  land  lying  also  in  Harford  County  on  Deer  Creek,  commonly 
called  Pogmod's  and  containing  thirty  six  acres  more  or  less  (8) ; 4  two  lots 
of  ground  in  Baltimore  Town  in  Baltimore  County ;  Mountain  Prospect 
lying  in  Frederick  County,  and  containing  six  hundred  acres  more  or  less ; 
the  lots  of  ground  belonging  to  me  in  Frederick  Town  in  Frederick  County 
(9) ;  my  lands  on  or  near  Little  Bohemia  River  in  Cecil  County  containing 
about  eleven  hundred  acres  more  or  less  (10) ;  my  lands  at  or  adjoining  St. 
Joseph's  in  Talbot  County,  containing  one  hundred  and  forty  four  acres 
more  or  less  (11) ;  and  also  all  other  my  lands  and  real  estate  whatsoever  in 
(12)  the  State  of  Maryland  •  and  all  the  mixed  and  personal  property,  annexed 
and  appertaining  to  these  several  estates,  (13)  hath  been  and  now  is  held 
by  me,  the  said  James  Walton,  under  a  confidential  or  implied  trust  for 
the  use,  benefit  and  maintenance  of  the  ministers  of  the  Roman 
Catholic  Church,  now  exercising  their  ministerial  func- 
tions within  the  United  States  of  America,  agreeably  to 
the  rules  and  discipline  of  their  Church,  and  who  were 


(5)  Ilie  two    wills    omit    these    secondary  names,   Aino  and  the  Bright 
Seats. 

(6)  The  two  wilh  add:  Fingal  lying  in  Ann  Arundel  County;  1769 
continues  :  containing  four  hundred  acres  more  or  less.5 

(7)  The  two  ivills  are  wanting  in  these  parcels  of  Harford  County,  l)ut 
say  in  general  of  the  same  tracts  in  what  was  formerly  Baltimore  County  : 
Deer  Creek  in  Baltimore  County  containing  one  hundred  and  forty  acres 
more  or  less. 

(8)  Both  wills  are  wanting  in  Pogmod's. 

(9)  Both    wills :    my    lot  ...  in   Baltimore    Town  .  .  .  my     three 
lotts  .  .  .  Frederic  Town. 

(10)  Both  wills:  and  all  my  lands  on  or  near  Bohemia  .  .   . 

(11)  Both  wills  are  wanting  in  this  clause  about  St.  Joseph's  in  Talbot 
County. 

(12)  The  formula  of  the  wills  diverges  from  this  point,  as  infra. 

(13)  Formula  added  in  the  wills:  in  this  province  of  Maryland,  and 
colony  of  Virginia,  and  province  of  Pensylvania  or  elsewhere,  to  hold  the 

From  Thomas'  Beginning  down  to  Pogmod's  meant  what  was  commonly  called 


Deer  Creek. 

*  1 
White 


si  \jiztii\i. 

5  From  Carrolsburg  to  Fingall  the  enumerations  cover  what  was  commonly  called 

lite  Marsh.     Cf.  No.  62,  C.     On  the  alienation  of  Fingall,  sec  No.  135,  A,  note  21. 


§  14]  No.  167,  C,  D.     DECLARATIONS  OF  TRUSTEES,    1793  735 

formerly     members     of     the    Religious    Society,     heretofore 
known  by  the  name  of  the  Society  of  Jesus. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  seal,  this  third 
day  of  October,  Anno  Domini,  1793. 

Manu  propria  :  JAMES  WALTON 
Signed,  Sealed  and       ^ 
Delivered  in  presence  > 
of  ) 

m.p.  Henry  Barnes. 

Henry  H.  Chapman. 


said  lands  [1769  :  particularized  and  all  other  my  lands]  and  real  estate 
whatsoever  and  wheresoever  with  their  and  each  and  every  of  their  rights, 
members  and  appurtenances  to  him  the  said  [1769  :  John  Lewis  ;  1778: 
James  Walton  ;  and  in  default  by  death,  in  the  former  case  to  Joseph 
Moseley  of  Queen  Ann's  County ;  in  the  latter  to  John  Bolton  of  Charles 
County ;  each  heir  in  all  cases  becoming  sole  executor]. 

C.  October  3d.  1793. 

State  of  Maryland         \ 

Charles  County,  to  wit.  ( 

Then  came  before  us,  two  of  the  United 

States  Justices  of  the  Peace  for  the  County  aforesaid,  the  Rev.  Mr.  James 
Walton  and  acknowledged  the  within  instrument  of  writing  to  be  his  act 
and  deed,  and  that  the  whole  of  the  property,  which  he  is  now  in  the 
actual  and  rightful  possession  of,  whether  real,  personal  or  mixed,  is  by 
him  vested  in  manner  and  form,  according  to  the  true  intent  and  mean- 
ing of  the  Act  of  Assembly,  entitled  an  Act  for  securing  certain  estates 
and  property  for  the  support  and  uses  of  the  Ministers  of  the  Roman 
Catholic  Religion. 

Acknowledged  before  and  certified  by 

HENEY  BARNES.     HENRY  H.  CHAPMAN. 

D. 

At  the  same  time,  to-wit  on  the  day  and  year  last  aforesaid,  personally 
appeared  before  us,  the  subscribers  as  aforesaid,  the  Rev.  Mr.  James 
Walton  and  made  oath  on  the  holy  Evangels  of  Almighty  God,  that  all 
the  property,  whether  real,  personal  or  mixed,  now  in  his  actual  posses- 
sion, he  always  and  now  in  bona  fide  holds  for  pious  purposes,  acquired 
either  before  the  fourteenth  day  of  August  in  the  year  seventeen  hundred 
and  seventy  six,  or  acquired  since  that  time  in  exchange  for  property 
held  before  the  said  fourteenth  day  of  August,  seventeen  hundred  and 
seventy  six,  in  manner  as  in  the  within  written  Declaration  is  expressed, 
and  for  the  purposes  as  therein  mentioned.  Sworn  before 

HENRY  BARNES.     HENRY  H.  CHAPMAN. 


736  No.  167,  E-G.     DECLARATIONS   OF   TRUSTEES,    1793  [IV 

E. 

Received  the  15th  day  of  October,  1793,  to  be  recorded,  and  the  same 
day  recorded  in  Liber  I.  G.  N?  3,  folio  285,  one  of  the  General  Court 
Land  Record  Books  for  the  Western  Shore,  State  of  Maryland,  and 
examined  by 

JNO.  GWINN  Clk. 

F.  1793,  October  3. 

Molyneux's  Declaration,  3  Oct.,  1793. 

I  Robert  Molyneux,  of  the  County  of  Montgomery  and  State  of 
Maryland,  do  by  virtue  of  these  presents  make  known,  etc.,  as  in  Walton's 
formula,  that  the  real  property  hereafter  specified,  viz.  :  a  tract  of  land 
known  by  the  name  of  St.  Joseph's  lying  in  Talbot  County,  containing 
two  hundred  and  seven  acres  and  half  more  or  less,  hath  been  and  now 
is  held  by  me  under  a  confidential  or  implied  trust,  for  the  use,  benefit, 
and  maintenance  of  the  Ministers  of  the  Roman  Catholic  Church, 
now  exercising  their  ministerial  functions  within  the  United 
States  of  America,  agreeably  to  the  rules  and  discipline 
of  their  Church,  and  who  were  formerly  members  of  the 
Religious  Society  heretofore  known  by  the  name  of  the 
Society  of  Jesus.  In  testimony  whereof  .  .  . 

ROBERT  MOLYNEUX. 

Signed,  Sealed  and  Delivered,  etc. 

Same  Justices  as  for  Walton's  act, 
with  same  acknowledgment  and  affi- 
davit, and  subsequent  certijicate  of 
record,  with  same  dates. 

G.  1793,  October  3. 

Ashton's  Declaration,  3  Oct.,  1793. 

Same  formula  as  the  two  preceding,  the  only  difference  being  in  the 
property  specified :  a  part  of  Arabia  Petrea  in  Harford  County  containing 
three  hundred  and  forty  four  acres  more  or  less,  and  a  part  of  Chaney's 
Adventure  containing  one  hundred  acres  more  or  less,  in  Prince  Georges 

County.  .  .  . 

JOHN  ASHTON. 

On  his  authenticated  copies 
Gwinn  endorses : 

The  Rev.  Mr.  Walton      }  T 

mu    -r>        T\/T     T\/T  i  Declaration 

Che  Rev.  Mr,  Molyneux      f  p          fc 

The  Rev.  Mr.  Ashton 

Md.-N.  Y.  Province  Archives,  (d)  Bolicmia,  Walton's  Declaration,  a  copy  or 
draft;  1  fol.  sheet.  Ibid.,  F  (G),  authentic  copy  of  the  original  document  as 
taken,  2  May,  1804,  from  the  original  Record,  by  Chvinn,  Clk.,  as  above.  Ibid., 
copies  in  like  form  of  the  two  other  Declarations.  Ibid.,  (k)  Charters,  Molyneux's 
Declaration;  2pp.  fol.,  seemingly  autograph. 


§  1 4]  No.  168,  A.     CONSTITUENT  MEETING,    1793  737 

No.  168.  1793,  October  4. 

The  constituent  meeting:   the  Select  Body  of  the  Clergy  fulfilling 

the  conditions  of  the  Charter.      We,  select  lure  from  the  minutes 

of  4  Oct.,  1793,  the  points  which  regard  the  legitimate  constitution 

of  the  Corporation,  or  Trustees,  whose  original  records  begin  as 

follows : 

A.  1793,  October4. 

Proceedings  of  the  Roman  Catholic  Clergy  convened  at  St.  Thomas's 
Manor  on  the  4th  day  of  October,  1793. 

Whereas  an  Act  of  Assembly  for  securing  certain  estates 
and  property,  for  the  support  and  uses  of  the  Ministers  of  the 
Roman  Catholic  Religion,  was  passed  in  the  last  session  of  the 
Assembly  of  Maryland,  begun  on  the  first  Monday  of  November,  1792, 
authorising  and  directing  every  legal  proprietor  or  possessor  of  any 
property,  real,  personal  or  mixed,  held  under  a  confidential  or  implied 
trust  expressed  in  the  said  Act  of  Assembly,  to  execute  an  instrument  of 
writing,  declaring  the  purposes  for  which  the  said  property  has  been  or 
was,  at  the  time  of  passing  the  said  Act,  held  in  confidential  trust ; 

And  whereas,  in  compliance  with  the  Act  aforesaid,  instruments  of 
writing  have  been  executed,  declaring  the  confidential  or  implied  trust 
above  recited  : 

A  majority  of  those  Ministers  of  the  Roman  Catholic  Church,  citizens 
of  the  State  of  Maryland,  exercising  their  functions  agreeably  to  the  rules 
and  discipline  of  their  Church,  and  in  whose  favour  the  said  Declaration 
was  made,  convened  by  agreement  at  St.  Thomas's  Manor,  near  the  town 
of  Port  Tobacco,  in  Charles  County,  on  the  4th  day  of  October,  1793  ;  and 
then  and  there  did  adopt  the  following  resolves  and  regulations  for  the 
management  of  their  estates  and  temporalities. 

1?  Resolved,  that  the  persons  present  are  a  majority  of  those,  in  whose 
favour  the  Declarations  were  made  by  the  possessors  or  proprietors  of 
property  held  under  the  confidential  or  implied  trust  expressed  in  the 
Act  of  Assembly. 

2?  That  the  members  present  are  the  following,  viz.  :  The  Rt.  Rev. 
John  Carroll,  the  Rev.  Messrs.  James  Walton,  Aug.  Jenkins,  John  Boar- 
man,  Henry  Pile,  Charles  Sewall,  Joseph  Doyne,  Leonard  Neale,  Charles 
Neale,  Robert  Molyneux,  John  Ash  ton,  John  Bolton,  Sylvester  Boarman.1 

3?  That  the  election  of  Trustees  be  made  by  the  Representatives 2 
of  the  Select  Body  of  Clergy. 

4?  That  all  admission  into  the  Select  Body  of  Clergy  be  made  by  the 
election  of  the  Trustees,"  without  appeal. 

1  See,  No.  163,  A.     For  the  names  of  twenty -six  members  declared  or  elected  to  be 
such,  at  the  first  meeting  of  the  Corporation,  25  Feb.,  1794.,  see  No.  172,  A,  2v 
•  Tlie  former  General  Chapter. 
3  The  new  body  corporate,  or  Corporation. 


738  No.  168,  A.     CONSTITUENT  MEETING,    1793  [IV 

5?  Three  Trustees  to  form  a  quorum. 

6?,  7?.   Trustees   to    be    elected    triennially.      They   are    removable     at 
pleasure  by  the  Select  Body. 

8?— 12?  Representatives  :  distribution  of  Maryland  Counties  into  three 
Districts,  for  the  election  of  two  apiece.  Said  election  to  be  triennial.  The 
duties  of  their  secretary  in  this  matter.  Their  quorum  to  consist  of  a 
majority.  They  must  meet  at  least  once  in  three  years  for  the  election  of 
Trustees,  and  other  incidental  business. 

13?  Trustees:  their  agent's  books,  and  accounts,  always  open  to  the 
Representatives. 

14?  TJie  same  agent :  he  is  to  pay  all  public  expenses  as  regulated 
by  the  Representative  Body.4 

15?  The  Trustees  for  the  present  may  regulate  the  number  of  Select 
Body  of  Olergy,  always  remaining  subject  to  directions  from  the  Repre- 
sentatives. 

16?  That  the  Trustees  are  required  to  have  particular  attention  to 
the  interests  of  the  former  members  of  the  Society  of  Jesus  ;  and,  in  case 
of  its  future  establishment  in  this  State,  to  use  their  best  endeavours  to 
restore  the  estates  to  its  members ;  and  they  shall  elect  them  into  the 
Select  Body  in  preference  to  all  others. 

17?  That,  where  a  manager  5  is  wanting  to  an  estate,  the  Trustees, 
after  advising  with  the  Bishop  and  obtaining  his  approbation,  shall  have 
the  appointment. 

18?  That  notorious  immoral  conduct,  grievous  uncanonical  disobedience 
to  ecclesiastical  authority,  habitual  neglect  of  the  duties  of  a  clergyman 
engaged  in  the  care  of  souls,  open  opposition  and  violation  of  the  established 
regulations  of  the  Select  Body  of  Clergy,  shall  be  sufficient  causes  for 
depriving  the  person  or  persons  guilty  of  any  of  them  from  a  share  in  the 
administration  or  profits  of  the  estates  secured  by  law.  In  the  above 
cases,  the  Corporation  shall  have (a)  [p.  4]  power  to  judge ;  but  an  appeal 
may  be  made  to  the  Representatives  of  the  Clergy  and  Bishop,  jointly 
convened  for  that  purpose.6 

19?  That  the  Corporation  shall  not  alienate  real  property  without  the 
consent  of  the  Representatives  of  the  Clergy. 

20?  That  the  Corporation  may  admit  members  recommended  by  the 
Bishop  to  a  participation  of  the  profits  of  the  estates  pro  tempore,  tho' 
they  should  not  be  received  as  members  of  the  Select  Body.' 

21?  That  the  Corporation  may  contract  with  managers  of  estates  for 

(a)  Here  at  the  foot  of  p.  3,  the  following  insertion  has  teen  erased :  The  representative  body  here 
signifies  the  former  Chapter,  which  has  regulated  all  public  expenses  before  the  Act  of  Incorporation. 
This  declaration  appears  later,  and  probably  at  the  same  time  ivas  inserted  here ;  but  the  tampering  with 
farmer  minutes  was  judged  to  be  irregular ;  and  hence  probably  the  erasure  was  made  in  this  place.  Cf. 
NOB.  162,  E,  10;  175,' H,  10;  N,  6? 

4  See  No.  162,  E,  note  6. 

5  Cf.  No.  162,  J,  ad  note  26,  Ashton's  criticism. 

G  Cf.  No.  162,  J,  Ashton's  strictures  in  connection  with  this  regulation. 
7  Cf.  No.  163,  A,  29 


§  14]  No.  168,  A.     CONSTITUENT  MEETING,    1793  739 

annual  sums  of  money  to  be  deposited  in  the  hands  of  their  agent,  and 
to  be  at  their  disposal  for  public  uses. 

22?  That  the  Bishop  of  Baltimore,  and  his  successors  for  the  time 
being,  shall  be  entitled  to  the  salary,  as  now  established,  of  £  Currl7  210 
per  annum,8  provided  that  the  future  Bishop  be  not  appointed  without 
the  free  election  of  the  clergy  of  this  diocese,  or  of  a  part  of  them  selected 
for  that  purpose.9 

23?  That  the  Trustees  shall  not  alter  any  contract  made  by  the  clergy 
of  this  State  with  any  Society  of  clergymen  not  of  their  body,10  nor 
concerning  the  College  of  Georgetown,  or  pensions  allotted  to  clergymen, 
without  the  request  of  the  Select  Body,  and  agreeably  to  the  spirit  and 
meaning  of  such  contracts. 

24?  That  the  Trustees,  before  they  enter  on  their  office,  shall  bind 
themselves  by  oath  made  according  to  law,  that,  during  their  continuance 
in  that  office,  they  will  truly  and  faithfully  execute  the  trust  reposed  in 
them,  according  to  the  true  intent  and  meaning  of  the  regulations  adopted 
or  to  be  adopted  by  the  ministers  of  the  Roman  Catholic  Church,  for  the 
management  of  their  estates  and  temporalities. 

So  the  minutes  of  this  constitutional  meeting  dose.  They  resume  in 
the  twenty-four  resolutions  many  of  the  principles  acted  on 
lief  ore,  and  they  start  the  new  era  of  legalized  existence  on  the 
part  of  the  old  Select  Body  of  the  Clergy.  The  Chapter  hence- 
forth assumes  the  name  of  Representative  Body  in  face  of  the 
incorporated  Board,  and,  while  equal  in  authority  to  what  it  was 
before,  and  superior  to  the  Corporation  or  Trustees,  it  is  no  longer 
charged  with  the  ordinary  executive  administration. 

The  secretary  docs  not  add  nor  prefix  any  notice  of  the  prescribed 
election,  whereby  from  three  to  five  Trustees  were  to  be  appointed, 
the  same  who  should  become  the  Corporation  on  the  assumption  of 
a  name.  It  is  quite  probable  that  the  five  persons  were  already 
designated,  under  the  direction  of  the  Carroll- Walton  committee 
or  agency  appointed  in  the  year  1789  ;  n  and  that,  on  the  present 
occasion,  it  was  a  question  of  the  merest  formality  to  vote  for 
them.  Tliey  appear  in  the  full  exercise  of  their  duties  on  the 
next  day,  5  Oct. 

The  oath  required  of  them  embodied  the  words  of  the  last  regulation 
(24°).  An  old  formula  of  promise,  to  observe  the  rules  of  the 

8  No.  157,  A. 

9  Cf.  No.  157,  p.  693. 

10  This  clearly  refers  to  tlie  Sulpicians,  with  whom  the  Select  Body  had  already 
established  relations.     Sec  No.  170,  C  scq. 

11  No.  159,  A,  2? 


740  No.  168,  B,  C.     CONSTITUENT  MEETING,    1793  [IV 

Select  Body,  had  held  for  all  members.12  The  oath,  as  appointed 
for  Trustees  in  the  future,  was  regularly  entered  in  the  minutes 
at  the  triennial  election  of  every  new  Board,  and  was  signed  "by 
the  members.  Thus,  to  quote  the  formula  of  the  oath  taken  ly 
Bishop  Carroll  when  for  the  first  time  he  sat  as  a  Trustee,  and 
henceforth  to  lie  taken  by  him  at  the  four  subsequent  triennial 
elections  till  his  death,13  the  minutes,  after  certifying  the  election, 
continue  as  follows : 

B.  1802,  October  13. 

Proceedings  of  tlie  Corporation,  Ncivtown,  13  Oct.,  1802.  The  oath  of 
the  Trustees. 

.  .  .  Wherefore  the  said  Rt.  Rev.  Messrs.  John  Carroll  and  Leond 
Neale,  the  R.R.  Messrs.  James  Walton,  John  Bolton  and  Barnaby 
Betouzey,  constitute  the  present  Corporation  of  the  Select  Body  aforesaid. 

It  being  provided  by  the  resolves  and  regulations  of  the  R.  Cath. 
Clergy,  enacted  at  their  general  meeting  at  St.  Thomas's  M[awor], 
Oct.  4th,  1793,  Sect.  24,  that  the  Trustees,  before  they  enter  on 
their  office,  shall  bind  themselves  by  oath,  made  according 
to  law,  to  a  faithful  execution  of  their  trust,  the  said  Trustees  have 
severally  made  and  signed  in  legal  form  the  following  oath  : 

C. 

Maryland  Scl 

Oct.  13,  1802.  Then  came  before  me,  the  subscriber,  one  of  the 
justices  of  the  peace  of  St.  Mary's  County,  the  persons  underwritten,  who 
made  oath  on  the  Holy  Evangels  of  Almighty  God,  as  follows  : 

We,  whose  names  are  hereto  subscribed,  make  oath  solemnly  on  the 
Holy  Evangels  of  Almighty  God,  that,  during  our  continuance  in  the 
office  of  Trustees,  we  will  truly  and  faithfully  execute  the  trust  reposed  in 
us,  according  to  the  true  intent  and  meaning  of  the  regulations  adopted, 
or  to  be  adopted,  by  the  Ministers  of  the  Roman  Catholic  Church,  for 
the  management  of  their  estates  and  temporalities.14 

Sworn  before  me,  P.  Ford. 

4-  J.  CARROLL,  Bis?  of  Bait1?.  -f  LEON?  NEALE,  Bis1.'  of  Gortyna. 
JOHN  BOLTON.  J.  B.  BrrouzEY.13 

Md.-N.  T.  Province  Archives,  Proceedings  of  the  Corporation,  i.  1-4;  4  Oct., 
1793.     Ibid.,  39,  40 ;  13  Oct.,  1802. 

There  was  no  other  oath  to  take.16 

12  No.  145,  A,  [iv.]. 

13  Cf.  Nos.  113,  p.  369;  117,  E,  note  16 ;  119,  [F.],  note  12  ;  169,  B. 

14  The  whole  of  this  entry  (C)  about  the  oath  is  in  Bishop  Carroll's  own  hand,  vol. 
i.  p.  40  of  the  Corporation  minutes.     The  signatures  which  folloiv  are  autograph. 

15  Cf.  175,  N,  pp.  789,  790. 

16  Cf.  Nos.  119,  [r.],  note  12  ;  126,  B,  ad  note  5. 


§   14]          No.  169,  A,  B.     NAME   OF  THE   CORPORATION,  1793  741 

No.  169.  1793-1820. 

The  name  of  the  Corporation :  a  list  of  the  Trustees.      We  give  the 
recorder's  entry  regarding  the  legal  birth  of  the  Board. 

A.  1793,  October  5. 

Inception  of  the  Corporation. 

At  the  request  of  James  Walton  and  others,  the  following  Declaration 
of  the  Roman  Catholic  Clergy  is  recorded  as  follows,  to  wit : 

Whereas  an  Act  of  the  Assembly  of  the  State  of  Maryland  was  passed 
at  the  session  begun  in  the  month  of  November,  1792,  entitled,  "  An  Act 
for  securing  certain  estates  and  property  for  the  support  and  uses  of  the 
Ministers  of  the  Roman  Catholic  Religion  "  ; 

And  whereas  it  is  therein  enacted  that  Trustees  be  chosen  for  certain 
purposes  expressed  in  the  said  Act : 

We,  the  undersigned,  being  so  chosen,  do  hereby  declare  that  we  have 
assumed  and  do  assume  the  style,  name  and  title  of  "  The  Corporation  of 
the  Roman  Catholic  Clergymen,"  by  which  we  and  our  successors  for  the 
time  being  are  to  be  designated  and  known  ;  and  that  we  hereby  certify 
the  same  under  our  hands  and  seals  at  St.  Thomas's  Manor,  Charles 
County,  this  fifth  day  of  October  and  in  the  year  of  our  Lord  one 
thousand,  seven  hundred  and  ninety  three. 

Test :  Henry  Pile.     John  Bolton. 

JAMES  WALTON  (seal).  JOHN  ASHTON  (seal).  LEONARD  NEALE  (seal). 
ROBERT  MOLYNEUX  (seal).  CHARLES  SEWALL  (seal). 

Recorded  the  15th  day  of  October,  1793,  in  Laws  I.  G.  Nl?  1,  folio  701. 

Georgetown  College  Transcripts,  Marechal  Controversy,  1793 ;  an  authenti- 
cated copy. — Ibid.,  Shea  abstracts,  1818-1825 ;  his  own  copy  (/.  29),  attached  by 
him  to  his  transcript  (ff.  28,  8vo)  of  Mareclial's  Diary  (cf.  infra,  No.  198,  A).  He 
had  found  the  original  pasted  in  a  volume  of  the  Laws  of  Maryland,  in  one  of 
the  public  offices,  I  think  of  Annapolis  (J.  H.  Richards,  Rector,  Georgetown ; 
note  on  the  copy). 

B.  1793-1820. 

Old  list  of  Trustees,  1796-1820  ;  corrected  from  the  Proceedings  of  the 
Corporation. 

Trustees  chosen. 

[In  1793.  James  Walton,  John  Ashton,  Leonard  Neale,  Robert  Moly- 
ncux,  Charles  Sewall.] 

In  1796.  Walton,  Ashton,  Sewall,  Jenkins,  and  [H.  Pile],  F.  Neale 
[vice  H.  Pile],  Octf  14. 

In  "98  [1899].     Walton,  Molyneux,  Ashton,  Sewall,  Leod  Neale. 

In  1802.  Bp.s  Carroll  and  Neale,  Walton,  Molyneux,  [Bolton,  vice 
Molyneux],  Betouzey.  [Pile  and  Plunkett,  vice  Walton  and  Bolton,  before 
1805.] 

1805.     Carroll,  Molyneux,  Pile,  Plunkett,  Betouzey. 


742  No.  169,  B.     NAME   OF  THE    CORPORATION,    1793  [IV 

1808.     Carroll,  Leon(!  Neale,  Molyneux,  Betouzey,  F.  Neale.    [Sylvester 
Soarman,  vice  Molyneux,  1809.] 

1811.     Carroll,  [L.]  Neale,  Plunket,  Ch.  Neale,  Betou/ey. 
1815.     Carroll,  [L.]  Neale,  F.  Neale,  Maleve*. 
And  in  1816.     B?  Neale,  Grassi,  F.  Neale,  Maleve,  Edelen. 
And  in  1817.     B.  F.  [Benedict  FenwicJi],  loco  Grassi. 
1818.     Ch.  Neale,  F.  Neale,  Maleve",  Edelen,  B.  F. 
1820.     Kohlmann,  C.  Neale,  F.  Neale,  Edelen,  B.  F. 

Md.-N.  Y.  Province  Archives,  (k)  Charters  ;  a  long  slip  in  hand  of  Enoch 
FenwicJc  (?). 


SECTION    V 

THE   ENDOWMENT   OF   RELIGION,    1792-1822 

§  15.  THE  SELECT  BODY  AND  GENEKAL  EELIGIOUS  INTERESTS, 

1792-1822 

From,  the  Suppression  of  the  Society  in  1773  during  a  period  of  twenty 
years  to  the  date  at  which  our  documents  have  arrived,  there  were 
two  stages  in  the  administration  of  the  old  Jesuit  temporalities. 

One  was  that  of  general  inaction,  covering  a  period  of  ten  years.  This 
state  of  inertia  threatened  a  general  dilapidation  of  the  property. 
For,  with  the  death  of  the  old  members,  it  was  uncertain  who 
would  enter,  not  so  much  into  their  labours,  as  into  the  mere  enjoy- 
ment of  the  good  things,  so  well  prepared  and  husbanded.  Those 
whom  Carroll  styled  adventurers,1  and  whom  Charles  Plowden 
with  more  incisiveness  called  a  strolling  clerical  fraternity, 
lucre  beginning  to  favour  the  country  with  their  presence  and  its 
consequences,  some  of  which  will  betray  themselves  in  the  events 
now  following. 

The  second  stage  was  that  of  the  Select  Body  organized  by  ex-Jesuits, 
but  without  the  advantage  of  legal  incorporation.  This  organiza- 
tion coincided  with  the  establishment  of  a  prefecture-apostolic  in 
the  person  of  one  of  their  number ;  and  the  combination  of  the 
two  factors  proved  satisfactory  in  the  employment  of  temporalities. 
The  real  estate  interests  were  supervised  by  the  executive  called  a 
General  Chapter.  Some  funds  were  created,  and  administered 
by  the  same  Board.  The  action  of  the  Select  Body  shows  the 
ex- Jesuits  resuming  operations  over  much  of  the  field  covered  by 
the  old  Society.  In  Maryland  and  Pennsylvania,  they  were 
maintaining  with  their  farms  and  their  subsidies  a  number  of 
missionaries,  chiefly  of  their  own  body,  who  supplied  the  needs 
of  the  faithful  and  advanced  the  interests  of  religion.  This  was 
from  1783  to  1793. 

1  No.  144,  B. 


744  No.  170.     PROVISION  FOR  SULPICIANS,    1792-1802  [V 

A  third  stage  now  begins  with  the  period  of  legal  existence,  ~by  means  of 
an  incorporated  Board.  In  the  twenty-four  years  which  follow, 
until  Dr.  Marechal  succeeded  the  second  ex-Jesuit  Bishop  of 
Baltimore,  it  is  noteworthy  how  they  extended  their  temporal 
administration  in  various  lines  of  activity ;  and,  as  Catholicity 
increased  rapidly  in  the  States,  they  established  new  centres  of 
Catholic  enterprise.  Having  the  two  bishops  at  their  Board,  they 
attended  to  the  wants  of  the  universal  dioeese,  which  extended 
from  New  York  to  Virginia.  But  then,  with  the  foundation  of 
new  bishoprics,  they  began  to  circumscribe  their  activities,  and 
limit  the  employment  of  their  resources  to  their  own  household  of 
novices  and  scholastics,  without  omitting  some  general  ecclesiastical 
interests,  chiefly  in  the  archdiocese  of  Baltimore.  This  third 
stage  lasted  from  1793  till  1817. 

To  complete  the  episode  of  the  Corporation's  somewhat  abnormal 
administration  after  the  date  of  the  Society's  restoration  in  1814, 
we  shall  sketch  the  career  of  the  Board  till  about  1822.  Only  in 
1826  was  its  exercise  of  authority  superseded  by  a  more  normal 
system  of  management  on  behalf  of  the  Order,  for  the  sake  of 
which  it  had  originally  come  into  being. 

No.  170.  1792-1802. 

Provision  for  the  Sulpicians :  Bohemia  and  Georgetown.  In  the  same 
letter  (12  Oct.,  1791 ;  infra,  B)  in  which  Dr.  Carroll  announces 
to  diaries  Plowden  the  opening  of  Georgetown  Academy,  he  tells 
him  that  the  Sulpicians  have  arrived  in  the  country,  to  establish 
the  second  monumental  establishment  for  Catholicity  in  the 
United  States.  The  preliminaries  had  all  been  settled  while  he 
was  in  England  for  his  consecration,  on  which  occasion  the  Nuncio 
at  Paris  and  M.  Emery,  Superior  General  of  the  Seminary  of 
St.  Sulpice,  had  written  to  him,  desiring  him  to  cross  the  Channel, 
that  measures  might  be  concerted  for  a  Sulpician  Seminary  in 
America.  At  first,  Carroll  demurred.  He  wrote  to  Plowden  at 
the  time:  They  offer  to  bestow  their  services  gratis.  We 
certainly  are  not  ripe  for  a  Seminary  :  it  will  take  some  years 
before  we  have  scholars  far  enough  advanced  to  profit  by 
this  generous  offer.  Accordingly  he  declined  to  visit  Paris} 
However,  six  weeks  later,  he  informed  Lord  Arundell  that 
Mons?  Nagot,  Superior  of  the  Seminary  of  St.  Sulpice,  came 

1  English  Province   Archives,  portfolio  6,  f.  40'',    Carroll,  King's  St.  (London), 
2  Sept.,  1790,  to  Plowden,  Lullworth,  Pool,  Dorset. 


§  i$]          No.  170,  A.     PROVISION  FOR  SULPICIANS,    1792-1802  745 

over  hither,  in  consequence  of  a  previous  correspondence 
between  the  Nuncio  at  Paris  and  me.2  All  preliminaries  were 
then  arranged;  and  he  explained  with  satisfaction  the  funda- 
mental programme  on  which  Catholic  secondary  education  in  the 
United  States  was  founded :  Thus  we  shall  be  provided  with  a 
house  fit  for  the  reception  and  further  improvement  in  the 
higher  sciences  of  the  young  men,  whom  God  may  call  to  an 
Ecclesiastical  state,  after  their  classical  education  is  finished 
in  our  George-town  Academy.  And  now,  a  year  later,  he  tells 
of  the  results. 

A.  1791,  September  3. 

Carroll,  Baltimore,  3  Sept.,  1791,  to  Plowden.     Arrival  of  the  Sulpicians 
in  Baltimore. 

TJie  arrival  of  M.  Nagot,  with  three  other  Sulpicians,  one  as  procurator, 
the  other  two  being  professors*  and  five  seminarians,  amongst  whom  are 
Messrs.  Tulloh  and  Floyd  (English),  Caldwell,  a  native  of  the  United 
States ;  and  one  most  amiable  Frenchman,  already  a  great  proficient  in 
English,  and  a  Canadian.  Besides  these,  came  with  Mr.  Nagot  another 
worthy  priest,  Mr.  Delavan,  lately  Canon  of  St.  Martin  de  Tours,  and  a 
man  of  handsome  private  fortune.  Carroll's  gratification  at  their  arrival. 
Besides  the  Seminary,  which  will  be  the  source  of  many  blessings,  I 
expect  some  other  valuable  and  useful  priests.  One,4  well  known  to 
M.  Nagot,  is  just  arrived  in  Virginia,  with  a  number  of  French  Emigrants 
[emigres],  who  propose  forming  a  settlement  there.  The  arrival,  last  year, 
of  a  Benedictine  Monk  with  a  congregation,  on  the  banks  of  the  Ohio.5  My 
only  apprehension  respecting  the  Seminary  is  a  deficiency  of  means  for  its 
support.  I  believe  that  my  Brethren  will  join  me  in  appropriating  to  its 
use  the  income  of  one  of  our  estates  here,  the  annual  value  of  which  may 
be  sufficient  for  the  support  of  the  four  directors.  In  time,  the  whole  of 
the  clergy  here  will  be  pupils  of  the  Seminary,  and  they  will  not  fail  to 
provide  for  their  alma  mater.  In  the  mean  time,  I  must  seek  assistance 
from  my  friends  to  pay  the  boarding  and  clothing,  &c.,  of  Mr.  Tulloh, 
during  his  studies  ;  this  is,  about  four  years.  He  has  nothing  to  expect 
from  his  family.  The  Bishop  then  goes  on  to  mention  the  names  of  ex- 
Jesuits  in  England,  who  will  continue  in  this  matter  the  liberality  already  so 
amply  exercised  by  their  English  brethren,''  not  to  mention  Mr.  Weld  himself 
and  Father  Charles  Plowden,  icho  have  been  so  generous  heretofore.  The 

2  Ibid.,  f.  38",  Carroll,  London,  4  Oct.,  1790,  to  Lord  Arundell,  Wardour  Castle, 
Salisbury. 

3  The  Rev.  MM.  Tessier,  Gamier,  Levadoiix.     (Cf.  Memorial  Volume  of  St.  Mary's 
Seminary  of  St.  Sulpice,  Baltimore,  1891,  p.  4.) 

4  Rev.  John  Dubois. 

0  V.  Rev.  Dom  Didier. 
6  Cf.  No.  176,  note  12. 

VOL.  I.  3   C 


746        No.  170,  B,  C.     PROVISION  FOR  SULPICIANS,  1792-1802  [V 

names  suggested  for  this  charity  during  four  years  are  those  of  Mr.  Stanley, 
Mr.  Clinton,  Mr.  Porter  and  Mr.  John  Talbot.  1  would  trouble  no 
person  in  Europe  on  this  head,  were  I  not  obliged  here  to  find  means  for 
two  other  seminarians.  Our  George-town  Academy  will  be  opened  next 
month ;  but  no  president  yet  to  be  had.  .  .  . 

B.  1791,  October  12. 

Carroll,  Baltimore,  12  Oct.,  1791,  to  Plowden.  Inauguration  of  George- 
town College. 

.  .  .  The  [Georgetown]  Academy  will  be  opened  in  a  few  days  ;  but 
not  so  advantageously,  as  I  hoped.  No  president  pro  dignitate  loci.  I 
can  hardly  forgive  my  friends  at  Liege.  Here  was  an  opportunity  for 
infinite  services  to  the  cause  of  God  and  his  Church.  Mr.  Molyneux 
cannot  be  prevailed  on ;  and  indeed  he  has  not  the  activity  of  body,  nor 
the  vivida  vis  animi  for  such  an  employment.  I  have  recurred  to  Mr. 
Plunkett,  but  cannot  get  his  answer  yet.  .  .  .7 

The  Sulpician  gentlemen  had  arrived  on  the  10th  of  July,  1791.  On 
the  34th  of  June,  1792,  there  came  also  Messrs.  Marechal, 
Richard,  Ciquard,  and  Matignon,  the  last-mentioned,  observes 
M.  Tessier,  not  being  "  of  our  company"  M.  Marechal,  who  had 
just  passed  out  of  the  rank  of  seminarians  into  that  of  the  priest- 
hood, said  his  first  Mass  on  arriving  in  Baltimore,  and,  in 
December  of  the  same  year,  went  to  Bohemia.8 

At  the  Chapter's  White  Marsh  meeting,  held  on  the  7th  of  November, 
1792?  an  ample  response  was  given  by  the  Chapter  to  Carroll's 
petition  on  behalf  of  the  Sulpicians.  At  the  same  time,  the 
members  voted  further  provisions  for  Georgetown  College. 

C.  1792,  November  7. 

Proceedings  of  the  General  Chapter,  White  Marsh,  7  Nov.,  1792. 

Present  the  following  members.  Rev.  Messrs.  James  Walton  and 
Rob.  Molyneux  for  the  southern  District,  John  Ashton  and  Charles 
Sewall  for  the  middle  District,  and  John  Bolton  for  the  northern  District. 

The  Rt.  Rev.  Bishop  also  attended  according  to  request. 

[/.]  ...  5?  Resolved,  That,  in  consideration  of  the  services  actually 
rendered  and  to  be  rendered  hereafter  by  the  Rev.  gentlemen  of 
St.  Sulpice  at  Baltimore,  the  Procurator  General  be  authorized  to  sell 

7  About  this  time,  the  Rev.  Mr.  Plunkett  came  over  to  America.     The  Corporation 
voted,  21  Aug.,  1795 :  5?     That  the  agent  [Bewail]  pay  the  Eev.  Mr.  Ch.  Neale,  when 
convenient,  fifty  pounds  currency,  advanced  for  Mr.  Plunkett's  passage  to  America. 
(Md.-N.  T.  Province  Archives,  Proceedings  of  the  Corporation,  21  Aug.,  1795,  5?) 

8  C/.  No.  121,  A,  note  6,  Marcchal's  Diary. 
*  No.  163. 


§  IS]         No.  170,  C.      PROVISION  FOR    SULPICIANS,    1792-1802  747 

the  land  on  Pipe  Creek  [Mountain  Prospect],11'  and  that  the  money  arising 
therefrom  be  put  to  interest  to  the  best  advantage,  and  that  one  moiety 
thereof  be  paid  to  the  Superior  of  the  Seminary  now  under  the  Bishop's 
direction,  as  long  as  the  Chapter  shall  deem  it  necessary  to  continue  the 
same.11  Chapter,  sensible  of  the  great  services  the  Rev.  gentlemen  of 
the  Seminary  do  render  to  religion,  would  with  pleasure  make  further 
grants,  if  their  circumstances  were  adequate  to  their  wishes. 

6?  That  the  Procurator  General  do  consult  with  the  Rt.  Rev.  Bishop 
and  the  Rev.  Mr.  Ashton  respecting  the  above  lands,  as  well  as  the 
mode  of  securing  the  capital  arising  therefrom  in  private  hands  or  public 
funds,  and  that  the  title  of  the  said  capital  be  vested  in  the  Rev.  Mr. 
Walton. 

[//.]  George  Town  Affairs.1"     Resolved— 

l?-4?  Attributions  of  the  General  Chapter  and  the  three  Directors, 
appointed  by  it  for  a  term  of  three  years. 

5?  That  the  Rev?  Messrs.  Rob!  Molyneux  and  John  Ashton  be  the 
Directors,  jointly  with  the  President  of  the  College. 

6'.'  That  Chapter  approve  of  an  addition  to  be  made  to  the  College  of 
Georgetown,  and  empower  the  Directors  to  undertake  and  execute  the 
same  to  the  best  of  their  skill,  so  as  to  make  it  convenient  for  the  purpose 
of  schools,  study-place,  hall  and  dormitories. 

7?  That  all  savings  made  or  to  be  made  in  the  Procurator  General's 
Office,  or  on  any  of  the  estates  in  the  hands  of  the  Clergy  for  the  space  of 
the  three  ensuing  years,  be  applied  to  the  foregoing  laudable  purpose,  after 
all  contracts,  debts  and  necessary  expences  are  satisfied  by  the  respective 
managers  of  estates. 

8°  Ashton  principal  agent  in  the  collection  and  use  of  the  money,  subject  to 
the  Board  of  Directors. 

9°  That  the  Directors  are  empowered  to  borrow  money  for  the  same 
purpose,  on  the  credit  of  the  estate  already  appropriated  by  a  former 
Chapter  to  the  benefit  of  the  College.13 

In  lieu  of  proceeds  from  the  sale  of  Mountain  Prospect  or  Pipe  Creek, 
which  in  fact  it  took  many  a  long  year  to  sell,  the  gentlemen  of 
the  Seminary  received  from  the  General  Chapter  the  usufruct  of 
the  estate  at  Bohemia.  The  conditions  of  the  grant  are  stated  in 
the  agreement,  signed  lay  Molyneux,  secretary  of  the  Chapter,  and 
Nagot,  Superior  of  the  Seminary. 

10  No.  78. 

11  The  property  of  Mountain  Prospect   on  Pips  Creek,  thus  ordered  to  be  sold, 
appropriated  in  part  for  the.  benefit  of  tlie  Seminary,  and  actually  sold  later  by  Dr. 
Carroll  with  powers  of  attorney  received  from  the  Corporation,  was  treated  of  by  Dr. 
Marechal,  in  a  note  to  the  Propaganda,  as  seen  above ;   the  subsequent  use  of  the 
funds  by  the  Trustees  (infra,  K,  3?,  M,  1?)  being  represented  as  a  breach  of  a  sacred 
trust.     See  No.  119,  [zr.] ;  cf.  Nos.  78,  note  6 ;  198,  ad  note  3. 

12  Cf.  No.  162,  A. 

13  Cf.  No.  158,  A,  note  1. 


748         No.  170,  D,  E.     PROVISION  FOR  SULPICIANS,   1792-1802  [V 

D.  1793,  May  3  [8?]. 

TJte  Chapter's  grant  of  Bohemia  to  the  Seminary. 

Resolved  :  1°  That  the  profits  arising  from  the  Bohemia  estate  be 
granted  to  the  Seminary  of  St.  Sulpice,  erected  at  Baltimore  under  the 
inspection  of  the  Bishop,  for  so  long  a  time  as  the  legal  Trustees  for  the 
property  shall  find  it  advantageous  to  the  general  benefit  of  the  diocese. 

2°  That  the  profits  be  employed  for  the  maintenance  of  the  Superior 
and  Directors  of  the  Seminary. 

3'?  That,  if  any  surplus  should  remain,  it  be  applied  to  the  education 
of  such  students  as  the  Bishop  may  think  proper  to  recommend. 

4"  That  the  said  body  of  Sulpiciaus  shall  maintain  a  clergyman  on 
the  said  estate  for  the  benefit  of  the  neighboring  congregations.14 

5"  That  the  Resolve  passed  by  the  last  Chapter,  concerning  the 
appropriation  of  money  to  the  ass'  [assistance]  of  the  Seminary,15  be  void. 

In  consideration  whereof,  the  Seminary  obliges  itself  to  discharge  the 
debts  due  from  the  aforesaid  estate  to  the  amount  of  £400  currency. 

Baltimore,  May  3  [8?],  1793. 

ROBERT  MOLYNEUX,  Sec5:  Gen.  Chap.  FRANCISCUS  CAROLTJS  NAGOT, 
Superior  Seminarii  Baltimorensis.16 

E.  1790-1793. 

Note  of  Father  Peter  Kenney,  Visitor  (1831),  on  the  debt  of  Bohemia, 
1790,  and  changes  of  personnel,  1790-1793. 

Bohemia. 

The  Revd  Rob'  Molyneux  gave  up  the  charge  of  Bohemia  to  the  Rev? 
Francis  Beeston  on  the  1s.1  of  July,  1790  :  it  then  owed  £925.4.0^, 
(in  the  then  American  money,  each  pound  being  about  17s.  and  3  p.  [  ?  ]) 
and  had  credit  to  meet  this  sum  for  £163.15.11^,  of  the  same  currency. 

Mr.  Molyneux  left  on  the  15,  same  month,  for  Port  Tobacco.  1791, 
Dec.  10.  Revl  Lewis  De  Barthcame  to  live  at  Bohemia  with  Mr.  Beeston. 
Left  for  Port  Tobacco,  June  10,  1792  .  .  .  Mr.  Beeston  left,  18  May, 
1793,  and  succeeded  Mr.  Sewall  in  the  care  of  the  Congregation].  Rev. 
Lewis  Caesar  [?]  Delavan  succeeded  him  at  Bohemia. 

In  1800,  there  were  at  Bohemia:  Blacks  26  in  1800;  46  whites  at 
their  Easter  duties.  In  1801,  only  28  whites  and  15  blacks.  In  an 
a,dd[itional  1]  list,  10  whites  and  6  blacks. 

14  Cf.  No.  178,  Q,  1? ,  the  same  condition  imposed  in  the  grant  of  Bohemia  to 
Carroll,  11  Sept.,  1806. 

13  Supra,  C,  [/.],  59 

16  Here  the  object  of  the  transaction  is  the  service  of  the  Baltimore  diocese  and  of  the 
Ordinary,  Bishop  Carroll.  The  conditions  are  tlie  duration  of  the  diocesan  necessities, 
the  appropriation  of  the  income  to  the  Directors  and  such  students  as  the  Ordinary 
may  recommend,  the  continuance  of  the  local  pastoral  service,  and  the  assumption  by 
the  Seminary  of  the  actual  debts  on  Bohemia,  but  only  to  a  certain  amount.  This  was 
apparently  on  the  principle  :  Qui  scntit  commodum  sentire  debet  et  onus.  The  rest  of 
the  debts  remained  at  the  charge  of  the  Select  Body.  Cf.  infra,  J. 


§  15]        No.  170,  F,  G,     PROVISION  FOR  SULPICIANS,    1792-1802        749 

F.  1793,  May  13. 

M.  Tcasier,  S.S.,  on  the  Sulpician  occupation  of  Bohemia.  M.  I'abbc 
Marechal  installed  as  manager  in  the  name  of  the  Seminary. 

.  .  .  1793.  .  .  .  Le  13  Mai  nous  entrames  en  possession  de  la  niaison 
et  plantation  de  Bohemia,  que  les  Messieurs  du  clerge  annexerent  au 
se"minaire  pour  un  terns  indefini,  a  leur  volonte,  et  sous  diverses  conditions. 
Ayant  fait  [partir  ?]  Mr.  Marechal  de  la  Congregation  de  Sainte  Mary's 
County,  ou  il  se  plaisait  fort,  on  le  chargea  de  celle  de  Bohemia,  et  du  soin 
du  temporel.  .  .  ,17 

It  was  with  reference,  to  the,  agreement  thus  made  by  the  General  Cliapter 
that  the  23rd  resolution  of  the  constituent  meeting  (4  Oct.,  1793) 18 
tied  the  hands  of  the  Trustees  in  their  dealings  with  a  Society 
of  Clergymen.  In  a  couple  of  years  a  difficulty  arose,  which 
was  considered  by  the  Corporation  in  a  resolution  (infra,  H). 
During  the  same  years  and  later,  the  further  improvement  of 
Georgetown  College,  and  the  liquidation  of  its  urgent  debts, 
engaged  the  attention  of  the  Board.  Tlie  proceeds  of  the  Pipe 
Creek  sales  were  assigned  exclusively  to  these  purposes.  The 
estate  of  Bohemia,  in  like  manner,  after  being  for  six  years  at 
the  service  of  the  Seminary,  was  appropriated  to  Georgetown. 
These  matters  appear  in  the,  following  documents. 

G.  1794-1795. 

The  sale  of  negroes  at  Bohemia,  objected  to  in  the  following  resolution  of 
the  Corporation  (H).  M.  Marcchal's  notes  of  buying  and  selling.18 

Negroes  sold,  since  the  year  1793. 

1794,  January  8.     Philis  and  her  infant  3  weeks  old,  sold  to 

George  Reece  ..  ..          ..          ..          ..      £35.0.0 

1795,  February  11.     Clara,  Philis's  other  child,  4  years  old, 

sold  to  Nelly  £5.0.0 

February  13.  Bob  and  his  child  Lucy,  sold  to  John 

Cainan  £80.0.0 

February  28.  Ralph,  his  wife  Jany  and  child  Nelly,  to 

Robt.  Hodgson          £70.0.0 

1796,  April.     Henry,  sick  and  run  away      ..  ..      £15.0.0 

17  Cf.  No.  121,  A,  note  6,  MarecJial's  Diary. 

18  No.  168,  A,  23? 

19  Cf.  No.  135,  A,  Prop.  9, 11?  ,  Marcchal's  statement  to  tlie  Propaganda  in  1826,  that 
the  Jesuits  had  "  500  African  men  bound  down  to  them  in  slavery,  at  an  average  value 
of  about  200  dollars." — His  hand  begins  to  appear  in  the  BoJiemia  Register  of  Burials, 
17  July,  1793.     Cf.  No.  83,  B,  Marechal' s  elaborate  plat  of  Bohemia. 


750         No.  170,  H-K.     PROVISION  FOR  SULPICIANS,    1792-1802  [V 

Negroes  bought. 

1795,  March  10.     Davis,  his  wife  Poll,  and  child,  Bigail     ..      £65.0.0 
Eod.     Stephen  (from  Dr.  Matthews,  as  the  three  afore- 
said)     £90.0.020 

H.  1795,  August  21. 

Proceedings  of  the  Corporation,  St.  Thomas's  Manor,  21  Aug.,  1795. 

Resolved  :  .  .  .  3°  That  the  debt  due  from  the  estate  of  Stephen  West 
be  applied  to  the  College  of  George  Town. 

...  6"  That  the  agent  [Mr.  Sewalt]  do  write  to  the  president  of  the 
Seminary  of  Baltimore  to  inform  him,  that  it  is  the  opinion  of  the  Corpora- 
tion, that,  by  the  profits  arising  from  the  estate  of  Bohemia 
and  granted  to  the  benefit  of  the  Seminary,  are  understood  the 
annual  crops,  rents,  the  increase  of  stock,  and  fire  wood  not  fit  for  building 
or  fence  rails  ;  but  that  moneys  arising  from  the  sale  of  negros  are  not 
understood  to  be  enumerated  among  the  profits  of  the  estate,  nor  is  timber 
to  be  carried  off  the  land. 

Signed  :  ROBERT  MOLYNEUX.     JOHN  ASHTON.     JAMES  WALTON. 
CHARLES  SEVVALL. 

J.  1796,  June  28. 

Agents  Caxh-BooJc,  1793-1806:  specimen  of  Bohemia  debts  discharged, 
among  divers  entries  regarding  the  creditors  of  Bohemia  estate. 
1796,  June  28.     By  Cash  to  the  Creditors  of  Bohemia 

Estate £313.5.7f 

K.  1796,  June  2. 

Proceedings  of  the  Corporation,  St.  Thomas's  Manor,  2  June,  1796. 

.  .  .  [/?]  On  the  incorporation  of  the  College  of  George  Town  with  the 
lots  adjacent  and  belonging  thereto  .  .  .  under  the  same  trust,  as  the  other 
incorporated  property  of  the  Roman  Catholic  Clergy  of  Maryland,21  and 
the  appointment  of  the  Right  Rev?  Mr.  John  Carroll  and  Rev!1  Mr.  John 
Ashton  as  a  committee,  for  carrying  the  same  into  effect. 

2?  On  the  manner  of  appointing  Directors  for  Georgetown  College. 

3?  Whereas  a  very  considerable  sum  of  money  has  been  already 
expended  on  the  buildings  of  the  College,  and  more  is  necessary  to 
compleat  the  work,  the  Board  of  Trustees  now  met  agree,  that  the  Right 
Rev?  Mr.  John  Carroll,  Rev?  Messrs.  Robert  Molyneux  and  John  Ashton, 
or  either  of  them,  be  authorized  to  take  up  the  necessary  sum  on  interest, 
to  be  paid  out  of  the  monies  yet  due  from  the  sale  of  Pipe  Creek  lands, 
provided  it  does  not  exceed  the  sum  of  four  thousand  dollars,  and  that 

20  These  transactions  yield  an  average  of  about  §74  apiece,  in  tJie  money  of  that 
time,  for  young  and  old,  men  and  women.  See  Nos.  148,  note  5  ;  157,  A,  6°  Cf.  No. 
171,  B,  p.  767. 

31  Here  appears  a  clause,  of  Maryland,  which  was  not  part  of  the  legal  title. 


§  !$]  No.  170,  L.     PROVISION  FOR  SULPICIANS,    1792-1802  751 

the  said  money  or  part  of  it  be  applied,  in  the  first  instance,  to  the 
discharge  of  the  debts  now  due  from  the  College. 

4?  Tlie  agent  is  authorized  to  advance,  from  Hie  remainder  of  said  monies, 
such  other  sums,  as  he  and  the  Directors  of  the  College  may  judge  yet 
necessary  to  compleat  what  work  may  yet  remain  unfinished. 

5?   On  the  future  appropriation  of  any  further  remainders.*- 

Signed:  ROBERT  MOLYNEUX.     JOHN  ASHTON.     JAMES  WALTON. 
CHARLES  SEWALL. 

Md.-N.  Y.  Province  Archives,  1791,  Sept.  3,  Carroll,  Baltimore,  to  Ploioden  ; 
4pp.  4to,  No.  37.     Ibid.,  1791,  Oct.  12,  same  to  same  ;   3  pp.  4to,  No.  39.     Ibid., 

1792,  Nov.  7,  Proceedings  of  the  General  Chapter,  3  ff.  4to,  copy  unsigned  ; 
ff.  1",  2.    Ibid.,  A  (2),  Memorandum  of  Kcnney   (1831),  on  Bohemia.     Ibid., 
Proceedings  of  the  Corporation,  21  Aug,  1795  ;  2  June,  1796.     Ibid.,  carton 
DB,  Agent's  Cash-Book,  1793-1806,  f.  3.— Georgetown  College  MSS.,  Beeston's 
Ledger  of  Bohemia ;  continued  by  tlie  Sulpicians,  f.  9,  commencing  from  tJie 
back  of  the  book. — Georgetown  College  MSS.  and  Transcripts,  Dcvitt  Papers, 
Rev.  J.  A.  Frederick's  copies  from  Baltimore  Diocesan  Archives,  3  [8  ?]  May, 

1793,  Grant  of  Bohemia,  by  the  Chapter  to  the  Seminary.     Ibid.,  1791-1827, 
Tessicr's  Epoques   du  Seminaire,   24  pp.  fol.,  f.   I1' ;   copy  among  the    Shea 
papers. 

Father  Robert  Molyneux,  who  had  accepted  the  presidency  of  Georgetown 
College,^  resigned  his  post,  and  made  way  for  M.  Dubourg,  who 
was  neither  an  American,  nor  ex-Jesuit,  nor  affiliated  to  the 
Select  Body  of  Clergy?*  How  affairs  proceeded  under  the  new 
administration,  Grassi  and  Kolilmann  have  already  sketched  in 
part.25  Carroll  adds  some  particulars. 

L.  1796,  September  24. 

Carroll,  Baltimore,  24  Sept.,  IT 96,  to  Plowden.  Dubourg  president  of 
Georgetown  College. 

...  I  am  sorry  to  tell  you  that,  tho  the  Ecclesiastical  Seminary, 
erected  in  this  town  [Baltimore],  is  well  appointed,  and  in  all  respects 

22  The  independent  action  of  the  Corporation  with  regard  to  Georgetown,  making 
no  further  reference  to  the  Ordinary  of  the  diocese  than  that  of  appointing  him  a 
committee-man  to  execute  its  orders,  and  giving  him  powers  of  attorney  for  the  purpose, 
is  in  keeping  with  Carroll's  own  views  of  the  immunity  from  episcopal  interference 
with  a  literary  institution  in  the  diocese.     Writing  to  G.  Plowden,  he  speaks  of  the 
opposition  which  is  apprehended  from  Bishop  Gibson  to  the  Academy  of  Liege  now 
taking  refuge  at  Stonyhurst,  within  the  diocese  of  the  said  Vicar  Apostolic  :  I  am 
surprised  at  one  of  the  reasons  assigned  by  you,  for  your  apprehension  of  success  to 
the  academy  of  Stonyhurst,  the  opposition  of  Bishop  Gibson.     For,  in  the  first  place, 
that  opposition  ought  not  to  have  come  from  a  prelate  who  owes  so  much  to  the 
principles  and  influence  of  the  members  and  friends  of  the  academy  of  Liege ;  and 
21y:  I  cannot   conceive  of  what  detriment,  excepting  to  his  own    reputation,  his 
opposition  can  be ;  for  your  submission  to  Episcopal  interference  must  be  much 
greater  than  I  ever  expect  or  wish  to  see  it,  if  the  Bishops  concurrence  be  necessary 
to  the  establishment  of  a  literary  [institution,  erased']  Society.     (Md.-N.  Y.  Province 
Archives,  1794,  Nov.  15,  Carroll,  Baltimore,  to  Plowden,  Lullworth,  forwarded   to 
Stonehurst  Nr  Clitheroe,  Lane. ;  3  pp.  4to,  No.  45.)     Cf.  No.  220,  C,  ad  note  13. 

23  Cf.  supra,  B.     According  to  Grassi  (No.  178,  W),  he  succeeded  Robert  Plunkctt. 
"  Cf.  No.  162,  E,  note  7. 

25  No.  135,  A,  note  6. 


752         No.  170,  M-0.     PROVISION  FOR  SULPICIANS,   1792-1802  [V 

established  on  good  foundations,  yet  hitherto  few  young  men  from  the 
country  have  entered  into  an  ecclesiastical  state.  Of  the  few,  who  have, 
some  did  not  persevere,  and  the  best  among  them  died.  This  is  not  only 
a  loss  for  a  future  succession  of  pastors  to  the  congregations,  but  of  a 
present  supply  of  capable  and  virtuous  masters  to  the  College  of  George- 
Town.  Your  good  friend  Eobert  [Molyneux]  found  the  employment  of 
president  of  this  institution  too  bustling,  and  requiring  too  much  energy 
for  his  good-natured  and  somewhat  torpid  disposition;  and.  after  many 
entreaties,  he  has  obtained  a  release  from  it.  Mr.  Dubourg,  a  French 
gentleman  of  abilities  and  most  pleasing  character,  replaces  him.  .  .  . 

M.  1797,  March  29. 

Proceedings  of  the  Corporation,  St.  Thomas's  Manor,  29  Mar.,  1797. 

Rehearsal  of  the  former  resolutions  about  the  appropriation  to  Georgetown 
College  of  the  monies  from  the  sale  of  Pipe  Creek  land ; 2fi  therefore 
resolved  : 

1?  That  a  power  of  attorney  be  granted  to  the  Rt.  Revi1  Mr.  John 
Carroll,  Bishop  of  Baltimore,  to  convey  the  aforesaid  land  of  Pipe  Creek 
to  the  purchasers  on  their  complying  with  their  contract  ;  and  that  the 
purchase  money  be  applied  as  before  directed. 

Rehearsal  of  the  resolution  about  incorporating  Georgetown  College ; 
resolved  : 

2°  That  the  Rt.  Rev?  Mr.  John  Carroll  and  the  Rev!1  Mr.  John 
Ashton,  or  either  of  them,  be  and  they  are  hereby  authorized  to  apply  to 
the  next  Assembly  of  Maryland  for  carrying  the  same  into  effect,  with 
powers  for  the  body  politic  to  receive  donations  for  the  benefit  of  the 
College  and  Trinity  Church  of  George  Town. 

.  .  .  Signed :  JAMES  WALTON.     JOHN  ASHTON.     CHARLES  SEWALL. 
AUGUSTINE  JENKINS.     FRANCIS  NEALE. 

N.  1797,  March  31. 

Tlie  Corporation's  poiver  of  attorney  to  the  Right  Rev.  John  Carroll, 
31  Mar.,  1797,  authorizing  him  to  sell  the  tract  of  land  on  Pipe  Creek, 
containing  six  hundred  and  twenty  acres  of  land  more  or  less.  See  above, 
No.  78,  D,  E. 

0.  1797,  September  4. 

Proceedings  of  the  Corporation,  St.  Thomas's  Manor,  4  Sept.,  1797. 
.  .  .  Resolved.  ...  2°  That,  whereas  there  appears  to  be  a  misunderstand- 
ing of  accounts  between  the  agent  [Seivall]  and  the  manager  [Marechal]  of 
the  Bohemia  estate,  the  Rev.  Mr.  Beeston  is  hereby  appointed  an  arbitrator 
on  behalf  of  the  Corporation  for  settling  and  adjusting  the  same  ;  and 
the  gentlemen  of  the  Seminary  of  Baltimore  are  requested  to  appoint 

26  Supra,  K,  3?,  4? 


§  i$]          No.  170,  P.     PROVISION  FOR  SULPICIANS,    1792-1802  753 

another  on  their  behalf  for  the  same  purpose,  with  full  powers  to  bring 
the  same  to  a  final  conclusion ;  and,  in  case  of  a  difference  of  opinion,  to 
call  in  a  third  person  to  be  mutually  agreed  on,  either  by  choice  or  ballot, 
and  that  the  settlement  by  them  shall  be  final. 

.  .  .  Signed:  JAMES  WALTON.     JOHN  ASHTON.     CHARLES  SEWALL. 
AUGUSTINE  JENKINS.     FRANCIS  NEALE. 

P.  1798,  December  3. 

Proceedings  of  the  Corporation,  Neivtown,  3  Dec.,  1798. 

Whereas  large  sums  of  money  have  been  frequently  drawn  from  the 
estate  of  the  now  incorporated  Clergy  and  expended  towards  the  building 
of  the  College  of  George  Town ;  and  it  has  been  notified  to  the  Body 
Corporate  that  certain  persons,  not  admitted  to  the  participation  of  the 
incorporated  property  of  the  Clergy,  have  not  only  attempted  to  be  the 
sole  and  entire  administrators  of  said  College,  but  also  to  make  that 
property  their  own,  resolved  : 

1?  That  no  person  or  Society  of  men,  except  the  present  incorporated 
Body  of  the  R.  C.  Clergy,  ought  to  be  in  possession  of  any  part  of  the 
College  property  even  for  a  time,  and  that  the  best  and  [most  ?]  speedy 
means  ought  to  be  made  use  of  to  secure  said  property  of  the  College 
to  the  Body  Corporate. 

2?  That  a  letter  shall  be  sent  to  the  Bishop  of  Baltimore,  informing 
him  that  the  Body  Corporate  are  in  possession  of  strong  proofs  of  a  plan 
being  laid  by  some  clergymen  of  the  Seminary  to  take  the  College  from 
us,  who  had  been  at  great  expense  in  building  it,  and  that  the  Board  of 
Trustees  do  oppose  a  scheme  so  highly  unjust. 

3?  That  the  deeds  of  conveyance  of  the  College  property  now  signed 
by  the  Rev.  Mr.  Molyneux  shall  be  immediately  sent  to  the  Bishop  and 
Mr.  Ashton  by  the  Agent  for  their  signatures. 

4?  About  the  printing  of  Directoriums,  to  be  distributed  gratis  to  tlie 
Select  Clergy,  but  to  be  sold  to  the  rest?1 

5?  On  applying  §800  to  discharging  the  debts  of  Mill  Creek  Hundred, 
Delaware.1® 

6?  That,  as  the  estates  in  Pennsylvania  heretofore  the  property  of  the 
Society  of  Jesus  ought  to  be  secured  to  the  Body  Corporate  for  the  same 
purposes  as  their  estates  in  Maryland,  the  legal  proprietors  of  said  estates 
in  Pennsylvania  shall  be  requested  to  make  over  said  estates  in  Pennysl- 
vania,  in  the  manner  which  may  be  advised  by  an  intelligent  attorney 
at  law. 

.  .  .  Signed  .•    JAMES  WALTON.     CHARLES  SEWALL.     A.  JENKINS.29 

27  This  resolution  was  repealed,  9  Oct.,  1799,  wJun  tlie  agent  was  ordered  to  print  and 
distribute  to  the  clergy  of  the  diocese  gratis. 

28  No.  96,  B. 

29  Francis  Neale  was  present  at  the  beginning,  but  his  signature  does  not  appear  at 
the  end  of  this  meeting.     By  an  accident,  four  lines  of  the  minutes  reporting  a  meeting 


754        No.  170,  Q,  R.     PROVISION  FOR  SULPICIANS,    1792-1802  [V 

Q.  1798,  December  11. 

Carroll,  Baltimore,  11  Dec.,  1798,  to  Ploioden.  Difficulties  between 
Dubourg  and  the  Directors. 

I  am  indebted  to  you  for  your  favours  of  June  21st,  and  another 
without  date  by  Mr.  Young,  who  with  Mr.  Laurenson  Jun.30  arrived 
at  George  Town  about  the  last  of  October.  I  have  not  yet  seen  the 
latter,  but  am  happy  to  hear  from  all  sides  a  most  pleasing  account  of  his 
character  and  talents.  They  arrived  at  a  happy  moment  for  the  college. 
The  president  of  it,  a  Mr.  Dubourg,  a  man  of  great  merit  and  amiable 
accomplishments,  has  somehow  or  other  not  been  on  the  best  terms  with 
those  amongst  our  Brethren,  who  have  been  chosen  to  be  Visitors  or 
Directors  of  it ;  and  their  regulations  have  given  him  so  much  discontent 
that  he  is  to  resign  his  place  at  Christmass.  In  this  untoward  business 
it  is  not  easy  to  say,  where  the  fault  lies ;  most  probably,  some  on  both 
sides.  But  national  attachments,  that  bane  of  all  communities  where  they 
are  suffered  to  exist,  have  been  the  original  cause  of  the  mischief.  He 
was  too  fond  of  introducing  his  countrymen  into  every  department ;  and 
the  Directors  had  too  strong  prejudices  against  everything  which  was 
derived  in  any  shape  from  France;  and,  in  consequence  thereof,  their 
judgment  had  an  involuntary  bias  to  blame  him,  where  others  thought 
there  was  no  reason  to  blame.  God  grant,  that  everything  may  turn 
out  for  the  best !  Yet  I  fear  that  a  heavy  prejudice  for  some  time  will 
afflict  the  new  establishment,  in  consequence  of  the  approaching  change. 
No  successor  is  yet  finally  named.  .  .  . 

R.  1799,  August  22. 

Nagot,  22  Aug.,  1799,  to  Messieurs  the  Trustees.  Restoration  of 
Bohemia  to  the  Corporation. 

TJie  Seminary  restores  Bohemia  in  a  flourishing  condition.  The  estate 
had  been  sinking  into  debt  from  year  to  year.  Now  it  yields  more  than 
§1000  annually,  as  a  consequence  of  liquidating  debts  to  the  amount  of 
£400  or  £500,  and  of  improving  the  property  ivith  buildings,  etc.  The 
Seminary  had  hoped  to  derive  profit  from  this  capital  so  sunk.  Nous  ne 
sommes  pas  faches  aujourd'hui  qu'il  passe  an  profit  du  clerge ;  c'est  une 

of  tlie  Georgetown  Directors  are  inserted  and  tlun  cancelled  prior  to  these  Corporation 
minutes  of  3  Dec.,  1798.  Those  of  the  Directors  are  for  3  Oct.,  1797  ;  and  the  members 
present  are  Messrs.  John  Ashton,  Francis  Nealc,  Robert  Plunkctt,  being  a  majority, 
after  due  notice  given  to  all.  The  presence  here,  even  by  accident,  of  the  minutes  mis- 
placed and  then  cancelled,  as  well  as  the  fact  that  two  persons,  Ashton  and  Neale,  are 
members  of  both  boards,  and  that  Francis  Nealc  is  actually  present  on  both  occasions, 
may  throw  light  upon  the  individual  agencies  at  work.  The  measures  now  taken  to 
obtain  a  charter  for  the  Pennsylvania  estates,  and  reported  on  in  the  next  year,  (9  Oct., 
1799)  by  the  bishop,  no  less  than  the  order  for  a  prompt  conveyance  of  Georgetown 
titles  to  the  Corporation,  would  seem  to  have  originated  in  the  alarm  excited  by  the 
Dubourg  administration  of  the  College. 

30  Cf.  Nos.  93,  pp.  319-322,  passim;  174,  C,  2? 


§  15]        No.  170,  S,  T.     PROVISION  FOR  SULPICIANS,    1792-1802         755 

preuve  que  nous  lui  offrons  de  la  deference  respectueuse  avec  laquelle  j'ai 
1'honneur  d'etre  au  nom  de  mes  confreres, 

Messieurs, 

Votre  tres  humble  et  tres  obeissant  Serviteur, 
22  Aoust,  1799.  NAGOT. 

S.  1799,  August  22. 

Nagot,  Baltimore,  same  date,  22  Aug.,  1799,  to  the  Rev.  Trustees  of  the 
Roman  Catholic  Clergy  of  Maryland. 

GENTLEMEN, 

The  Seminary,  when  requested  by  three  of  the  Trustees,  in 
April  last,  to  return  the  plantation  of  Bohemia  to  the  Clergy,  immediately 
offered  to  comply  with  the  request ;  and  answered  to  the  Rev.  Mr.  Beeston, 
the  bearer  of  the  letter,  that  the  plantation  should  be  returned,  even  with 
the  whole  income  of  the  current  year,  deduction  being  made  of  the  expenses 
that  were  then  or  should  be  made  in  the  course  of  this  year,  during 
the  time  that  the  Seminary  should  still  keep  the  administration.  But, 
considering  how  difficult  it  would  be  to  ascertain  and  value  these  expenses, 
and  that  the  time  of  our  administration  was  so  far  protracted,  the 
Seminary  has  thought  more  proper  to  fix  the  date  of  the  return  of  Bohemia 
to  the  present  assembly  of  the  Rev.  Trustees ;  so  that  the  Seminary  shall 
have  his  [!]  part  of  the  income  of  this  year  1799,  in  proportion  of  the 
time  of  his  administration. 

The  Seminary  further  requests  the  Rev.  Trustees,  as  a  small  com- 
pensation of  the  capital  which  we  have  stocked  on  the  plantation  of 
Bohemia,  in  building  new  houses  and  repairing  others,  etc.,  that  they 
please  to  yield  to  the  Seminary  the  negro  girl  Peg,  and  the  small  boy  Jack, 
both  now  in  the  service  of  the  Seminary,  as  well  as  the  other  young  boy  Jack, 
now  serving  Mr.  Marechal  at  Bohemia.  Four  reasons  why  the  request  may 
rightfully  be  granted,  on  the  score  of  compensation :  1.  £500  sunk  in  liqui- 
dating debts,  including  Mr.  Bolton's  full  claim;  2.  the  sums  contributed 
from  Baltimore  to  the  improvement  of  the  place  ;  3.  a  notable  part  and  even 
half  of  the  annual  proceeds  reinvested  in  the  plantation  ;  4.  the  enhanced 
capital  value  of  Bohemia  thence  resulting.  A  request  for  a  mutual  discharge 
in  writing. 

NAGOT. 

Bait.  Aug.  22,  1799. 

T.  1799,  September  30. 

The  Directors  of  the  Seminary,  Baltimore,  30  Sept.,  1799.  A  Messieurs 
les  Trustees  du  Clerge  Catholique,  a  Portobacco. 

They  have  learnt  from  Mr.  Beeston,  on  his  return  to  Bohemia,  that  the 
Trustees  are  not  disposed  to  allow  them,  the  revenue  of  this  year,  up  to  the  date 
of  Mr.  MnrechaVs  withdrawal,  que  vous  ne  seriez  pas  tout  a  fait  disposes 


756  No.  170,  U.     PROVISION  FOR  SULPICIANS,    1792-1802  [V 

a  nous  laisser  la  portion  des  revenus  de  Bohemia  qui  repond  a  la  duree  du 
terns  de  cette  annee  que  nous  1'avons  possedee,  c'est-a-dire,  jusqu'a  la 
retraite  de  M.  Marechal.  Accordingly  they  submit  in  all  deference.  TJiey 
desire  an  adequate  written  discharge  for  use  with  their  chief  superiors. 

Nota.  A  lease  to  M.  O*  Donald,^  given  by  them  in  1794,  reserves  for  them 
the  right  to  so  much  of  the  crop,  when  the  lease  is  expired,  as  they  had  invested 
in  sowing  the  ground  for  him  at  the  commencement.  TJiey  offer  to  yield  this 
right  for  a  compensation. 

Nous  avons  1'honneur  d'etre  tres  respectueusement, 
Messieurs, 

Vos  tres  humbles  et  tres  obeissant[s]  Serviteurs, 

KAGOT.      J.  TESSIER.      A.  GARNIEE.      A.  MARECHAL.      P.  BABADE. 
WM.  DuBouRG. 


U.  1799,  October  9. 

Proceedings  of  the  Corporation,  St.  Thomas's  Manor,  9  Oct.,  1799. 
Winding  up  the  Bohemia  accounts. 

Bohemia  affairs. 

Resolved  :  1?  That  the  use  of  the  two  negros,  Jack  and  Peg,  belonging 
to  the  estate  of  Bohemia  and  now  in  the  service  of  the  gentlemen  of  the 
Seminary  at  Baltimore,  be  granted  to  them,  as  long  as  they  retain  said 
negros  in  the  Seminary. 

2°  That  the  gentlemen  of  the  Seminary  shall  be  allowed  as  many 
bushels  of  wheat  as  they  had  sowed  on  the  farm,  when  they  rented  it  to 
James  O'Donald,  and  also  the  usual  compensation  for  putting  in  said 
wheat. 

3?  That  all  expenses  incurred  on  the  rented  part  of  Bohemia  since  the 
first  day  of  January,  1799,  from  which  time  the  Corporation  is  to  receive 
the  profits  of  said  estate,  shall  be  defraid  by  said  Corporation. 

4?  That,  on  a  final  settlement  of  the  affairs  of  Bohemia  with  the 
Seminary,  a  mutual  discharge  shall  be  given  by  the  Corporation  and 
Seminary  respecting  all  past  transactions. 

5°  That,  in  the  recess  of  the  Corporation,  the  agent  be  empowered 
to  give  said  discharge  in  behalf  of  the  Corporation. 

6?  That  the  Rev.  Mr.  Beeston  be  appointed  to  superintend  the  affairs 
of  Bohemia,  to  receive  the  rents  for  the  Corporation,  and  to  point  out  a 
decent  support  for  the  clergyman,  who  is  to  serve  the  congregations 
annexed  to  Bohemia. 

7?  That  the  Rev.  Mr.  Beeston  be  authorized  to  sell  Kate  and  her  two 
children,  now  belonging  to  Bohemia  estate. 

.  .  .  Signed :  JAMES  WALTON.     ROBERT  MOLYNEUX.     JOHN  ASHTON. 
C?  SEWALL.     LEON?  NEALE. 

31  Cf.  No.  121,  A,  note  6,  ad  fin. 


§  15]  No.  170,  V-X.     BISHOPS  AND  BOARD,    1800-1802  757 

V.  1800,  May  12. 

Proceedings  of  the  Corporation,  Newtown,  12  May,  1800. 

.  .  .  Resolved.  1?,  2°     On  Deer  Creek,  Pasquet  and  Sylvester  Boarman. 

3°  That,  whereas  it  is  found  more  necessary  to  satisfy  the  urgent 
demands  of  the  creditors  of  the  College  of  George  Town  before  the 
building  of  said  College  is  completed,  the  monies  arising  from  the  sale 
of  Pipe  Creek  land,  heretofore  to  be  applied  by  the  4th  article  of  the 
Proceedings  of  the  Trustees  met  at  St.  Thomas's  Manor,  June  2?,  1796, 
to  the  compleating  of  the  building  of  the  College,  may  now  in  the  first 
place  be  applied  to  the  discharge  of  the  debts  of  said  College. 

4?  That,  where  any  of  our  estates  shall  be  destitute  of  a  manager, 
and  one  is  to  be  appointed  in  the  recess  of  the  Board  of  Trustees,  he 
shall  be  appointed  by  a  majority  of  the  three  senior  members  of  the  said 
Board,  in  concurrence  with  the  Bishop.32 

5?  Resolved,  that  the  education  of  the  young  men  of  the  diocese, 
destined  to  an  ecclesiastical  state,  be  intrusted  to  the  Rev.  gentlemen 
of  the  Seminary  of  Baltimore,  if  this  shall  meet  with  the  approbation  of 
the  Bishop.  It  is,  however,  understood  that  the  Bishop  and  the  Board 
may  hereafter  make  a  different  regulation,  if,  in  their  opinion,  the  general 
advantage  of  the  diocese  should  render  it  expedient. 

6?  Resolved,  that  the  Right  Rev.  Dr.  Carroll,  the  Rev.  Mr.  Leond. 
Neale,  and  the  Rev.  Mr.  Francis  Beeston  be  appointed,  and  are  hereby 
appointed  a  committee  to  treat  with  the  Superiors  of  the  Seminary,  and 
determine  the  salary  to  be  paid  for  each  of  said  young  men  per  annum, 
which  determination  be  binding  on  the  parties  concerned. 

7?  Resolved,  that  the  Rev.  Jno.  Ashton  is  hereby  authorized  and 
directed  to  pay  to  the  Seminary,  in  suitable  time,  from  the  savings  of 
White  Marsh  estate,  conformably  to  the  agreement  between  the  above 
named  committee  and  the  Superior  of  the  Seminary,  for  all  such  young 
men  as  are  now  proposed  to  be  educated  at  the  expence  of  this 
Corporation. 

Signed:  ROBERT  MOLYNEUX.     JOHN  ASHTON.     JAMES  WALTON. 
LEONARD  NEALE. 

W.  1800,  July  29. 

Proceedings  of  the  Corporation,  St.  Thomas's  Manor,  29  July,  1800. 
Resolutions.   1?,  2?     On  cstallishing  the  course  of  philosophy  at  George- 
town, and  providing  funds  for  making  accommodations.  See  infra,  No.  174,  B. 

X.  1800,  September  3. 

Carroll,  3  Sept.,  1800,  to  Plowden.     Criticism  on  the  foregoing  resolutions. 

.  .   .   Georgetown  is  not  flourishing.      The  reason  is  not  merely  the  want 

of  a  sufficient  number  of  men  capable  of  conducting  that  establishment ; 

32  Cf.  Nos.  120,  note  4,  on  tliejus  patronatus ;  168,  A,  17?,  on  the  concurrence  of 
the  bishop. 


758  No.  170,  X.     BISHOPS  AND  BOARD,    1800-1802  [V 

but  errors  committed  in  the  outset,  and,  above  all,  national  prejudices,  in 
my  opinion,  very  ill-founded  against  the  worthy  priests  of  S.  Sulpice  and 
the  system  of  education  pursued  in  the  Seminary,  contribute  exceedingly 
to  defeat  the  purposes,  for  which  the  College  and  Seminary  were  instituted. 
Allow  me  to  say  to  yourself  alone,  that,  amongst  our  few  remaining 
brethren  here,  to  whom  is  committed  the  administration  of  the  tempo- 
ralities, there  are  some  whose  violence33  will  listen  to  no  lessons  of 
moderation ;  and  others,  whose  knowledge  and  observations  are  too  con- 
fined to  comprehend  that  anything  can  be  learned  beyond  what  they 
know ;  or  that  any  change  of  circumstances  should  suggest  improvements 
suitable  to  times  and  situations,  and  cause  the  slightest  deviation  from 
the  track,  in  which  they  once  walked  themselves.34 

In  consequence  of  these  unseasonable  prejudices,  they,  who  have 
managed  hitherto  so  unskilfully  and  unfortunately,  have  entered  on  a 
new  plan,  which  will  be  more  fatal  to  my  diocese  than  any  mistakes 
hitherto  committed.  Six  or  seven  young  men,  who  intend  to  embrace 
an  ecclesiastical  state,  were  to  have  entered  into  the  Seminary  and 
commence  their  philosophy  this  month,  when  a  violent  and,  to  me,  un- 
expected opposition  broke  out ;  and,  to  counteract  the  Seminary,  a  sudden 
resolution  was  adopted  to  open  a  course  of  philosophy  in  the  College.35 
Tho'  I  find  fault  with  the  manner  and  time  of  announcing  this  resolution, 
yet  I  should  not  be  opposed  to  it,  if  there  were  amongst  us  a  man  fit  to 
undertake  a  course  of  philosophy,  without  disgracing  himself  and  the 
College ;  and  unless  this  appear?  to  be  evidently  an  attempt  to  wrest 
from  the  Bishop  the  government  and  superintendence  over  the  studies 
and  education  of  his  clergy,  which  the  canons  and  decrees  of  the  Church 
confer  on  him.36  In  consequence,  I  shall  place  in  the  Seminary  all  those, 

33  The  term,  violence,  would  seem  to  suggest  Ashton  ;  though  Leonard  Neale's  and 
Charles  Neale's  manner  of  expression  was  not  always  very  temperate. 

34  Cf.  No.  135,  A,  note  6,  Grassi's  description  of  the  new  scholastic  regime,  introduced 
by  Dubourg  at  his  new  college  in  Baltimore,  and  therefore  probably  tried  already  by 
him  at  Georgetown.     Carroll  here  seems  to  be  reflecting  on  the  Neales.     Cf.  No.  154,  C, 
his  letter  to  Francis  Neale  (19  Jan.,  1790). 

35  Supra,  W ;  No.  174,  B. 

36  In  this  stricture  on  the  management  of  the  Corporation,  while  the  bishop  takes 
a  rigid  stand  in  the  matter  of  diocesan  rights,  he  does  not  extend  his  view  of  those 
rights  to  the  property  administered  by  tlie  Corporation.     Yet,  as  he  implies  in  the  next 
sentence,  the  pivot  of  the  question  was  precisely  tJiere,  in  the  siipply  of  subsidies  for  the 
maintenance  of  the  young  men,  since  he  and  his  Seminary  could  have  proceeded  to  open 
their  own  course  of  philosophy ,  if  they  had  possessed  the  pecuniary  means  of  support. 
And,  in  the  event,  the  Seminary  did  undertake  to  man  the  course  of  philosophy,  but 
tliere  where  the  means  of  support  were  provided,  for  students  and  professor  alike,  that 
is,  at  Georgetown  (cf.  infra,  No.  174,  E).     M.  Ambrose  Marechal  was  theperson  chosen 
to  conduct   the  philosophical  course  at  the   College  (1801-1802).     For  the  rest,  tlie 
interpretation,  put  by  Carroll  here  on  tlie  action  of  the  bishop-elect  Leonard  Neale  and 
the  others,  seems  only  to  betray  an  extreme  irritation  of  mind ;  for  their  antecedents 
and  the  sequel  do  not  agree  with  such  an  interpretation,  as  that  the  Trustees  meant  to 
control  the  diocese.     The  premises  show  that  it  was  the  diocese  which  had  thrown  its 
charges  upon  them  and  their  charity. 

It  was  evidently  about  the  same  time  that  Carroll  wrote  a  letter  to  Nagot,  without 
date,  but  on  the  same  matters  as  the  above  to  Plowden,  and  in  the  same  tone  of  complaint. 


§15]  No.  170,  X.     BISHOPS  AND   BOARD,    1800-1802  759 

for  whom  I  can  make  a  provision.  It  is  said,  that  Mr.  Francis  Neale, 
or  perhaps  his  Br.  [brother],  my  new  Coadjutor  [Leonard  Neale],  has 
written  to  Stonyhurst  to  obtain  a  professor  of  philosophy.  If  one,  raised 
in  that  house,  can  be  spared,  it  will  be  well ;  but  if,  [that  house]  not  being 
able  to  send  any,  a  French  priest 37  should  be  engaged  for  that  employ- 
ment, I  am  much  afraid  that  he  neither  will  please  long,  [w]or  be  pleased. 
If  those  of  St.  Sulpice,  the  most  edifying  and  inoffensive  clergymen  I 

He  expressed  his  desire  to  avail  himself  of  the  Seminary  for  the  gratuitous  education 
of  clerical  candidates,  and  lie  offered  in  return  a  special  patronage,  establishing  thus  a 
reciprocal  interest,  financial  and  moral,  between  the  diocese  and  that  institution  :  For 
these  and  many  other  reasons  which  to  you  will  be  obvious,  I  cannot  acquiesce  in 
the  intended  measure,  and,  if  only  two  or  three  of  the  number  proposed  for  the 
Seminary  will  agree  to  go  thither,  I  rely  on  your  co-operation  for  receiving  them, 
and  at  my  return  I  will  concert  with  you  and  your  brethren  the  means  of  securing 
to  your  establishment  more  constant  and  extensive  usefulness.  In  this  letter  to 
Nagot,  a  non-Jesuit  whose  interests  were  involved  in  a  sense  counter  to  the  measure 
taken  by  the  ex-Jesuits,  there  is  no  allusion,  any  more  than  in  the  letter  above  for 
Plowden,  to  any  rights  of  a  financial  value  claimed  by  Carroll,  as  diocesan  bishop,  over 
the  funds  of  the  ex-Jesuits.  On  the  contrary,  both  letters  arc  conceived  on  the  opposite 
hypothesis,  that  he,  as  far  as  his  diocese  was  concerned,  had  no  standing  whatever  in 
that  direction.  Cf.  No.  178,  passim. 

Thus,  from  these  letters  and  other  acts,  statements,  and  implications,  which  are  seen 
passim  in  this  series  of  documents,  a  complete  view,  negative  and  positi/ve,  is  had  of 
Carroll's  attitude  towards  the  ex-Jesuit  property  :  1.  His  complete  silence  Jiere,in  1800, 
wlten  the  circumstances  challenged  him  to  assert  his  rights  if,  as  Ordinary,  he  had 
any  to  the  ex-Jesuit  property.  2.  His  absolute  exclusion  till  1802  from  any  share  in 
the  control  of  the  same  temporalities,  though,  it  would  appear,  he  had  desired  to  obtain 
a  footing  in  the  management  of  those  concerns  (cf.  No.  162,  p.  708  ;  ibid.,  J  ;  No.  175, 
K-N).  3.  His  steady  and  constant  cooperation  with  the  Board,  but  as  a  mere 
committee-man  executing  its  orders  (cf.  No.  170,  K,  M ;  and  passim).  4.  When 
admitted  to  the  Board  in  1802,  his  absolute  act  of  submission  to  the  Select  Body,  as  a 
mere  officer  of  the  same  (No.  175,  N,  14?).  5.  His  triennial  oath,  1802-1815,  to  observe 
the  regulations  adopted  by  the  Select  Body,  for  the  management  of  their  estates  and 
temporalities.  6.  With  respect  to  Georgetown  College,  an  institution  supported  by 
the  said  estates,  the  conformity  of  his  conduct  with  his  profession  to  Plowden  about 
Episcopal  interference,  that  the  Bishop's  concurrence  was  not  necessary  to  the 
establishment  of  a  literary  Society  or  institution  (see  No.  170,  K,  note  22).  All  this 
was  perfectly  coherent  -with  Carroll's  Declaration,  that  the.  See  of  Baltimore  had  no 
claims  or  rights  over  the  ex-Jesuit  property  (No.  160,  G).  At  the  same  time,  it  is  all 
in  evident  contradiction  with  the  assumptions  of  Mgr.  Marechal,  when  he  based  his 
representations  to  the  Propaganda  on  appeals  to  his  venerable  predecessor's  name, 
for  statements  and  propositions  in  a  sense  contrary  to  Carroll's  recorded  words  and  acts 
(cf.  Nos.  115-121,  passim). 

It  is  also  to  be  noted  that,  in  the  effort  to  turn  his  back  on  the  Corporation  and 
create  instead  a  financial  and  moral  interest  with  the  Seminary,  offering  a  special 
patronage  to  secure  for  that  establishment  more  constant  and  extensive  usefulness,  if 
these  words  have  the  reference,  which  seemingly  from  the  circumstances  they  do  bear, 
to  St.  Mary's  secular  college,  which  now  began  its  career  of  success  (No.  175,  S-C2), 
they  furnish  a  clue  to  the  subsequent  charges  made  against  Carroll  by  the  Maryland 
Jesuits,  that  he  was  partly  responsible  for  the  competition  set  up  with  Georgetown 
College  in  its  own  legitimate  sphere  by  the  courses  established  for  the  laity  at  tlie 
ecclesiastical  institution  for  tlie  clergy  (cf.  No.  178,  V2).  The  language  which  he  uses, 
when  contemplating  the  success  of  St.  Mary's  College,  does  not  disagree  with  this 
imputation  (cf.  No.  175,  U) ;  but  the  policy  does  disagree  with  Carroll's  own  formal 
programme  respecting  the  clerical  instruction  for  which  alone  the  Seminary  was 
instituted,  and  the  literary  or  classical  education  for  which  Georgetown  had  been 
founded  (cf.  Nos.  170,  p.  745  ;  ibid.,  A;  171,  note  11). 

31  On  contingents  of  French  priests,  who  arrived  in  America  during  tlie  French 
Revolution,  cf.  J.  G.  Shea,  History  of  the  Catholic  Church  in  the  United  States, 
it.  407. 


760  No.  170,  Y,  Z.    BISHOPS  AND  BOARD,    1800-1802  [V 

ever  knew,   have  failed  in  giving  satisfaction  to  many  amongst  us,  I 
think  none  of  their  countrymen  ever  will.  .  .   . 

Y.  1800,  December  15. 

Carroll,  15  Dec.,  1800,  to  Plowden.     Repetition  of  criticism. 

...  I  wrote  in  my  last  of  the  jarring  between  myself  and  some  of 
our  good  brethren ;  in  whom,  as  it  seemed  to  me,  an  antigallican  spirit 
had  engendered  prejudices  against  the  Sulpicians  here.  In  consequence, 
the  six  or  seven  youths,  who  were  to  have  come  from  G.  Town  to  begin 
their  ecclesiastical  life  and  studies  this  autumn,  are  detained  there  for 
philosophy.  It  is  still  my  endeavour  and  hope  to  compose  these  differ- 
ences. For  never  can  the  candidates  for  H.  Orders  be  placed  in  better 
hands  [than  in  those  of  the  Sulpicians] ;  and  I  am  sure  that,  at  present, 
there  are  none  others  in  the  U.  States  fit  to  form  their  education.  .  .  . 

Z.  1801,  January  2. 

Release  and  discharge  given  by  the  Corporation  to  the  Seminary,  2  Jan., 
1801,  of  all  further  obligations  in  connection  with  the  recent  administration 
of  the  estate  at  Bohemia. 

Whereas,  by  a  Resolve  of  the  Rev.  Oath.  Clergymen,  met  at  Baltimore 
on  the  third  day  of  May,  in  the  year  of  Our  Lord  one  thousand,  seven 
hundred  and  ninety  three,  the  profits  arising  from  the  Bohemia  estate 
were  granted  to  the  Seminary  of  St.  Sulpice  at  Baltimore,  for  so  long  a 
time  as  the  legal  Trustees  for  this  property  should  find  it  advantageous 
to  the  general  benefit  of  the  diocese ;  and  whereas  the  Rev.  Mr.  P.  C. 
Nagot,  Superior  of  the  said  Seminary,  voluntarily  returned  the  manage- 
ment and  administration  of  the  aforesaid  estate  of  Bohemia  to  the 
Corporation  of  the  Rev.  Cath.  Clergymen  in  Maryland,  on  the  first  day 
of  January,  in  the  year  one  thousand,  seven  hundred  and  ninety  nine  : 
Be  it  known  to  all  whom  it  may  concern,  that  the  undersigned  Agent  of 
said  Corporation  do  hereby  acknowledge  to  have  received  in  full  the 
debts  due  from  Rev.  Mr.  F.  C.  Nagot,  Superior  of  the  above  said 
Seminary,  on  account  of  any  contract,  administration,  sales,  or  manage- 
ment relative  to  estate  of  Bohemia ;  and  that  the  said  Mr.  Nagot  is  by 
said  Corporation  hereby  cleared,  acquitted  and  discharged  from  all 
further  obligations  and  future  payments  of  any  moneys  or  debts  whatever 
on  account  of  any  grant,  contract  or  administration  of  the  aforesaid 
estate  of  Bohemia,  or  use,  or  consumption,  or  sales  of  any  property  there- 
unto belonging.  In  testimony  whereof,  I  hereunto  put  my  hand,  and 
fix  the  seal  of  my  office,  this  second  day  of  January,  in  the  year  of  Our 
Lord,  one  thousand,  eight  hundred  and  one. 

C?  SEWALL, 

Agent  for  the  Corporation  of  (Seal.) 

the  Rom.  Cath.  Clergymen. 


§  15]  No.  170,  A2-C2.     BISHOPS  AND  BOARD,    1800-1802  761 

A-.  1801,  May  5. 

Proceedings  of  the  Corporation,  5  May,  1801. 

.  .  .  Resolved  :  .  .  .  6"  That  the  management  of  Bohemia  estate  be 
put  into  the  hands  of  the  President  of  the  College  of  George  Town,  as  the 
income  of  the  said  estate  has  been  heretofore  granted  to  the  benefit  of 
said  College. 

.  .  .  Signed  :  +  LEOND  NEALE,  B?  of  Gortyna,  [president  of  Georgetown 
College].  JAMES  WALTON.  ROBERT  MOLYNEUX.  JOHN  ASHTON. 
C*.  SEWALL. 

B2.  1801,  November  3. 

Proceedings  of  the  Corporation,  St.  Thomas's  Manor,  3  Nov.,  1801. 

Resolution  (4°.)  granting  a  salary  of  £85  per  annum  to  the  professor  of 
philosophy,  and  subsidy  of  £75  to  the  College  for  each  free  place  of  students 
in  philosophy  in  said  College.  See  infra,  No.  174,  D. 

...  13°  Ordered,  that  the  Directors  of  the  College  do  make  out  and 
lay  before  the  Board  of  Trustees  all  expenditures  of  buildings  lately 
erected  for  the  use  of  the  College,  and  all  debts  due  by  the  College  from 
the  commencement  of  Mr.  Dubourg's  administration,  and  also  all  monies 
paid  from  Pipe  Creek,  Bohemia,  etc.,  towards  the  discharging  of  said 
debts. 

Signed:  +  LEON?  NEALE,  Coadjt.r  of  Bait'".     JAMES  WALTON.     ROBERT 
MOLYNEUX.     JOHN  ASHTON.     C*  SEWALL. 

C2.  1801,  1802. 

Bishop  L.  Neale  and  the  policy  of  the  ex- Jesuit  Trustees  in  the  foregoing 
transactions.  While  they  were  negotiating  for  the  immediate  restoration  of 
the  Society,  their  policy  consisted  in  holding  Georgetown,  as  well  as  the  estates, 
for  the  Order  soon  to  be  restored. 

L.  Neale,  19  Oct.,  1801,  to  Father  Marmaduke  Stone,  president  of  Stony  - 
hurst  College,  England.  .  .  .  All  the  members  of  the  Society  here  are  now 
grown  old,  the  youngest  being  past  54.  Death  therefore  holds  out  his 
threatening  rod,  and  excites  us  to  redoubled  wishes  for  the  re-establish- 
ment of  the  Society,  on  which  the  welfare  of  this  country  seems  much  to 
depend.  Could  we  have  some  of  its  genuine  members  to  fix  in  the 
possession  of  our  College  and  estates,38  the  gratification  would  be  singular. 
We  are  struggling  to  commence  philosophy  immediately.  We  hope  to  get 
a  professor  from  the  Seminary  of  Baltimore  for  the  present,  till  you  can 
provide  us  one,  if  possible,  of  the  Society.  .  .  .  My  brothers  are  well,  as 
are  all  in  the  College.  Messrs.  Young,  Matthews  and  Laurenson  are  still 
here.  They  and  all  our  BB.  join  me  in  every  cordial  wish  and  congratula- 
tion on  the  nourishing  state  of  Stony  Hu[r]st  College,  for  which  we  feel  as 
for  the  elder  brother  of  our  own. 

38  This  precise  reference  to  the  reversion  of  the  property  shows  an  additional  reason 
for  accelerating  the  restoration  of  the  Society.     Cf.  No.  178,  F. 

VOL.    I.  3D 


762  No.  170,  C2.     BISHOPS  AND  BOARD,    1800-1802  [V 

L.  Neale,  21  Apr.,  1802,  to  Stone.  .  .  .  We  have  heard  of  the  re- 
establishment  of  the  Society  thro'  Mr.  Strickland.  But  the  clear  light 
does  not  yet  shine  on  us.  You,  who  are  nearer  the  sun,  should  not 
refuse  to  communicate  its  benign  rays.  If  we  could  get  members  of  the 
Society,  they  would  be  objects  of  our  wishes.  Any  thing  genuine39  from 
our  ancient  body  would  be  highly  gratifying.  If  possibly  you  can  assist 
us,  do  not  let  the  want  of  feeling  for  remote  and  distressed  brethren 
prevent  the  salutary  aid.  If  Stony  Hurst  can  forward  assistance  to  our 
poor  George  Town  College  for  masters,  etc.,  surely  selfishness  will  have 
no  influence  with  you.  I  never  looked  upon  you  as  a  selfish  man.  I  am 
obliged  to  have  recourse  to  extremes,  even  to  make  scholars  prefects, 
etc.  We  have  some  moderate  prospects  of  future  success.  This  blessed 
day  I  gave  the  tonsure  to  six  young  men,  all  promising  characters. 
More  are  coming  on  for  next  year.  We  have  but  four  philosophers,  three 
of  whom  are  clerics.  Mr.  Marechall  is  my  professor  of  philosophy.  He 
is  one  of  the  French  gentlemen  of  the  Seminary  of  Baltimore.  There  is 
but  one  cleric  studying  in  the  Seminary,  making  his  way  to  higher 
Orders.  .  .  . 

L.  Neale,  30  June,  1802,  to  Stone.  He  is  frequently  called  upon  by  members 
of  the  cleryy,  icho  wish  to  know  what  effect  my  communications  with  you 
have,  or  are  likely  to  produce  in  our  favor.  Mortifying  it  is  to  me,  to 
have  no  other  reply  to  make,  but  that  I  have  received  no  answer  to  my 
applications,  or  that  I  am  left  entirely  in  the  dark  relatively  to  the 
object  in  question.40  For  God's  sake  relieve  me  from  my  distressed 
situation.  If  the  Sulpicians  remove  to  France  (which  is  threatened  by 
Mr.  Emery,  their  Superior  in  Paris 41),  we  shall  be  left  perfectly  bare. 
Besides,  I  suspect  some  of  our  professors  will  quit  the  College  for  other 
views, — say,  one  or  two.  In  a  similar  situation,  what  would  you  feel 
without  any  prospect  of  succour  from  our  friends  more  happily  circum- 
stanced ?  In  these  circumstances,  do  not  act  so  cruel  a  part  as  to  retain 
from  me  the  communications,  which  may  either  afford  relief  or  form  a 
basis  for  entering  into  new  plans.  Bishop  Neale  expands  at  length  in  the 
same  vein.  He  returns  to  the  entail  of  the  property.  We  enjoy  good  health. 
But  all  the  members  of  our  old  Society  are  aged  and  worn  down  with 
continual  labour.  How  long  they  may  subsist  depends  on  the  hand  of 
God,  which  holds  the  thread  of  life.  If  we  form  not  successors  before 
that  fatal  period,  the  Society  tho'  re-established  will  scarcely  succeed  to 
the  property  we  have  been  studiously  preserving  for  her.  A  concurrence 

39  An  allusion  to  the  recent  negotiations  of  Bishop  Carroll  with  the  Paccanarists, 
a  pseudo- Society  of  Jesus. 

40  Taciturnity  or  dilatoriness  was  constitutional  with  Father   Stone ;   and  the 
General  of  the  Society  often  had  occasion  to  desiderate  even  official  information  from 
him. 

41  Cf.  175,  S  ;    and  J.  G.  Shea,  History  of  the  Catholic  Church  in  the  United 
States,  H.  606-608.     M.  Dubourg's  enterprises  had  given  a  false  direction  to  the  work 
uf  the  Sulpicians  in  America, 


§  15]  No.  171.     TESSIER   ON  EX-JESUITS,    1792-1805  763 

of  our  BB'I  in  England,  I  think,  is  of  strict  obligation.  Br.  Francis, 
Messrs.  Young,  Matthews,  Laurenson,  etc.,  etc.,  join  me  in  most  cordial 
wishes  to  you  and  our  worthy  BB"  with  you.  With  the  sincerest  senti- 
ments of  esteem  and  regard,  Rv.tl  Dear  Sr, 

I  remain 

Yr.  most  affectionate  friend  and  B' 

In  Xt., 

LEON1?  NEALE, 
B?  of  Grtna.  and  Presd1  of  G-.  T.  College. 

Md.-N.Y.  Province  Archives,  1796,  Sept.  24,  Carroll,  Baltimore,  to  Plowden  ; 
4 pp.  4to,  No.  49.  Ibid.,  1798,  Dec.  11,  same  to  same;  4pp.  4to,No.52.  Ibid., 
1799,  Aug.  22,  Nagot,  Baltimore,  two  letters,  one  in  French,  the  other  in  English, 
to  the  Corporation  ;  each  1  f.  4to.  Ibid.,  1799,  Sept.  30,  the  six  Directors  of  the 
Seminary,  Baltimore,  to  the  Corporation,  Portobacco ;  2  pp.  4to.  Ibid.,  Pro- 
ceedings of  the  Corporation,  29  Mar.,  1797 ;  4  Sept.,  1797 ;  3  Dec.,  1798;  9  Oct., 
1799;  12  May,  1800;  5  May,  1801;  3  Nov.,  1801.— Georgetown  College  Tran- 
scripts, Devitt  Papers;  Rev.  J.  A.  Frederick's  copies  from  Baltimore  Diocesan 
Archives,  2  Jan.,  1801,  Release  given  by  the  Corporation  to  the  Seminary. — 
English  Province  Archives,  portfolio  6,f.  46,  Carroll,  3  Sept.,  1800,  to  Plowden. 
Ibid.,f.  53,  same  to  same,  15  Dec.,  1800.  Ibid.,  f.  54,  Leonard  Neale,  19  Oct., 
1801,  to  Stone,  Stonyhurst.  Ibid.,  f.  59,  same  to  same,  21  Apr.,  1802.  Ibid., 
f.  60,  same  to  same,  30  June,  1802. 

No.  171.  1792-1805. 

M.  Tessier,  S.S.,  on  the  ex-Jesuit  benefactions :  later  traditions. 
From  the  foregoing  documents  it  appears  that  a  grant  was  made 
of  Bohemia  to  the  Sulpicians,  in  the  interest  of  the  Baltimore 
diocese.  The  grant  was  not  onerous,  in  the  sense  of  being,  like  a 
contract  for  a  consideration,  to  the  advantage  of  loth  parties. 
There  was  no  qidd  pro  quo.  Nor  do  the  conditions  seem  to  have 
been  onerous,  in  the  sense  of  being  oppressive.  The  grantors 
reserved  to  themselves  part  of  the  debts,  instead  of  leaving  them 
inherent  in  the  provisional  gift.  They  reserved  also  the  right  of 
revoking  the  grant,  whenever  they  should  consider  that  the  interests 
of  the  diocese  did  not  call  for  its  continuance.  When  they  did 
revoke  it,  they  resumed  the  revenues  from  the  1st  of  January, 
1799,  and  also  took  the  burden  of  current  expenses  for  the  year  on 
the  portions  rented.  They  made  a  due  allowance  for  a  contract 
entered  into  with  a  tenant.  They  added  a  gift  of  two  negro 
servants,  who  were  not  to  be  sold  for  projit.  And,  in  the  settle- 
ment of  accounts,  the  Corporation  does  not  appear  to  have 
reopened  the  question  of  negroes,  sold  by  M.  Marechal  without  the 
authorization  of  the  proprietors.  The  home  farm,  or  part  not 
rented,  they  left  at  the  service  of  M.  Marechal,  as  long  as  he 
stayed  there.  But,  whereas  notice  had  been  served  in  April,  1799, 


764  No.  171,  A.     TESSIER    ON  EX-JESUITS,    1792-1805  [V 

and  the  Corporation  had  declined  to  leave  the  administration 
with  the  grantees  for  the  current  year,  it  was  not  till  20  Dee., 
1799,  that  M.  Mareclud  resigned  the  place.,  as  appears  by  the 
following  memoirs  of  M.  Tessier.1 

The  facts,  as  presented  in  the  foregoing  documents,  assume  a  different 
complexion  in  the  Memoirs  of  M.  Tessier,  written  or  dictated 
some  thirty  years  later.  It  is  stated  there  that  the  gift  had  been 
charged  with  very  onerous  conditions;  that  no  allowance  was 
made,  in  the  year  1799,  for  "  the  crops  of  that  year,"  nor  for  the 
great  improvements  which  we  had  effected  in  the  estate  ,•  that 
the  only  act  of  grace  was  to  leave  M.  Marechal  in  the  enjoyment 
"  of  the  lot  near  the  house."  It  is  not  mentioned  that  this  "  lot 
near  the  house  "  was  the  home-farm  of  110  acres,  which  always 
sufficed  for  the  maintenance  of  the  pastoral  residence?  Besides, 
there  are  in  the  Memoirs  several  implications  regarding  Bishop 
Carroll,  as  if  he  were  the  sole  benefactor,  both  in  the  grant  of 
Bohemia,  and  in  the  call  of  M.  Dubourg  to  the  presidency  of 
Georgetown,  as  well  as  in  the  deputation  of  M.  Marechal  to  teach 
philosophy  there. 

A.  1792-1805. 

M.  Tessler's  Memoirs,  on  the  foregoing  transactions  regarding  Bohemia,  etc. 
Extracts. 

Epoques  du  Senrinaire  de  Baltimore,  par  Mons.  Tessier,  \1791-1828~\. 

1791.  Le  10  juillet  nous  arrivames  a  Baltimore.  .  .  . 

1792.  ,  .  .   Le  24  juin,  Mrs.  Marechal,  Richard,  Ciquard  et  Matignon 
arriverent  de  France.     M.  Matignon,  not  a  Sulpician,  was  placed  in  Boston. 
M.  Ciquard  became  an  Indian  missionary  at  Passamaquoddij.     Mr.  Marechal 
venait  d'etre  fait  pretre  en  France,  et  il  dit  sa  premiere  Messe  a  Baltimore, 
quelques    jours   apres    son  arrives ;    puis   il   fut  envoy e    pour   apprendre 
1'auglais,  d'abord  a  Bohemia  avec  Mr.  Beeston,  puis  a  Philadelphie  chez 
Mr.  Fleming.   .   .   . 

1793.  .  .  .   On  May  13,  the  Sulpicians,  "entered  info  possession  of  the 
house  and  plantation  of  Bohemia,  which  the  Gentlemen  of  the  Clergy  annexed 
to  the  Seminary,  for  an  indefinite  time,  subject  to  their  pleasure,  and  under 
divers  conditions."     M.  Marechal  was  called  from  St.  Mary's,  and  put  in 
charge  of  the  temporalities  at  Bohemia.     See  the  text  above,  No.  1 70,  F. 

1704.  Mr.  Smith  (Prince)  Gallitzin    arrived  from    Germany  with  Mr. 

1  At  a  later  date,  ~M.gr.  Marechal  informed  the  Propaganda  that,  after  living  in 
Bohemia  "  during  seven  years,  when  he  was  a  simple  missionary  priest"  he  "was 
forced  to  abandon  this  mission,  by  the  order  of  physicians,  since  he  suffered  from  con- 
tinual fevers'1'  The  beneficence  of  the  ex-Jesuits  is  not  alluded  to  there  ;  M.  Harechal 
was  serving  a  "  mission."  See  No.  121,  A,  Notae,  3'.'  ,  (I1.1 ).  Cf.  ibid.,  note  6. 

-  No.  110,  F,  note  5. 


§  15]  No,  171,  A.     TESSIER   ON  EX-JESUITS,    1792-1805  765 

Brosius,  and  entered  the  Seminary.      GaHitzin  and  Floyd  were   the  only 
seminarians  at  this  time. 

1796,  Mr.  Flaget,  returning  from  the  Illinois,  etc.,  was  put  to  teach  at 
Georgetown,  about  6  Oct.,  1795.  Sept.  30,  Mr.  Dubourg,  ayant  appris  que 
Mgr.  1'Eveque  1'avait  fait  elire  president  du  College  de  Georgetown,  partit 
pour  s'etablir. 

1798,  Jan,  13,  arrival  of  Mr.  Dilhet,  S.S. ;  sent  to  the  mission  of  Detroit, 
where  Mr.  Levadoux  was  already  stationed.     Sept.  30,  the  two  Propaganda 
students  from  Home  came  to  examine  their  vocation;   both    abandoned  the 
ecclesiastical  career.     L'un  s'appelait   Smith,  1'autre  Daugherty  .   .   .   Le 
10  Nov.,  Mr.  Flaget  etait  revenu  du  College  [Georgetown],  et  partit  pour 
aller  joiudre  Mr.  Babade  a  la  Havanne. 

1799.  Le  7  de  Janvier,  Mr.  Dubourg  revint  du  College  du  George 
Town,  ou  il  ne  pouvait  pas  faire  les  choses  aussi  libremeut  qu'il  le  desirait, 
etant  souvent  arrete  dans  ses  plans  pour  la  conduite  du  College ;  et  parce 
que  Mr.  Babade,  qui  etait  a  la  Havanne,  avait  ecrit  qu'il  serait  tres  aise 
d'y  faire  un  etablissement,  Mr.   Dubourg  se  resolut  d'y  aller.     Le  24,  il 
partit  en  effet  avec  son  neveu  et  deux  autres  jeunes  gens,  qu'il  avait 
emrnene  de  George  Town. 

[1799.\  Le  30  avril,  Mr.  Nagot  regut  une  lettre  de  Mr.  Sewell  qui,  au 
nom  des  Trustees  du  Clerge,  nous  redemandait  Bohemia.  C'etait  a  peu 
pres  1'epoque  ou,  apres  bien  des  depenses  et  des  peines,  nous  esper[«']ons 
y  percevoir  quelques  profits.  Cependant,  personne  de  nous  ne  jugea  qu'il 
fut  convenable  d'as[m ? Jsister  a  retenir  ce  bien;  outre  que,  selon  la 
teneur  de  la  concession,  nous  n'avions  aucun  droit  d'y  insister.  Ainsi  on 
la  leur  remit  d'une  maniere  pure  et  simple,  leur  laissant  meme  la  recolte 
de  toute  1'annee,  excepte  celle  du  lot  pres  de  la  maison  qu'on  laissa  a 
Mr.  Marechal. 

Mr.  Flaget,  de  retour  du  College  suivit  Mr.  Dubourg  a  la  Havanne, 
dans  1'esperance  d'y  fonder  un  etablissement  de  Saint  Sulpice.  Mais  leurs 
esperances  furent  f rustrees  ;  une  violente  opposition  de  la  part  surtout  du 
clerge  et  des  religieux  du  pays  les  forca  a  s'en  revenir. 

1799,  Aug.  S.  Arrival  of  Mr.  Dubourg  and  Babade  with  some  Spanish 
students  from  Havana.'  Plan  of  a  new  Academy  for  them;  twelve  French 
students  to  be  admitted,  for  the  assistance  of  the  Spaniards  in  learning  French. 
The  Bishop  did  not  oppose  the  project.  Aug.  20,  commencement  of  studies, 
and  the  arrival  soon  of  more  scholars  than  the  Seminary  could  accommodate. 

1 799,  30  Dec.     M.  Marechal  left  Bohemia  for  good. 

1801  .  .  .  mars  5.  Mr.  [Ignatius]  Brooks,4  ancien  habitant  du  bas 
Maryland,  est  venu  au  Seminaire  pour  se  preparer  aux  saints  ordres.  He 
was  then  ordained  in  due  time.  More  students  come  from  Havana.  Mr. 
Flaget,  30  July,  brings  three.  Dubourg  voyages  to  and  fro. 

3  Cf.  Memorial  Volume  of  St.  Mary's  Seminary  of  St.  Sulpice,  Baltimore,  1891  ; 
pp.  79  scq. 

4  Cf.  No.  172,  B. 


766  No.  171,  B.     TESSIER    ON  EX-JESUITS,    1892-1805  [V 

1801,  Nov.  5.  Marechal  invited  by  the  bishop  to  go  and  teach  philosophy 
to  young  ecclesiastical  students  at  Georgetown. 

1802  .  .  .  Le  16  aout,  Mr.  Marechal  revint  du  College  de  Georgetown, 
oil  il  avait  fini  1'annee  de  philosophic,  qu'il  avait  promis  d'y  enseigner.  II 
esperait  que  les  jeunes  gens  le  suiveraient  a  Baltimore  a  son  retour  pour 
y  faire  leur  seminaire,  ainsi  qu'on  le  lui  avait  promis ;  mais  ils  furent 
retenus  au  College. 

18 OS,  July  4.  M.  Marechal  embarks  for  France  from  Philadelphia, 
following  others  who  had  already  departed.5  .  .  .  [1803]  Sept.  20.  All  the 
Spanish  scholars,  except  four,  are  carried  off  to  Havana  in  a  corvette. 
Desperate  condition  of  Mr.  Dubourg.  The  Directors  of  the  Seminary 
determine  to  admit  American  students.  See  text  infra,  No.  175,  R. 

1804.  A  title-deed  of  the  ground  and  of  the  great  court  of  the  College 
made  out  in  Mr.  Dubourg's  name,  to  enable  him  to  borrow.  .  .  .  Le  26  sept., 
il  vint  du  College  de  Georgetown  cinq  jeunes  ecclesiastiques,  qui  vont 
faire  ici  leur  theologie,  avec  Mr.  O'Brien  leur  condisciple,  qui  a  deja  ete 
au  Seminaire  depuis  le  6  juin,  1803.  Mr.  David  taught  philosophy  to  four 
scholars  and  two  seminarians.  The  scholars'  refectory  placed  in  the  new 
college  ;  separation  of  the  community  from  the  students, 

1805  .  .  .  Les  MM.  Fenwick,  eleves  du  College  de  Georgetown,  vinrent 
au  Seminaire  pour  y  faire  leur  theologie.6  But  four  of  the  ecclesiastical 
students  this  year  were  Icept  at  Georgetown.  Mr.  Poole  was  judged  unfit 
for  the  priesthood  ;  he  went  to  be  a  schoolmaster  at  Lancaster  .  .  . 

B.  1792-1799. 

Mr.  Brute's  record  of  Mr.  Tessier's  answers. 

...  9.  At  first  we  had  no  relations  with  the  Jesuits ;  but  our 
resources  coming  to  be  exhausted,7  Bishop  Carroll  obtained  for  us  the 
plantation  at  Bohemia  on  the  Eastern  Shore,  but  under  very  onerous 
conditions  ;  and  the  possession  of  the  property  was  revocable  at  the  will 
of  the  Jesuits.  In  fact,  after  some  years,  they  took  it  back,  without 
making  any  allowance  for  the  great  improvements  which  we  had  effected 
there.8 

About  the  purchase  of  the  tavern,  where  the  Seminary  grounds  were  laid 

5  In  Lyons,  M.  Marechal  became  known  to  the  archbishop,  Cardinal  Fesch,  with 
whom  he  subsequently  dealt  familiarly  in  Rome.  See  Section  III.,  passim.  There, 
too,  he  became  acquainted  with  James  Whitficld,  seminarian,  his  future  successor  in 
the  See  of  Baltimore.  Carroll,  21  Feb.,  1809,  to  Plowden,  quotes  a  letter  from  the  Abbe 
Marechal,  now  professor  in  the  Seminary  of  S*  Irenee,  Lyons.  The  writer  asks  for 
Carroll's  help  in  obtaining  from  England  the  episcopal  dimissorials  for  James  Whit- 
field  of  Liverpool,  the  particulars  of  whose  baptism  he  gives  in  full.  (English 
Province  Archives,  portfolio  6,  f.  90.) 

B  Cf.  Nos.  175,  E2-G2;  179,  C,  4v 

7  Mr.  Brutes  note  here  :  I  think  I  have  heard  something  of  60,000  fe  [francs'] 
-  the  books,  pictures  (which  ?) —  chalice  of  M.  Olier,  ostensorium — relics  (what  ? 

the  skull  of  St.  Bernard,  of  St.  Martin  ?  &c.). 

8  Cf.  supra,  A,  ad  1793  ;  1799,  30  avril. 


§  IS]  No.  171.     TESSIER   ON  EX-JESUITS,    1792-1805  767 

out:  price  in  fee  simple  being  850  pounds  Maryland   money.     The  pound 
was  $2.66f  cts.  .  .  . 

The  above  answers  were  given  by  Mr.  Tessier  in   183*2,  to  a  series  of 
questions  proposed  by  Mr.  Brute. 

Georgetown  College  Transcripts,  Shea  papers,  1791-1S28,  Epoques  du 
S6minaire  de  Baltimore,  par  Mons.  Tessier ;  a  copy,  24  ff.,  fol. ;  ff.  1-11.  George- 
town College  MSS.,  (B.  U.  Campbell's)  quarto  copy-book;  f.  100,  Brute's  notes 
from  Tessier's  answers.  The  blanks  for  years,  etc.,  in  these  notes  shoio  that  tlie 
respondent  was  drawing  on  his  memory,  and  not  from  documents. 

The  statements  and  answers  of  Mr.  Tessier,  belonging  to  the  years 
1828-1832,  are  to  be  understood  in  the  light  of  a  tradition 
prevailing  at  that  time.  During  ten  years  previously,  as  is  seen 
in  the  documents  of  Section  III.  above,  everything  good  that  had 
been  done  was  the  work  of  the  "  venerable  predecessor,"  Dr.  Carroll, 
and  all  the  rest  was  the  doing  of  the  "  Jesuits,"  at  a  time  when 
there  were  no  Jesuits.  The  tradition  was  filled  out  with  several 
figures,  appearing  always  in  the  same  parts. 

There  was  the  figure  of  Carroll,  with  his  goodness,  kindness,  zeal,  and 
prudence.  Seemingly,  he  had  everything  in  his  own  hands,  and 
conducted  everything.  Thus  Tessier  says,  that  Carroll  had 
obtained  for  the  Seminary  the  estate  of  Bohemia ;  that  he  had 
caused  Dubourg  to  be  appointed  president  of  Georgetown.  There 
was  the  figure  of  an  undefined  Clergy,  obedient  and  obsequious  to 
Carroll,  whenever  his  benefactions  required  and  received  assist- 
ance from  others.  Then  there  was  the  figure  of  the  Jesuits,  who 
did  the  rest. 

To  these  three  characters  corresponded  only  one  reality.  TJiat  was  a 
Select  Body  of  ex-Jesuit  clergymen,  among  whom  Carroll  was  on 
the  footing  of  mere  membership  like  the  others,  and,  because  of  his 
ecclesiastical  character  as  Ordinary  of  the  diocese,  was  excluded 
from  their  official  deliberations,  during  the  years  under  review. 
His  personal  influence  was  subject  to  such  fluctuations  that,  as  he 
wrote  to  Plowden,  he  regarded  the  policy  of  the  Corporation  in 
1800  as  an  attempt  to  wrest  from  the  Bishop  the  government 
and  superintendance  over  the  studies  and  education  of  the 
clergy.9 

All  the  establishments  at  which  M.  Marechal  had  been  entertained, 
even  that  at  Philadelphia,  were  ex-Jesuit  houses.  The  students 
of  divinity  whom  Georgetown  furnished  to  the  Seminary  were 
maintained  there  at  the  expense  of  the  Corporation.™  As  Mr. 

9  No.  170,  X,  ad  note  36. 
10  Nos.  170,  V;  17'J,  C,  4?  ;  D,  1? 


768  No.  172,  A.     SELECT  MEMBERS,    i793-(i8i6)  [V 

Tessier's  records  show,  Georgetown  was  practically  the  only  feeder 
of  the  Seminary  during  these  years,  when  even  the  Propaganda 
students  failed.  But,  except  by  inference,  these  circumstances  do 
not  make  their  appearance  in  the  tradition  of  1828-1832.  How 
Georgetown  College  came  to  he  affected  ~by  M.  Dubourg's  College  of 
St.  Mary  will  be  seen  later.11 

No.  172.  1793-(1816). 

Membership  in  the  Select  Body  of  the  Clergy :  promiscuous  during 
thirty-three  years  from  the  first  organization  of  the  Chapter. 
It  was  not  till  1816,  two  years  after  the  Bull  of  Restoration, 
dated  7  Aug.,  1814,  that,  in  accordance  with  the  fundamental 
Constitution  of  the  Select  Body?-  members  of  the  restored  Society 
were  declared  by  the  Board  of  Trustees  to  be  the  only  eligible 
candidates  for  the  future.  The  Archbishop  of  Baltimore  was  a 
member  of  the  Board  at  the  time,  and  was  in  attendance? 

A.  1794,  February  25. 

Proceedings  of  the  Corporation,  White  Marsh,  25  Feb.,  1794. 

Proceedings  of  the  Corporation  of  the  Roman  Catholic  Clergy  met  at 
the  White  Marsh  on  the  25th  day  of  February,  1794.3 

Present  the  Rev.  Messrs.  Robert  Molyneux,  John  Ashton  and  Charles 
Sewall,4  who  unanimously  agreed  to  the  following  regulations. 

It  appeared  to  the  Corporation  that  the  Declarations,  made  by  the 
former  Trustees  of  the  property  of  the  Roman  Catholic  Clergy,  Rev. 
Messrs.  James  Walton,  Robert  Molyneux  and  John  Ashton,  on  the  3rd 
day  of  October,  1793,  had  been  recorded  the  15th  day  of  the  same  month 
and  year  in  one  of  the  land  record  books  of  the  General  Court  for 
the  Western  Shore,  State  of  Maryland,  as  the  law  of  Incorporation 

"  No.  175,  R  seq.  The  tradition  is  partially  reproduced  in  the  ^Memorial  Volume  of 
the  Centenary  of  St.  Mary's  Seminary  of  St.  Sulpice,  Baltimore,"  Md.  1791-1891,  pp. 
12-16.  As  to  what  is  mentioned  there  for  1793  and  1799  (p.  12),  it  is  to  be  noted  that 
the  wish  of  M.  Emery  to  see  a  Preparatory  Seminary  established,  had  a  different  object 
from  that  of  St.  Mary's  Academy  or  College,  the  origin  and  progress  of  which  had 
nothing  to  do  with-  seminary  training.  See  ibid.,  p.  16  :  The  measure,  taken  1803,  of 
receiving  subjects  without  discrimination  of  creed  or  aspiration,  while  it  gave  impetus 
to  St.  Mary's  College,  destroyed  its  peculiar  character  of  Preparatory  Seminary.  It 
never  had  been  a  Preparatory  Seminary.  While  M.  Emery  (ibid.,  p.  12)  evidently 
discussed  the  question  of  a  petit  S6minairc  with  Bishop  Carroll,  on  the  lines  of  the 
Council  of  Trent,  Mr.  Dubourg's  enterprise,  as  Tessier  has  shown  (supra,  A),  started 
from  a  different  point  of  departure,  and  ended  differently. 

1  No.  168,  A,  16? 

2  No.  180,  F,  29  ;  19  June,  1816. 

3  Immediately  after  the  minutes  of  the  constituent  meeting,  4  Oct.,  1793.     Cf.  No. 
1G8,  A. 

1  Walton  and  Leonard  Neale,  absent. 


§   is]  No.  172,  A.     SELECT  MEMBERS,    i793-(i8i6)  769 

directs.5  Likewise,  that  the  instrument,  by  which  the  Trustees  assumed 
the  style,  name  and  title  of  the  Corporation  of  the  Roman  Catholic 
Clergy,  had  been  also  duly  recorded  in  one  of  the  law  record  books  of  the 
said  General  Court  on  the  said  15th  of  October,  agreeably  to  the  said 
law ; 6  in  consequence  of  which,  the  said  Trustees,  viz.  the  Rev.  Messrs. 
James  Walton,  Robert  Molyneux,  John  Ashton,  Charles  Sewall  and 
Leonard  Neale,  do  now  form  the  Corporation  of  the  said  Roman  Catholic 
Clergy. 

The  Corporation  then  proceeded  to  an  election 7  of  the  members  to 
compose  the  Select  Body  of  Clergy,  entitled  to  a  share  of  the  profits 
arising  from  the  estates  secured  by  law. 

\°  Resolved,  that  the  number  to  compose  the  Select  Body  of  Clergy, 
entitled  to  active  and  passive  voice  in  the  administration  of  their  tempo- 
ralities and  to  a  support  when  living  in  their  houses,  or  employed  by  due 
authority  with  a  stipulated  pension  out  of  them,  or  declared  to  be  invalids, 
shall  not  for  the  present  exceed  the  number  of  twenty-six. 

2?  That  the  said  number  be  composed  of  the  following  clergymen,  viz. 
the  Rt.  Rev.  John  Carroll,  Rev.  Messrs.  Thomas  Digges,  James  Pellentz, 
James  Frambach,  Lewis  Roels,  Joseph  Doyne,  John  Boone,  James 
Walton,  Robert  Molyneux,  John  Ashton,  John  Bolton,  Henry  Pile,  John 
Boarman,  Charles  Sewall,  Sylvester  Boarman,  Augustin  Jenkins,  Leonard 
Neale,  Charles  Neale,  Francis  Neale,  Francis  Beeston,  Joseph  Eden, 
Stanislaus  Cerfoumont,  F.  Xavier  Brosius,  Robert  Plunket,  Lewis  De 
Earth  and  G.  D.  Erntzen.8 

3"  Order  for  the  election  of  Representatives,  ivliose  powers  are  defined,  in 
resolution  4°,9  with  other  business  then  following,  5"  to  12? 

Of  these  twenty-six  persons,  Jive  at  least  had  never  been  Jesuits  :  Eden, 
Cerfoumont,  Brosius,  De  Earth,  Erntzen.  One  other,  Francis 
Neale,  had  probably  been  a  candidate  under  some  form,  before  the 
Suppression  of  the  Society™  One,  Robert  Plunkett,  had  already 
been  an  ex-Jesuit  before  the  Suppression.  Thus  only  nineteen 
out  of  the  twenty-six  had  been  Jesuits  at  the  close  of  the  old  era. 
How  quickly  strangers  were,  admitted  into  the  Select  Body  appears 

5  Nos.  164,  A,  [//.] ;  167. 
0  No.  169,  A. 

7  In  virtue  of  the  fundamental  statiite,  No.  168,  A,  4<? 

8  Cf.  No.  163,  A,  the  list  of  twenty-two,  declared  at  the  last  meeting  of  the  General 
Chapter,  7  Nov.,  1792.     Two  of  that  former  list  were  now  deceased,  Didcrick  and 
Graissl ;  and  Delvaux  was  morally  incapacitated  (cf.  No.  163,  note  5).     To  the  nine- 
teen remaining  there  were  now  added  Frambach,  Doyne,  Boonc,  Cerfoumont,  Brosius, 
Plunkett,  De  Barth. 

9  This  was  a  mistake  of  the  Corporation.    In  the  course  of  some  years  after  this, 
the  position  of  the  Representatives,  or  elective  body  of  the  Corporation,  was  defined  as 
being  superior  to  the  Corporation,  not  inferior.     They  were  the  old  Chapter.     See  No. 
175,  H,  1?;  N,  14'^,  4,  6.     For  the  business  following  here,  cf.  No.  175,  A. 

10  Cf.  No.  163,  p.  721. 


770  No.  172,  B,  C.     SELECT  MEMBERS,    i793-(i8i6)  [V 

in  the  case  of  De  Barth,  who  had  arrived  in  America  only  at  the 
end  of  October,  1791,  less  than  three  years  previously  ;  and  in  the 
case  of  Brosius,  who  had  come  in  1792,  only  two  years  earlier. 

The  Representatives,  who  met  more  than  a  year  later  at  St.  Thomas's 
Manor,  prefixed  to  their  minutes  the  foregoing  list  of  twenty-six 
members  in  the  Select  Body.  Of  the  six  Representatives  themselves 
four  were  ex- Jesuits  and  two  had  never  been  Jesuits.  The  former 
were  Pile,  Charles  Neale,  Bolton,  and  Beeston  ;  the  latter,  Francis 
Neale  and  .Eden. 

The  list  in  the  minutes  of  the  Representatives  served  as  a  memorandum 
to  receive  future  additions ;  and  so  we  give  the  appendix  as  it 
stands,  showing  the  accessions  of  new  members.  Of  the  first  eight, 
none  became  Jesuits,  though  some  were  candidates  for  the  Society 
at  one  time  or  other.  The  remaining  eleven  were  all  Jesuits  of 
the  restored  Society,  beginning  with  Rev.  James  Spink  and  ending 
with  Joseph  Carbery. 

B.  1794-(1813). 

Proceedings   of  the   Representatives,    8   June,    1795;    with   additional 
memoranda,  till  about  1813. 

[P.  1]  Members  of  the  Select  Body  of  Clergy. 
Feb.  25th,  1794. 

Rt.   Revd.   John   Carroll R.     Paul     Erntzen,     twenty-six 

names  as  above. 

-}-R.  Germain  Barnaby  Bitouze(a>     -f-R.  Will.  Pasquet 
+R.  Notley  Young  +R-  John  Dubois 

+  R.  John  Mondesir  Wm.  Mathews 

-f-  Ignatius  B.  Brooke11 
[p.  2]  Rev.  William  Vergnes  +Rev.  James  Spink 

Rev.  Enoch  Fenwick  Rev.  Benedict  Fenwick 

Rev.  Leonard  Edelin  Rev.  Adam  Marshall 

Rev.  Anthony  Kohlman  Rev.  Peter  Epinette 

+  Rev.  Francis  Malave  d.  Rev.  James  Wallace 

Rev.  John  B.  Gary 
Rev.  Joseph  Carbery. <b) 

C.  1799,  August  28. 

Proceedings  of  the  Representatives,  St.  TJtomas's  Manor,  28  Aug.,  1709. 
Present :  Robert  Molyneux,  Henry  Pile,  Leonard  Neale,  Francis  Beeston. 

(a)  To  be  read  crosswise,  for  the  order  of  admission. 

(b)  The  crosses  signify,  no  doubt,  "  deceased,"  or  departed  the  country  ;  and  were  affixed  at  some  later 
date. 

11  No.  171,  ad  note  4. 


§   15]          Mas.  172,  D;   173,  A.     PENSIONS  AND   AIDS,    1794-1800  771 

.  .  .  Resolved  that  the  number  of  the  Select  Body  may  be  increased  to 
thirty  members. 

Signed:  BEESTON,  Sec? 

D.  1816,  June  19. 

Proceedings  of  the  Corporation,  Georgetown,  10  June,  1816. 

Proceedings  of  the  Roman  Catholic  Clergy  of  Maryland,  assembled  at 
George  Town,  June  19th,  1816.  Present  the  Most  Rev.  Archbishop 
Neale,  Rev.  Mr.  Grassi,  Rev.  Mr.  Francis  Neale  and  Rev.  Mr.  Maleve, 
being  a  quorum  for  the  transaction  of  business. 

...  2°  Whereas,  by  the  16th  article  of  the  Proceedings  of  the  first 
meeting,  1793,  Oct.  4th,  the  Trustees  are  directed  to  elect  the  members 
of  the  Society  of  Jesus  into  the  Select  Body  in  preference  to  all  others, 
and  whereas  the  said  Society  is  now  duly  re-established,  resolved  that 
none  but  members  of  the  said  Society  be  hereafter  admitted  ;  and,  in  case 
that  any  should  cease  to  be  members  of  the  said  Society,  he  [!]  shall  not  be 
considered  any  more  as  a  member  of  the  Select  Body  of  the  Catholic 
Clergy  of  Maryland. 

.  .  .  Signed,  20  June  :  LEON"    ABshp.  of  Bait1?.     JOHN  GRASSI. 
FRANCIS  NEALE. 

Md.-N.  Y.  Province  Archives,  Proceedings  of  the  Corporation,  25  Feb., 
1794;  19  June,  1816. — Ibid.,  Proceedings  of  the  Eepresentatives,  4to  book,  No. 
3,  pp.  1,  2,  June  3,  1795 ;  pp.  20,  22,  Aug.  28,  1799.  The  latter  minutes  of  the 
Eepresentatives  are  copied  into  the  Proceedings  of  the  Corporation,  under  date. 

No.  173.  1794-1800. 

Pensions  and  aids.     The  general  fund ;  and  the  support  extended  to 
missionaries  in  and  out  of  the  Select  Body. 

A.  1794,  February  25. 

Proceedings  of  the  Corporation,  White  Marsh,  25  Feb.,  1794. 

...  6°  Resolved,  That  the  said  Secretary  [and  agent,  Rev.  Mr. 
Charles  Sewall]  is  charged  to  receive  the  rents  of  Cedar  Point,1  St.  Inigo's, 
and  all  other  profits  arising  from  funds  not  entrusted  to  managers  of 
private  estates  ; 2  to  keep  regular  accounts  ;  and  to  pay  from  the  profits 
of  such  estates  the  pensions  allotted  to  certain  clergymen,  viz.  to  the 
Bishop  £210  per  annum,  to  the  clergyman  of  Frederic  Town  £50,  to 
the  clergyman  of  Lancaster  £50,  to  the  invalids  £20  each  ;  and  to  pay 
all  public  debts  acknowledged  heretofore  to  be  due  from  the  Body  of  the 
Clergy  in  this  country. 

7?  That  the  managers  of  estates  shall  have  the  sole  power  to  dispose 
of  and  receive  the  profits  arising  from  the  plantations  entrusted  to  their 

1  Rented  farms  of  St.  Thomas's  Manor.     Cf.  No.  110,  F. 

2  Cf.  No.  146,  B,  4? 


772  No.  173,  B.     PENSIONS  AND   AIDS,    1794-1800  [V 

charge,  out  of  which  the  allotted  pensions  and  all  expenses  of  house  keep- 
ing, plantation  and  family,  are  to  be  paid,  and  the  residue  reserved  for 
public  uses. 

.  .  .  Signed :  ROBERT  MOLYNEUX.     JOHN  ASHTON.     CHARLES  SEWALL. 

B.  1795,  June  3. 

Proceedings  of  tlte  Representatives,  3  June,  1795.* 

.  .  .  7'-  Resolved,  That  invalids  must  reside  in  such  house  belonging  to 
the  R.C.  Clergy  as  shall  be  appointed  them  by  the  Representatives,  or  in 
such  other  place  as  said  Representatives  may  approve  of :  otherwise  they 
shall  forfeit  their  claim  to  any  pension  from  the  public  fund. 

8°  The  managers  of  estates  shall  receive  such  invalids  as  the  Repre- 
sentatives shall  send  to  their  houses,  for  whose  maintenance  the  public 
fund  shall  be  answerable. 

9°  That  each  manager  of  an  estate,  and  each  clergyman  exercising  his 
ministry  with  due  authority  and  living  on  one  of  the  estates  belonging  to 
the  Roman  Catholic  Clergy,  shall  be  allowed  eighty  dollars  per  annum 
from  said  estate,4  unless  he  be  otherwise  sufficiently  provided  by  the 
congregations  on  which  he  bestows  his  services. 

10°  £50  ordered,  to  reimburse  Mr.  Charles  Neale,  for  having  defrayed 
Mr.  Robert  PlunJcett's  expenses  in  his  voyage  to  America. 

11°  That  annual  pensions,  payable  from  the  public  fund,  be  discharged 
before  any  other  payments. 

12?  As  by  the  14th  Regulation  of  the  Clergy  assembled  at  St.  Thomas's 
Manor  on  the  4th  of  Oct!  1793,  the  Representatives  are  to  regulate  all 
public  expenses,  authorization  is  hereby  given  to  the  agent  of  the  Corporation 
that  he  pay  those  pensions,  which  the  latter  Board  had  undertaken  to  assign 
in  resolution  6?,  just  given  above,  and  which  are  repeated  in  the  same  terms:' 

13?  The  Secretary  of  the  Representatives  is  directed  to  write  without 
delay  to  the  clergyman  of  Frederick-Town  \_Dubois  ?],  to  desire  him  to  use 
his  utmost  endeavour  to  obtain,  as  soon  as  possible,  a  sufficient  support 
from  the  congregations  on  which  he  bestows  his  services,  agreeably  to  the 
directions  of  the  Bishop  in  his  pastoral  letter.6 

14?  The  10th  and  1 1th  resolutions  of  the  Corporation  (25  Feb.,  1794)  are 
cited  and  approved,  about  a  contract  of  Ashton  with  Mr.  Robert  PlunJcett  for 

3  For  members,  all  present,  see  No.  175,  B. 

4  Cf.  No.  119,  [r//.],  note  17. 

5  Supra,  A,  6?      The  Corporation's  resolution  is  not  cited.    Here  begins  the  conflict 
of  jurisdiction  between  the  two  Boards,  as  to  the  power  of  making  appropriations.     See 
No.  175,  B  seq.     Cf.  No.  162,  C-E. 

6  At  the  Synod  of  1791,  the  decrees  5-8,  Session  in.,  8  Nov.,  concerned  collections 
to  be  taken  up  from  the  faithful  at  the  Holy  Sacrifice  of  the  Mass  ;  and  the  offerings 
were  to  be  divided  according  to  the  ancient  usage  of  the  Church :  one  third  for  the 
priest's  support,  one  third  for  the  poor,  and  the  remaining  third  for  the  needs  of  divine 
worship.     Decree  23,  Session  r.,  10  Nov.,  treated  of  the  general  support  to  be  provided 
for  religion,  and  announced  an  "  instruction  "    to  be  published  with  the  decrees  of  the 
Synod. 


§   15]  No.  173,  C-E.     PENSIONS  AND  AIDS,    1794-1800  773 

an  annuity  of  9  per  cent,  for  $2000,  Wltite  Marsh  (under  Ashton's  manage- 
ment) being  security  ;  and  about  the  application  of  said  §2000,  and  a  loan  of 
£2000  more  (White  Marsh  again  being  security)  for  the  new  building  at 
Georgetown.  See  No.  162,  C,  10°,  11? ;  D,  14° 

15°  Formal  disapproval  by  the  Representatives  of  the  Corporation's  policy 
in  farming  out  the  estate  of  White  Marsh  to  its  manager,  John  Ashton.  See 
No.  162,  C,  12?;  D,  15° 

BEESTON,  Secy 

C.  1795,  August  21. 

Proceedings  of  the  Corporation,  St.  Thomas's  Manor,  21  Aug.,  1795. 

...  4?  Resolved,  That  the  Rev.  Mr.  C.  Sewall,  agent  of  the  Corporation, 
pay  into  the  hands  of  the  Bishop  the  balance  due  from  the  said  Corpora- 
tion, on  account  of  the  German  salaries  arising  from  Sir  J.  James's 
foundation.7 

.   .  .  Signed :  ROBERT  MOLYNEUX.   JOHN  ASHTON.   JAMES  WALTON. 
CHARLES  SEWALL. 

D.  1796. 

Agent's  Cash-Book,  1793-1800. 
.  .  .  1796,  AprilS.     By  ditto  [cash]  to  the  Bishop  :  balance 

due  to  Sir  Jno.  James's  foundation  ..  ..      £18.12.0 

[Same  year  and  day.~\     By  d°  to  d?,  balance  due  for  salary 

of  1795  ..  ! 40.11.3 

[Same  year  and  day.]     By  d°  to  d?,  for  salary  of  1796       ..      116.9.10 
"  .  .  1796,  Oct.  14.     To  the  Bishop  for  Sir  J.  James's 

foundation £60.18.8,  stealing]  =  101.11.1 

E.  1797,  March  29. 

Proceedings  of  the  Corporation,  St.  Thomas's  Manor,  20  Mar.,  1797. 

...  10?  Resolved,  That  the  Rev'.1  Mr.  Molyneux  be  and  is  hereby 
appointed  to  superintend  the  estate  of  New  Town,  provided  the  R'  Rev? 
Bishop  do  approve  of  the  appointment. 

11?  That  the  agent  of  the  Corporation  be  authorised  to  confer  with 
the  Bishop  respecting  a  proper  person  to  superintend  the  estate  of  Deer 
Creek,  and  to  approve  of  his  nomination  in  behalf  of  the  Corporation,  till 
the  next  meeting  thereof.8 

.  .  .  Signed:  JAMES  WALTON.    JOHN  ASHTON.     CHARLES  SEWALL. 
AUGUSTINE  JENKINS.     FRANCIS  NEALE. 

7  C/.  No.  150,  notes  9,  43. 

8  On  the  understanding  that   tlie  manager  ^vas  also  the  missionary  pastor,  these 
two  resolutions  and  others  which  folloio  show  the  jus  patron  a  tus  in  operation  ;  the  pro- 
prietors agreeing  with  the  Bishop  on  the  appointment,  the  former  granting  the  temporal 
maintenance,  the  latter  conferring  the  spiritual  powers.     Cf.  No.  120,  5? 


774  No.  173,  F,  G.     PENSIONS  AND  AIDS,    1794-1800  [V 

P.  1797,  September  1. 

'Proceedings  of  a  select  committee 9  of  the  Select  Body  of  the  R.  C.  Clergy, 
St.  Thomas's  Manor,  1  Sept.,  1797. 

...  3?  Agreed,  That  the  Trustees  be  and  they  are  hereby  authorized 
and  empowered  to  augment  or  diminish,  as  circumstances  may  require,  the 
pensions  of  clergymen  to  be  paid  by  the  agent;  provided  nevertheless 
that  they  never  reduce  the  pension  of  the  Bishop  of  Baltimore  below  the 
sum  of  two  hundred  and  ten  pounds  current  money  of  the  State  of  Mary- 
land, as  fixed  and  agreed  on  by  the  22d.  resolve  passed  by  the  R.  C.  Clergy 
on  the  4th  day  of  October,  1793.10 

4°  That  the  pensions  paid  to  clergymen  by  managers  of  estates  may  be 
augmented  or  diminished,  as  circumstances  may  require,  by  the  unanimous 
consent  of  the  manager,  who  has  such  pension  or  pensions  to  pay,  and  the 
two  Representatives  of  same  district. 

Signed  :  JOHN  ASHTON.     CHA?  SEWALL.     BEESTON. 

G.  1797,  September  4. 

Proceedings  of  the  Corporation,  St.  Thomas's  Manor,  4  Sept.,  1797. 

.  .  .  Resolved,  1?  That,  in  consequence  of  a  power  given  to  the  Cor- 
poration of  the  Roman  Catholic  Clergy  by  the  Committee  of  the  Select 
Body  convened  at  St.  Thomas's  Manor,  Sept.  1st.,  1797,  for  this  and 
other  purposes,  the  salary  of  the  Right  Rev.  Bishop  be  augmented  from 
the  sum  of  £210  current  money  to  the  sum  of  £300  per  annum,  from  the 
first  day  of  January,  1797,  till  farther  regulations  be  made  respecting  the 
same ;  and  that  the  agent  of  the  Corporation  do  pay  him  the  sum  of 
160  dollars  for  extraordinary  expences  incurred  in  Philadelphia. 

...  5?  That  in  consideration  of  the  Rev.  Mr.  Thos.  Digges's 
infirmities,  he  be  allowed  the  sum  of  £30  per  annum,11  including  this 
present  year. 

6?  That  the  Rev.  Germain  Barnaby  Bitouze,  having  petitioned  the 
Corporation  to  be  admitted  into  the  Select  Body  of  Clergy,  it  is  agreed 
that  he  is  accordingly  admitted. 

.  .  .  Signed :  JAMES  WALTON.     JOHN  ASHTON.     CHARLES  SEWALL. 
AUGUSTINE  JENKINS.     FRANCIS  NEALE. 

An  appendix  to  the  foregoing  resolutions  : 

1°  Resolved  that  the  sum  of  one  hundred  pounds  be  granted  out  of  the 
public  fund  towards  the  building  of  a  church  at  St.  Thomas's  Manor,  and 
also  that  the  savings  of  the  Southern  District  be  applied  towards  the 
building  and  finishing  the  same.12 

.  .  .  Signed  ly  the  same. 

9  No.  175,  H. 

10  No.  168,  A,  22?      Cf.  Nos.  116,  C,  note  8;  117,  C,  note  8. 

11  Cf.  supra,  A,  6? 

12  The  project  of  a  church  at  Cedar  Point  Neck,  St.  Thomas's  Manor,  appears  for  a 
long  time  in  the  minutes. 


§  15]  No.  173,  H-M.     PENSIONS  AND  AIDS,    1794-1800  775 

H.  1793-1798. 

St.  Thomas's  local  Day-Book  and  Ledger,  1793-1821. 

From  diaries  Sewalls  arrival,  May  25,  1793,  till  1802,  the  accounts  of 
Ms  church  are  prominent,  comprising  the  contributions  from  other  managers, 
and  the  formal  record  of  laying  the  first  brick  in  the  foundation-wall  of 
the  Church  of  St.  Ignatius  of  Loyola,  SI  July,  1798.™ 

J.  1798,  December  3. 

Proceedings  of  the  Corporation,  Newtown,  3  Dec.,  1798. 

...  7?  Resolved,  That,  in  consideration  of  the  great  and  necessary  ex- 
penses incurred  by  the  present  managers  \mtmag&rf\  u  of  St.  Thomas's  Manor 
in  building  a  church,  and  of  the  failure  of  his  crops,  a  sum  of  money,  not 
exceeding  one  thousand  dollars,  be  granted  to  him  from  the  P[i*6Z»e]  Fund 
by  the  first  day  of  January  in  the  year  1800,  as  a  necessary  assistance  in 
prosecuting  the  building  of  said  Church,  which  has  been  heretofore 
approved  of. 

Signed:  JAMES  WALTON.     CHARLES  SEWALL.     A.  JENKINS. 

K.  1798-1810. 

Proceedings  of  the  Corporation,  3  Dec.,  1798;  Oct.  9,  1799,  seq.  ;  also 
Proceedings  of  the  Representatives,  28  Aug.,  1 799,  copied  in  the  minutes  of 
the  Corporation. 

Measures  taken,  on  the  report  of  Leonard  Neale,  for  the  relief  of  the 
Delaware  Mission,  Mill  Creek  Hundred.  The  foundation  of  the  West  Chester 
Mission.  Provision  made  for  the  priest  ivho  shall  attend  the  congregations 
there.  See  No.  96,  B-F. 

L.  1799,  October  9. 

Proceedings  of  the  Corporation,  St.  Thomas's  Manor,  9  Oct.,  1799. 

.  .  .  Resolved  :  That  two  hundred  dollars  be  granted  to  the  Rev.  Mr. 
De  Earth  to  enable  him  to  pay  expences  and  ground  rent  due  from  the 
house  of  Lancaster. 

.  .  .  The  Corporation,  finding  that  the  present  number  of  the  Select 
Body  amounts  to  twenty-four,15  agree  that  the  Rev.  Messrs.  Notely  Young, 
John  Dubois  and  John  Mondesir  be  admitted  into  the  same  Body. 

.  .  .  Signed:  JAMES  WALTON.     EGBERT  MOLYNEUX.     JOHN  ASHTON. 
C*  SEWALL.     LEON?  NEALE. 

M.  1800,  May  12. 

Proceedings  of  the  Corporation,  Newtown,  12  May,  1800. 

.  .  .  A  resolution  on  tlte  appointment  of  managers,  that  is  to  say,  priests 

13  The  St.  Thomas's  Day-Book  shows  loell  a  local  manager's  pension  list,  expenses, 
etc. 

14  Sewall,  agent  of  the  Corporation. 

15  Cf.  No.  172,  C.     The  number  now  admissible  was  thirty. 


776  No.  174.     SEMINARIANS,    1800-1802  [V 

liming  the  chief  pastoral  functions  on  an  estate  as  well  as  the  responsible 
charge  of  temporalities.  The  first  form  of  the  resolution  is  cancelled  ;  the 
second  form  remains. 

4°  That  the  appointment  of  a  manager  to  any  of  our  estates  may,  in 
the  recess  of  the  Trustees,  be  made  by  the  concurrence  of  the  Bishop  with 
a  majority  of  three  of  the  senior  members  of  the  Corporation.  For  this 
the  following  is  substituted : 

That,  where  any  of  our  estates  shall  be  destitute  of  a  manager,  and 
one  is  to  be  appointed  in  the  recess  of  the  board  of  Trustees,  he  shall  be 
appointed  by  a  majority  of  the  three  senior  members  of  the  said  Board  in 
concurrence  with  the  Bishop. 

.  .  .  Signed:  ROBERT  MOLYNEUX.     JOHN  ASHTON.     JAMES  WALTON. 
LEONARD  NEALE. 

This  latter  form  of  the  resolution  seems  to  define  more  precisely  the 
character  and  working  of  the  patronage,  the  nomination  l>cing 
made  by  the  Trustees  without  the  bishop,  and  the  bishop  concur- 
ring, by  reason  of  the  spiritual  faculties  attached.  When  the 
Society  was  restored,  a  provision  was  attempted,  arranging  for  the 
case,  when  the  manager,  appointed  absolutely  by  the  Superior  of 
the  Society,  might  not  be  acceptable  to  the  Ordinary  for  the  post 
of  local  pastor.  This  could  happen,  when  the  superior  at  White 
Marsh,  for  instance,  was  master  of  novices™  and  therefore  too 
much  occupied  to  fill  a  missionary  post.  In  such  a  contingency, 
if  no  other  adjustment  were  made,  it  should  devolve  upon  the 
bishop  to  appoint  his  own  local  pastor,  who  however  could  claim 
support,  not  from  the  property  of  the  Society,  but  only  from  the 
congregation  or  the  bishop.11 

Md.-N.  Y.  Province  Archives,  Proceedings  of  the  Corporation,  25  Feb., 
1794;  21  Aug.,  1795  ;  29  March,  1797 ;  minutes  of  select  committee,  1  Sept., 
1797 ;  4  Sept.,  1797 ;  3  Dec.,  1798 ;  minutes  of  the  Beprcsentatives,  copied,  28 
Aug.,  1799;  9  Oct.,  1799;  12  May,  1800.  Ibid.,  Proceedings  of  the  Repre- 
sentatives, 3  June,  1795 ;  mimites  of  select  committee,  1  Sept.,  1797 ;  28  Aug., 
1799.  Ibid.,  DB,  Agent's  Cash-Book,  1793-1806,  /.  3,  /.  1,  beginning  respec- 
tively from  different  ends  of  the  book.  Ibid.,  ST,  St.  Thomas's  local  Day- 
Book  and  Ledger,  1793-1821,  consisting  of  fragments  ;  ff.  1,  5,  34. 

No.  174.  1800-1802. 

The   Seminarians :    support   of    the    diocesan   students.     Baltimore 
Seminary  and  Georgetown  College. 

16  Cf.  No.  178,  M2,  note  76,  Carroll,  23  July,  1814,  to  Grassi.     Such  a  case,  but 
involving  special  reasons,  appears  in  No.  178,  Y2,  Carroll,  31  Mar.,  1815,  to  Grassi; 
on  the  master  of  novices  at  Washington. 

17  No.  186,  A,  1,  2,  the  Carroll- Molyncux  attempted  agreement. 


Si5l  M.  174,  A,  B.     SEMINARIANS,    1800-1802  777 

A.  1800,  May  12. 
Proceedings  of  the  Corporation,  Newtown,  13  May,  1800. 

...  5?  Resolved  that  the  education  of  the  young  men  of  this  diocese, 
destined  to  an  ecclesiastical  state,  be  intrusted  to  the  Rev.  gentlemen  of 
the  Seminary  of  Baltimore.  Provisoes.  See  No.  170,  V,  5? 

6?  Carroll,  L.  Neale  and  Beeston,  are  appointed  a  committee  to  treat 
with  the  Superior  of  the  Seminary,  and  determine  the  salary  to  be  paid 
for  each  of  said  young  men  per  annum.  See  No.  170,  V,  6'.' 

7?  Ashton  to  pay  said  salaries  to  the  Seminary,  for  all  such  young  men 
as  are  now  proposed  to  be  educated  at  the  expence  of  this  Corporation. 
See  No.  170,  V,  7° 

Signed:    ROBERT   MOLYNEUX.      JOHN   ASHTON.      JAMES   WALTON. 
LEONARD  NEALE. 

B.  1800,  July  29. 

Proceedings  of  the  Corporation,  St.  Thomas's  Manor,  29  July,  1800. 

.  .  .  Whereas  a  majority  of  the  Corporation  met  at  New  Town,  May 
12,  1800,  resolved,  that  the  education  of  the  young  men  of  this  diocese, 
destined  to  an  ecclesiastical  state  be  intrusted  to  the  Rev.  gentlemen  of 
the  Seminary  of  Baltimore ;  and  whereas,  in  the  same  resolve,  it  was 
provided  that  the  Bishop  and  Board  may  hereafter  make  a  different 
regulation,  if  in  their  opinion  the  general  advantage  of  the  diocese  should 
render  it  expedient ;  *  and  whereas,  in  the  last  meeting  of  the  Directors 
[of  Georgetown  College]  at  the  White  Marsh,  an  offer  was  made  by  them 
to  put  the  old  College  in  a  condition  suitable  to  receive  the  above- 
mentioned  young  men  and  procure  a  proper  teacher ;  therefore  it  is  the 
opinion  of  the  Board  now  met,  that  the  said  offer  should  be  accepted  of. 
Therefore  resolved  : 

1?  That,  when  the  above  conditions  are  complied  with,  the  appro- 
priations made  by  the  Corporation  in  the  above-mentioned  meeting  at 
New  Town  shall  be  applied  to  the  support  of  said  young  men,  during 
their  course  of  philosophy  in  the  College  of  George  Town.u 

2?  That  the  manager  of  St.  Thomas's  Manor  [Charles  Sewall,  the  agent] 
be  authorized  to  apply  to  the  preparation  of  the  College,  for  the  ac- 
com[?n]odation  of  the  young  philosophers  in  George  Town,  four  hundred 
dollars  out  of  the  sum  granted  to  him  for  the  building  of  his  church," 
by  the  meeting  held  at  New  Town,  Dec.  3d,  1798. 4 

.    .    .    Signed:    JAMES   WALTON.     JOHN   ASHTON.     LEON"   NEALE. 
C?  SEWALL. 

1  No.  170,  V,  5? 

-  Cf.  No.  170,  X,  Carroll's  criticism  on  this  resolution. 

3  No.  173,  J. 

4  According  to  these  neio  resolutions,  only  the  theologians  were  to  be  supported  at 
Baltimore.     The  Directors  referred  to  icere  still  the  same  as  those  appointed  by  the 
select  constitutional  committeee  of  1  Sept.,  1797,  for  the  ensuing  three  years :  Francis 
Neale,  Robert  Plunkett,  John  Ashton,  Charles  Sewall,  and  Francis  Beeston.     Cf.  No. 
162,  p.  705.     Cf.  No.  170,  P,  note  29. 

VOL.  I.  3   E 


778  No.  175.     CARROLL  AND    THE  BOARDS,    1794-1802  [V 

C.  1801,  May  5. 

Proceedings  of  the  Corporation,  Newtown,  5  May,  1801. 

.  .  .  2°.  Resolved,  That  the  Rev.  Mr.  Young's  petition  for  45  dollars, 
which  he  paid  for  the  passage  of  Mr.  Phil.  Laurenson,5  be  granted,  and 
paid  by  the  agent,  as  soon  as  it  can  be  spared  from  the  fund. 

3"  That,  as  it  will  be  inconvenient  for  the  Corporation  to  meet  again 
soon,  the  appropriation  of  moneys,  heretofore  granted  for  the  education  of 
young  men  in  philosophy,  as  well  as  the  place  where  they  may  be  taught  it, 
be  left  to  the  discretion  of  the  Directors  of  the  [Georgetown}  College. 

.    .    .    Signed :  LEON?   NEALE,  Bp.    of  Gortyna.     JAMES   WALTON. 
ROBERT  MOLYNEUX.     JOHN  ASHTON.     0s  SKWALL. 

D.  1801,  November  3. 

Proceedings  of  the  Corporation,  St.  Thomas's  Manor,  3  Nov.,  1801. 

1?,  2°,  3?  Acceptance  of  Mr.  Ashton's  resignation,  and  appointment  of  Mr. 
Bitouzey,  with  divers  orders  ;  all  regarding  Wliite  Marsh.6 

4?  Resolved :  That  all  savings  from  the  stock  of  the  Insurance  Office 
and  from  the  estate  of  the  White  Marsh  be  lodged  in  the  hands  of  the 
agent,  who  shall  pay  out  of  said  savings  £40  per  annum  for  the  salary  of 
the  professor  of  philosophy,  and  £45  annually  for  his  board  in  the  College ; 
and  also  he  shall  pay  out  of  the  stock  money  £75  for  each  free  place  of 
students  in  philosophy  in  said  College. 

.    .    .    Signed  :  LEON?   NEALE,  CoadjV  of   Baltr.e     JAMES  WALTON. 
ROBERT  MOLYNECX.     JOHN  ASHTON.     Cs  SEWALL. 

E.  1801-1802. 

Tessier's  memoirs. 

.  .  .  1801,  5  Nov.  M.  Marechal  is  invited  by  the  bishop  to  go  and  teach 
philosophy  to  young  ecclesiastical  students  at  Georgetown. 

.  .  .  1802,  16  Aug.  M.  Marechal  returns  from  Georgetown  to  Baltimore, 
having  finished  the  year  he  promised  to  give  ;  but  he  is  disappointed  on  finding 
that  the  young  men  did  not  follow  him  to  make  their  Seminary  course.  See 
No.  171,  A. 

Md.-N.  Y.  Province  Archives,  Proceedings  of  the  Corporation,  12  May, 
1800;  29  July,  1800;  5  May,  1801 ;  3  Nov.,  1801.— Georgetown  College  Tran- 
scripts, Shea  papers,  1791-1828,  Epoques  du  Se'minaire  de  Baltimore,  par 
Mons.  Tessier,  a  copy  ;  ff.  6,  7. 

No.  175.  1801-1815. 

The  Corporation  and   the  Baltimore    Seminary :    vicissitudes.     The 

date  to  which  we  have  come  was  signalized  "by  the  election  of  the 

Ordinary  of  the  diocese,  Bishop  Carroll,  as  a  member  of  the 

Corporation.      Leonard    Neale,   while  serving   his    second   term 

5  Cf.  No.  170,  Q,  C2.  8  C/.  No.  162,  p.  706. 


§15]  No.  175.     CARROLL  AND    THE  BOARDS,    1794-1802  779 

(1798-1802)  since  the  establishment  of  the  Corporation,  had  been 
consecrated  Bishop-Coadjutor,  7  Dec.,  1800.  His  presence  at  the 
Board,  as  that  of  a  subordinate  in  the  diocese,  was  stated  by 
Ashton  to  meet  with  no  opposition  on  the  part  of  those,  who  did 
object  to  what  they  considered  an  intrusion  of  the  hierarchy  in 
their  temporal  affairs?- 

On  3  June,  1801,  the  three  Districts  had  elected  in  proper  form  their 

six  Representatives :  Messrs.  Henry  Pile  and  Charles  Ncale  for 

the  lower  District ;  Messrs.  Francis  Neale  and  Robert  PlunJcett 

for   the   middle;    and   Messrs.    William  Pasquet   and  Francis 

Beeston  for  the  upper  District  (comprising  Baltimore,  Philadelphia, 

and  Pennsylvania  in  general).     This  Chapter  therefore  consisted 

'  of  four  ex- Jesuits  and  two  others  (Francis  Ncale  and  Pasquet). 

They  met  in  the  following  year,  1802,  at  Georgetown,  on  11  Aug. 

Their  ballots  returned  for  the  new  corporate  Board,  1802-1805, 

the  Rt.  Rev.  John  Carroll,  Rt.  Rev.  Leonard  Neale,  Rev.  James 

Walton,  Rev.  Robert   Molyneux,  and   Rev.  Barndby  Bitouzey : 

two  bishops,  two  ex-Jesuits,  and  one  secular? 

The  trouble  with  the  Rev.  Mr.  Ashton  had  just  begun.  No  sooner  had 
the  Representatives  admitted  the  Ordinary  to  the  Board  of 

1  No.  162,  J,  ad  init.,  p.  709. 

•  The  election  of  the  Ordinary,  Dr.  Carroll,  as  Trustee  of  the  Corporation,  icas 
clearly  a  departure  from  an  original  principle  of  the  Chapter  Form  of  Government  (No. 
146,  F),  which  was  meant  to  be  kept  inviolate  under  the  act  of  incorporation,  and  had 
not  been  tampered  with  so  far.  This  particular  principle,  that  the  person  invested 
with  spiritual  jurisdiction  in  this  country  shall  not,  in  that  quality,  have  any  power 
over  or  in  the  temporal  property  of  the  Clergy,  was  already  implied  in  Carroll's  own 
Plan  of  Organisation  submitted  for  a  Chapter  Form  of  Government  (No.  143,  [r//.j,  ad 
fin.).  It  was  distinctly  affirmed  in  a  circular  letter  (Feb.,  1787)  on  the  establishment  of 
a  bishopric,  that  the  Ordinary  is  secluded  from  all  share  of  government  in  our  tem- 
poral affairs  (No.  153,  B,  [.Y///.])  ;  and  to  this  letter  Carroll  appended  his  signature. 
The  principle,  was  not  formally  re-affirmed  amongst  the  twenty-four  resolutions  of  the 
constituent  meeting  under  the  act  of  incorporation.  WhetJier  the  omission  of  it  was  due 
to  any  influence,  we  cannot  say.  It  would  appear,  if  we  are  to  believe  Ashton  in  a 
letter  submitted  to  tlie  parties  interested  (No.  162,  J,  p.  709),  that,  in  the  form  given  to 
tlie  17th  resolution  of  the  same  constituent  meeting  (No.  168,  A,  179),  Carroll  had 
elicited  Ashton' s  reluctant  consent  to  the  intromission  of  the  Ordinary's  influence  in  the 
appointment  of  managers.  That,  as  Ordinary,  Jie  should  now  desire  to  advance  farther 
and  be  favoured  with  a  seat  at  the  Board  seems  evident  from  the  course  of  events.  His 
complaints  to  Plowden  on  the  trend  of  the  Board's  policy  regarding  the  provisions  for 
seminarians  (No.  170,  X,  Y)  were  dated  less  than  two  years  before  the  election  of  him- 
self to  a  scat  among  the  Trustees.  A  state  of  anxiety  likewise  to  preserve  for  himself 
the  "newly  acquired  privilege  of  eligibility  may  be  discerned  in  an  act  of  the  new  Board 
at  its  first  meeting  (No.  175,  N),  which  makes  a  declaration  of  absolute  self-abandon- 
ment and  obedience  to  its  superiors,  the  Select  Body  of  Clergy  speaking  by  the  mouth 
of  the  Representatives ;  this  act,  the  last  (14? )  at  the  meeting,  is  immediately  signed  by 
Carroll  in  the  first  place  among  the  four  Trustees.  His  subsequent  conduct  as  a 
Trustee,  from  1802  till  his  death  in  1815,  is  that  of  a  most  assiduous  member  at  the 
meetings,  and  a  most  faithful  officer,  even  punctilious  in  the  observance  of  the  Consti- 
tution. This,  Jiawever,  was  of  sucJi  a  liberal  form  in  the  matter  of  eleemosynary 
subsidies  to  the  diocese,  that  he  had  only  to  concur  in  observing  tlie  principles  of  the 
Corporation,  and  diocesan  interests  would  find  a  place. 


780        No.  175,  A,  B.     CARROLL   AND    THE  BOARDS,    1794-1802  [V 

Trustees,  than  some  one  obtained  a  declaration  from  twelve 
members  of  the  Select  Body,  protesting  against  the  legitimacy  of 
the  late  Representatives'  meeting,  and  consequently  against  the 
election?  The  circumstance  that  the  outgoing  Trustees  accepted 
and  put  on  record  in  the  Corporation  minutes  (27  Sept.,  1802} 
the  declaration  or  protest  of  the  twelve  betrays  something  like 
sympathy  with  the  protesters ;  for  the  cognizance  and  criticism  of 
Representatives'  acts  and  doings  were  not  within  the  competency 
of  this  merely  executive  Board.*-  The  final  rectification  of  the 
issue  in  a  very  solemn  act  of  submission  on  the  part  of  the  new 
Trustees  will  show  the  attitude  taken  by  Bishop  Carroll  in  all 
questions  concerning  the  Jesuit  property,  and  the  use  of  it  for 
seminarian  or  other  diocesan  purposes.  Hence  we  begin  with  a 
supplementary  series  of  documents  showing  the  conflict  of  juris- 
diction between  the  two  Boards,  from  their  very  inception. 

Carroll  and  the  two  ex- Jesuit  Boards,  1791^-1802. 

A.  1794,  February  25. 

Proceedings  of  the  Corporation,  at  its  first  meeting  after  incorporation, 
White  Marsh,  25  Feb.,  1794.  Regulating  public  expenses,  etc. 

...  1°,  2?  Number  and  names  of  members.     See  No.  172,  A. 

3.°  An  order  that  the  Select  Body  shall  elect  Representatives  by  Districts. 
Mode  of  procedure. 

4?  A  definition  of  the  powers  of  Representatives.     Cf.  infra,  G,  9? 

...  6?  The  appropriation  of  pensions.     See  No.  173,  A,  6? 

.  .  .  10?  Approval  of  a  contract  between  Ashton  and  Plunkett,  by  which  a 
life  annuity  at  9  per  cent,  is  granted  to  the  latter  for  $2000.  See  No.  162, 
C,  10?. 

11?  Order  for  the  taking  up  of  a  loan,  £2000,  in  favour  of  Georgetown. 
See  No.  162,  0,11? 

12?  Farming  out  of  White  Marsh  to  its  manager,  Ashton.  See  No.  162, 
C,  12? 

Signed :  ROBERT  MOLYNEUX.     JOHN  ASHTON.     CHARLES  SEWALL. 

B.  1795,  June  3. 

Proceedings  of  the  Representatives,  at  the  first  meeting  after  incorporation, 
St.  Tliomas's  Manor,  3  June,  1795.  Use  of  their  own  right  in  regulating 
public  expenses. 

3  The  outgoing  Board  consisted  of  L.  Nealc,   Walton,   Molyncux,  Ashton,  and 
Sewall.     The  new  Board  was  to  consist  of  L.  Neale,  Walton,  Molyneux,  Carroll,  and 
Bitouzey.     Thus  the  two  last  "mentioned,  the   Ordinary  and  the  Norman  new-comer, 
were  s^lbslituted  for  Ashton  and  Sewall,  the  latter  having  been  both  Trustee  and  agent 
of  the  Corporation. 

1  L.  Ncalc  was  absent  from  that  last  inccting  of  the  ozitgoing  members. 


§  15]          Xo.  175,  B.     CARROLL  AND    THE  BOARDS,    1794-1802  781 

Preamble,  citing  not  only  the  8th  regulation  of  the  constituent  meeting 
(No.  168),  but  also  the  3rd.  Regulation  of  the  Corporation  (supra,  A,  3°),  for 
the  legitimacy  of  the  election  in  the  persons  of  those  present.  The  Rev. 
Messrs.  Henry  Pile  and  Charles  Neale  were  elected  Representatives  for 
the  Lower  District ;  the  Rev.  Messrs.  Francis  Neale  and  Joseph  Eden  for 
the  Middle  District ;  and  the  Rev.  Messrs.  John  Bolton  and  Francis 
Beeston  for  the  Upper  District.  The  said  Representatives  of  the  Rom. 
Cath.  Clergy,  having  received  notice  from  the  Agent  of  the  Corporation  of 
said  Clergy  to  assemble  at  St.  Thomas's  Manor,  near  the  Town  of  Port- 
Tobacco  in  Charles  County  Maryland,  there  to  enter  upon  office,  and  the 
business  appertaining  to  their  Department,  met  accordingly  at  St.  Thomas's 
Manor  aforesaid,  on  the  3rd  day  of  June,  1795.5  All  were  present. 

1?  Resolved :  That  all  transactions  of  the  Representatives,  or  a 
majority  of  them,  legally  assembled,  are  to  be  considered  as  the  trans- 
actions of  the  Select  Body  of  the  R.  C.  Clergy. 

2?  That  the  number  of  the  Select  Body  of  Clergy  shall  not  for  the 
present  exceed  twenty  six. 

3?-6?  Mode  of  procedure ;  interchange  of  acts  between  the  two  Boards. 
TJie  secretary  shall  sign  minutes.  Summons  to  meetings. 

7?,  8?  Invalids  to  reside  in  residences  designated  by  the  Representatives, 
or  to  forfeit  their  claims  to  pensions.  Managers  of  estates  to  receive  invalids 
so  placed.  See  No.  173,  B,  7°,  8? 

9?  Salary  of '§80  for  each  manager  and  clergyman  on  the  estates.  Pro- 
viso. See  No.  173,  B,  9? 

10?  Reimbursement  of  Charles  Neale  for  £50  currency  advanced  to  defray 
Plunkctfs  voyage  to  America. 

11?  Annual  pensions  from  the  public  fund  to  be  discharged  before  any 
other  payments.  See  No.  173,  B,  11? 

1 2?  As  by  the  1 4th  Regulation  of  the  Clergy,  assembled  at  St.  Thomas's 
Manor  on  the  4th  of  Octf  1793  [the  constituent  meeting],6  the  Representa- 
tives are  to  regulate  all  public  expenses,  they  therefore  decree  that  the 
Agent  of  the  Corporation  pay  out  of  the  public  fund  the  following 
pensions,  etc.  See  No.  173,  B,  12? 

13?  The  clergyman  of  Frederick-Town  to  obtain  his  maintenance  front  Us 
congregations.  See  No.  173,  B,  13? 

14?  Ratification  of  the  10th  and  llth  resolutions,  at  the  late  meeting  of 
the  Corporation.  See  No.  173,  B,  14? 

15?  Qualified  disapproval  of  the  farming  of  White  Marsh  to  its  manager, 
Ashton.  See  No.  162,  C,  12°;  D,  15? 

Signed :  BEESTON,  Sec? 

5  Here,  at  this  stage,  they  evidently  regarded   the   Corporation  as   having  some 
directive  authority  over  them.     Cf.  supra,  A,  4? 
«  No.  168,  A,  14'.' 


782        No.  175,  C-E.     CARROLL   AND    THE  BOARDS,    1794-1802  [V 

C.  1795,  August  21. 

Proceedings  of  the  Corporation,  St.  Thomas's  Manor,  21  Aug.,  IT 95. 
Overriding  the  Board  of  Representatives. 

.  .  .  Resolved :  1?  That,  whereas  the  Representatives  convened  at 
St.  Thomas's  Manor,  June  3rd,  1795,  made  sundry  resolves  interfering 
with  the  power  of  the  Corporation  concerning  the  disposal  of  money  and 
other  business,  belonging  and  entrusted  to  the  sole  management  of  said 
Corporation,  the  Agent  be  directed  to  pay  no  moneys  by  any  order  of  the 
Representatives  ;  nor  any  attention  be  paid  to  any  resolves,  which  any 
way  interfere  with  the  trust  committed  by  law  to  the  Corporation  of  the 
B.  C.  Clergy. 

.  .  .  Signed .•  ROBERT  MOLYNEUX.  JOHN  ASHTON.  JAMES  WALTON. 
CHARLES  SEWALL. 

D.  1796,  June  2. 

Proceedings  of  the  Corporation,  St.  Thomas's  Manor,  2  June,  1796. 
Assumption  of  the  power  to  appoint  Directors  for  the  College  of  Georgetown. 

...  2?  Resolved,  that  the  appointment  of  Directors  of  the  College  be 
made  hereafter  by  the  Trustees,  provided  there  be  no  dissent  from  the 
Select  Body  of  the  Clergy  within  a  reasonable  time  ;  and,  during  the 
recess  of  the  Board  of  Trustees,  all  vacancies  be  filled  by  the  remaining 
Directors  then  in  office. 

.  .  .  Signed .-  ROBERT  MOLYNEUX.  JOHN  ASHTON.  JAMES  WALTON. 
CHARLES  SEWALL. 

E.  1796,  October  5. 

Proceedings  of  the  Representatives,  St.  Thomas's  Manor,  5  Oct.,  1796. 
Proposal  to  meet  the  Corporation  in  joint  session  for  the  settlement  of 
differences. 

Present  Rev.  Messrs.  Henry  Pile,  Charles  Neale,  Francis  Neale,  Joseph 
Eden  and  Francis  Beeston. 

1?  Said  Representatives  elected  the  five  following  members  of  the 
Select  Body  of  Clergy  Trustees  of  said  Body  for  the  three  ensuing  years, 
viz.  Rev.  Messrs.  James  Walton,  Charles  Sewall,  John  Ashton,  Augustine 
Jenkins  and  Henry  Pile. 

2?  As  there  appears  a  difference  of  opinion  between  the  Representa- 
tives and  the  Trustees,  concerning  the  true  meaning  of  some  of  the 
Regulations  made  by  the  Clergy  at  their  general  meeting  at  St.  Thomas's 
Manor  on  the  4th  of  October,  1793,  the  Representatives  judge  a  joint 
meeting  to  explain  the  same  necessary  ;  and  that  as  soon  as  may  be. 
They  therefore  direct  their  Secretary  to  write  to  the  members  of  the  Select 
Body  7  for  their  approbation  of  the  measure ;  and  to  confer  with  the 
Secretary  of  the  Trustees  about  the  time  and  place  of  such  meeting. 

7  The  members  at  large  being  the  original  authority  and  ultimate  referee. 


§  15]       No.  175,  F,  G.     CARROLL    AND    THE  BOARDS,    1794-1802        783 

3?  The  Representatives  dissent  from  the  2nd.  resolve  of  the  Trustees 
met  at  St.  Thomas's  Manor,  June  2nd.,  1796,  until  it  be  discussed  and 
determined  in  the  joint  meeting  above  proposed. 

Signed:  BEESTON,  Secy 

F  1796,  October  14. 

Proceedings  of  tlie  Representatives,  St.  Thomas's  Manor,  14  Oct.,  1796. 
They  reform  the  resolution  3°,  just  passed,  5  Oct. 

Present  Rev.  Messrs.  Henry  Pile,  Charles  Neale,  Francis  Neale  and 
Francis  Beeston. 

1?  Considering  the  inconveniences  attending  the  2nd.  resolve,  made  on 
the  5th  inst.,  judged  proper  to  repeal  the  same,  and  to  adopt  the  following 
in  lieu  thereof,  viz.  That  the  Rt.  Rev.  John  Carroll,  and  Rev.  Messrs. 
John  Ashton  and  Francis  Beeston  be  appointed,  and  they  are  hereby 
appointed  a  committee  with  powers  :  (1)  To  explain  the  controverted 
Eegulations,  especially  the  14th ; s  (2}  to  define  the  powers  of  Trustees  and 
Representatives;  (3)  To  determine  by  whom  the  Directors  of  the  College 
of  George  Town  shall  be  appointed. 

2?  The  Rev.  Henry  Pile  refusing  to  accept  the  office  of  Trustee,  the 
Rev.  Francis  Neale  was  duely  elected  Trustee  to  fill  up  the  vacancy.9 

Signed :  BEESTON,  Sec"7 

G.  1797,  March  29. 

Proceedings  of  the  Corporation,  St.  Thomas's  Manor,  29  Mar.,  1797. 
Proposed  that  a  select  committee  on  the  Constitution  be  appointed,  with  an 
extension  of  its  powers  regarding  Georgetown  College,  and  also  pensions. 

.  .  .  And,  whereas  a  difference  of  opinion  subsists  between  the 
Trustees  and  Representatives  of  the  R.  C.  Clergy,  respecting  the  meaning 
of  certain  resolves  passed  at  the  first  meeting  of  the  Select  Body  of  Clergy, 
and  that  no  provision  has  been  made  to  determine  the  meaning  thereof, 
therefore  resolved  : 

3?  That  it  is  the  opinion  of  the  Trustees,  that  one  person  should  be 
chosen  out  of  the  Select  Body  of  Clergy  in  each  District  by  every  member 
thereof,  to  settle  the  same,  and  that  the  votes  be  collected  by  the  Rev. 
Mr.  Francis  Beeston  in  the  Northern  District,  and  by  the  Rev.  Mr.  John 
Ashton  in  the  Middle  District,  and  by  the  Rev.  Mr.  Sewall  in  the 
Southern  District,  and  that,  after  they  are  collected,  they  be  transmitted 
to  the  Agent  of  the  Corporation,  who  is  to  notify  the  same  to  the  persons 
so  chosen,  and  that  the  persons  chosen  do  meet  at  a  convenient  place  to 
be  appointed  by  the  Agent  for  the  aforesaid  purpose. 

And,  whereas  there  is  no  authority  constituted  for  the  appointment 
of  Directors  of  the  College  of  George  Town,  therefore  resolved  : 

8  No.  168,  A,  14? 

9  Francis  Neak's  incumbency  as  Trustee  or  agent  was  destined  to  extend  over  more 
than  a  quarter  of  a  century. 


784          No.  175,  H.     CARROLL  AND   THE  BOARDS,    1794-1802  |"V 

4?  That  it  is  the  opinion  of  the  members  of  the  Corporation  now 
present,  that  the  aforesaid  committee  of  three  be  empowered  to  settle,  how 
and  in  what  manner  the  Visitors  of  the  said  College  shall  in  future  be 
chosen,  and  that,  in  the  first  instance,  the  said  committee  should  chuse 
three  Visitors  out  of  the  Select  Body. 

And,  whereas  it  may  be  found  convenient  and  proper  in  some  instances 
to  make  certain  alterations  in  the  pensions  of  clergymen,  and  that  it  would 
be  very  inconvenient  to  assemble  the  Select  Body  in  one  place,  therefore 
resolved  : 

5?  That  it  is  also  our  opinion,  that  the  said  committee  should  be 
empowered  by  the  Select  Body  to  authorise  the  Trustees  to  augment  or 
diminish  the  pensions  to  be  paid  by  the  Agent,  agreeable  to  the  23rd. 
resolve  of  the  first  meeting  of  the  Clergy.10 

.  .  .  9?  Erasure  ordered  in  the  4tli  resolution  of  tlieir  minutes,  25  Feb., 
1794.  Cf.  supra,  A,  4?  n 

...  12?  Resolved  that  the  Rev.  Mr.  Charles  Sewall  be  Agent  of  the 
Corporation. 

Signed :  JAMES  WALTON.     JOHN  ASHTON.     CHARLES  SEWALL. 
AUGUSTINE  JENKINS.     FRANCIS  NEALE. 

H.  1797,  September  1. 

Rulings  of  tlie  select  committee  on  the  Constitution.  Their  minutes  are 
entered  in  the  Proceedings  both  of  the  Representatives  and  of  the  Corporation. 

Proceedings  of  the  Committee  of  the  Select  Body  of  R.  C.  Clergy. 

The  Rev.  Messrs.  John  Ashton,  Charles  Sewall  and  Francis  Beeston, 
being  chosen  by  the  Select  Body  of  the  R.  C.  Clergy  a  committee  with 
power  and  authority  from  said  Body  :  (1),  (2),  (3),  rehearsal  of  the  three 
subjects  of  reference,  as  propounded  by  the  Trustees.  See  supra,  G,  3?, 
4?,  5? ;  No.  162,  E.  Being  accordingly  met  at  St.  Thomas's  Manor, 
1  Sept.,  1797,  they  do  agree  as  follows,  viz. 

1?  That  in  the  14th  resolve  passed  by  the  R.  C.  Clergy,  Oct.  4th, 
1793,12  the  words,  Representative  Body,  mean  the  former  Chapter 
of  the  R.  C.  Clergy. 

2?  On  not  leasing  an  estate  of  the  Clergy.     See  No.  162,  E,  2? 

3?  The  Trustees  are  empowered  to  augment  or  diminish,  as  circumstances 
may  require,  the  pensions  of  clergymen  paid  from  the  general  fund,  but  not  to 
reduce  the  pension  of  the  Bishop  of  Baltimore  below  the  sum  of  two 
hundred  and  ten  pounds  current  money  of  the  State  of  Maryland,  as 

10  No.  168,  A,  23? 

'  The  words  to  be  erased  are :  to  regulate  all  internal  matters  of  importance 
(where  real  property  is  not  concerned).  This  was  one  of  the  attributions  which  the 
Trustees  had  assigned  to  the  Representatives  in  superintending  the  conduct  of  the 
managers  of  estates,  within  the  respective  Districts  of  the  said  Representatives.  It 
would  seem  to  have  touched  rather  the  sensibilities  of  managers  than  the  question  of 
jurisdiction  betwixt  the  two  Boards. 

12  No.  168,  A,  14? 


§  15]          No.  175,  J.     CARROLL   AND    THE  BOARDS,    1794-1802  785 

fixed  and  agreed  on  by  the  22ud.  resolve,  passed  by  the  R.  C.  Clergy  on 
the  4th  day  of  Oct.,  1793.1:!    See  No.  173,  F,  3? 

4?  On  augmenting  or  diminishing  pensions  paid  to  clergymen  by  managers 
of  estates.14  See  No.  173,  F,  4? 

5?  That  there  shall  be  five  Directors  of  George  Town  College,  chosen 
every  three  years  by  the  Trustees  from  amongst  the  Select  Body.15 

6?-ll?  Rulings  about  the  powers,  etc.,  of  Directors,  the  President  of  the 
College,  and  mode  of  procedure. 

12?  That  .the  Rev.  Messrs.  Francis  Neale,  Robert  Plunk ett,  John 
Ashton,  Charles  Sewall  and  Francis  Beeston  be  the  Directors  of  George 
Town  College  for  the  three  ensuing  years,  commencing  on  this  first  day  of 
September. 

Signed :  JOHN  ASHTON.     CHARLES  SEWALL.     F.  BEESTON. 

Md.-N.  Y.  Province  Archives,  Proceedings  of  the  Corporation,  25  Feb. ,  1794  ; 
21  Aug.,  1795 ;  2  June,  1796  ;  29  Mar.,  1797 ;  minutes  of  the  select  committee  on 
the  Constitution,  1  Sept.,  1797.  Ibid.,  No.  3,  Proceedings  of  the  Representatives, 
3  June,  1795 ;  5  Oct.,  1796 ;  14  Oct.,  1796 ;  minutes  of  the  select  committee  on 
the  Constitution,  1  Sept.,  1797. 

So  ended  the  controversy  'between  the  two  Boards  on  the  extent  of  their 
jurisdiction  respectively.  But  the  election  of  Dr.  Carroll,  Bishop 
of  Baltimore,  to  a  seat  at  the  Board  of  Trustees  partly  reopened 
the  question.  This  ivas  due  to  the  action  of  the  Corporation  in 
taking  official  notice  of  the  protest,  formulated  ~by  twelve  members 
of  the  Select  Body  against  the  meeting  in  which  the  superior 
Board  of  Representatives  had  elected  Dr.  Carroll.  The  result  of 
such  an  act  on  the  part  of  the  outgoing  Board  was  that  the  new 
Board  of  Trustees,  l)y  a  very  formal  and  explicit  resolution,  bound 
itself  down  more  than  ever  in  oledience  and  subservience  to  the 
Select  Body  ivhen  speaking  through  its  legitimate  organ,  the 
Board  of  Representatives.  The  names  of  members  composing 
the  two  bodies,  during  the  latter  period  till  Carroll's  election,  are 
seen  in  the  following  acts  of  the  Representatives. 

3.  1799,  August  28. 

Proceedings  of  the  Representatives,  St.  Thomas's  Manor,  28  Aug.,  1799. 
An   election   having   been  held  by   the  Select  Body  of   the    Roman 
Catholic  Clergy  for  Representatives  of  their  body,  for  three  years  from 

13  No.  168,  A,  22?     In  consequence  of  this  resolution,  the  Corporation  immediately 
(4  Sept.,  1797)  augmented  the  allowance  for  Bishop  Carroll.     See  No.  173,  G,  1? 

14  Evidently  distinct  from  pensions  at  the  charge  of  the  general  fund.    Cf.  Nos.  173, 
B,  9? ;  175, B,  9? 

15  From  amongst  the  Select  Body :  for  the  purpose  of  this  clause,  to  exclude  M. 
Ihibourq,  S.S.,  president  of  the  College,  cf.  No.  162,  E,  note  7.     It  had  the  effect 
later  of  excluding  /or  a  while  from  the  Board  of  Directors  Father  John  Anthony 
Grassi,  president.     Cf.  No.  178,  A2-C2. 


786        No.  175,  K,  L.     CARROLL    AND    THE  BOARDS,    1794-1802  [V 

the  3rd.  day  of  June,  1798,  the  following  gentlemen  were  duly  elected, 
viz.  Rev.  Messrs.  Robert  Molyneux  and  Henry  Pile  for  the  Lower 
District,  Rev.  Messrs.  Leonard  Neale  and  Robert  Plunkett  for  the 
Middle  District,  Rev.  Messrs.  John  Bolton  and  Francis  Beeston  for  the 
Upper  District. 

The  said  Representatives  having  been  summoned  to  meet  at  St. 
Thomas's  Manor,  on  this  day,  the  following  gentlemen  assembled,  viz., 
Robert  Molyneux,  Henry  Pile,  Leonard  Neale  and  Francis  Beeston,  who, 
forming  a  quorum,  proceeded  to  business. 

Having  elected  Francis  Beeston  secretary  to  the  Board,  they  pro- 
ceeded to  the  election  of  five  Trustees  for  three  years,  to  commence  on  the 
4th.  day  of  next  Oct.  On  counting  the  ballots,  the  following  gentlemen 
were  declared  duely  elected,  viz.  Rev.  Messrs.  James  Walton,  Robert 
Molyneux,  John  Ash  ton,  Charles  Sewall  and  Leonard  Neale. 

.  .  .  Signed :  BEESTON,  Sec'7 

K.  1802,  August  11. 

Proceedings  of  tlie  Representatives,  George  Town  College,16 11  Aug.,  1802. 

Since  the  last  meeting  of  Representatives 17  an  election  has  been 
made,  by  the  Select  Body,  of  Representatives  for  three  years  from  the 
3rd.  day  of  June,  1801,  in  which  election  the  following  gentlemen  had  a 
majority  of  votes,  and  consequently  were  duely  elected,  viz.  .Rev.  Messrs. 
Henry  Pile  and  Charles  Neale  for  the  Lower  District ;  Rev.  Messrs. 
Francis  Neale  and  Robert  Plunkett  for  the  Middle  District ;  Rev.  Messrs. 
William  Pasquet  and  Francis  Beeston  for  the  Upper  District. 

The  said  Representatives  having  been  summoned  to  meet  at  George 
Town  College  on  this  day,  the  following  gentlemen  assembled,  viz.  Henry 
Pile,  Francis  Neale,  William  Pasquet  and  Francis  Beeston. 

Who,  having  elected  Francis  Beeston  secretary  to  the  Board,  pro- 
ceeded to  the  election  of  Trustees  for  three  years,  to  commence  on  the  4th. 
day  of  next  October.  On  counting  the  ballots,  the  following  gentlemen 
were  declared  duely  elected,  viz.  Rt.  Rev.  John  Carroll,  Rt.  Rev.  Leonard 
Neale,  Rev.  James  Walton,  Rev.  Robert  Molyneux  and  Eev.  Barnaby 

Bitouze. 

Signed :  BEESTON,  Sec!' 

L.  1802,  September  27. 

Proceedings  of  tlte  Corporation,  St.  Tliomass  Manor,  27  Sept.,  1802. 

.  .   .  Whereas  the  Rev.  Messrs.  Ignatius  Brooke  and  Win.  Matthews 

10  Meetings  were  generally  held  at  St.  Thomas's  Manor.  When  latterly  Georgetown 
College  had  become  the  favoured  place  for  the  assembling  of  the  Trustees,  a  legal  techni- 
cality was  found  to  be  wanting,  inasmuch  as  Georgetown  was  not  in  the  State  of 
Maryland,  and,  according  to  the  Charter  of  the  Corporation,  all  tlie  past  acts  might  be 
mdlified.  The  Board,  not  sitting  at  Georgetown  (20  Jan.,  1818,  St.  Thomas's  Manor), 
repaired  the  irregularity,  by  sanctioning  then  'all  the  resolutions  of  the  past.  Cf.  No. 
180,  0. 

17  Supra,  J. 


§  15]          Mo.  175,  L.     CARROLL   AND    THE  BOARDS,    1794-1802  787 

having  petitioned  to  be  received  into  the  Select  Body  of  Clergy,  Resolved, 
that  they  shall  be  considered  as  members  of  said  Body. 

.  .  .  Whereas  twelve  members  of  the  Select  Body  have  given  in  their 
votes  to  this  meeting,  that  the  late  meeting  of  Representatives  at  George 
Town  was  improper,  if  not  illegal,  null  and  void,  also  plainly  subreptitious, 
as  being  planned  and  carried  on  by  two  of  the  Representatives 18  without 
the  knowledge  and  consent  of  the  other  members ; lal  and,  whereas  the  7th 
article  of  the  Constitution  says  that  the  Trustees  are  removeable  by  the 
Select  Body  of  the  Clergy  at  pleasure,19  therefore,  to  prevent  all  disputes 
or  uneasiness  which  may  arise  under  the  present  circumstances,  the  opinion 
of  the  Select  Body  having  been  taken  on  the  case,-0  it  is  hereby  declared, 
that  there  shall  be  another  meeting  of  the  Representatives  for  the  choice 
of  other  Trustees.21 

It  is  the  opinion  of  this  Board,  that  there  ought  to  be  a  committee  of 
three  chosen  once  in  three  years  to  interpret  and  decide  all  disputes,  which 
may  arise  relative  to  the  sense  of  any  article  of  the  Constitution,  as  was 
resolved  in  a  meeting  held  at  St.  Thomas's  Manor  on  the  29th  of  March, 
1797,  with  respect  to  some  certain  points,  and  afterwards  agreed  to  by  the 
Select  Body."2  We  therefore  request  the  members  of  each  District  will 

(a)  fftrefour  and  a  half  lines  have  been  carefully  erased.     Cf.  infra,  N,  14';,  2,  about  not  entering 
into  the  minutes  any  censures  on  the  members  of  the  Select  Body. 

18  As  to  the  persons  impeached  here  (apparently  with  the  implication  that  they  had 
favoured  the  election  of  Carroll),  they  must  have  been  two  among  the  fotir  Representa- 
tives present  at  tlic  meeting.    Pile  would  not  seem  to  have  been  one  of  them  ;  he  was  not 
identified  with  any  interest,  and  lie,  was  of  the  same  Lower  District,  for  which  Charles 
Neale  was  a  member.     Bishop  Carroll  says  of  him :  The  worthy  Mr.  Pile  has  resided 
on  his  own  estate,  since  his  return  to  Maryland,  but  without  indulging  in  idleness, 
having  constantly  performed  the  work  of  the  ministry  (English  Province  Archives, 
portfolio  6,f.  78,  Carroll,  Baltimore,  10  Jan.,  1808,  to  Ploiodcn).   Francis  Neale  was  con- 
sidered as  always  true  to  the  Neale  party,  and  therefore  not  in  particular  sympathy 
with  Dr.  Carroll  (cf.  No.  170,  X,  Carroll,  3  Sept.,  1800,  to  Ploioden).      On  <the  other 
hand,  Becston,  after  being  long  identified  with  Boliemia,  was  Bishop  Carroll's  pastor 
at  Baltimore ;  and  besides,  as  secretary,  could  not  be  out  of  the  secret,  if  there  were  any. 
Pasquet,  a  secular  priest,  was  noio  manager  at  Bohemia,  where   he  seems  to  have 
followed  a  successor  to  Mr.  Phelan  (Corporation  Proceedings,  3  Nov.,  1801,  S?  ) ;  and 
when  BoJiemia  was  granted  to  Carroll  (1  Sept.,  1806),  he  remained  there,  managing  the 
estate  for  the  bishop.    Afterwards,  he  became  a  troublesome  character  (cf.  No.  178,  Z2). 
Hence  the  two  persons  incriminated  seem  to  have  been  Beeston,  an  ex- Jesuit  who  never 
re-entered  the  Society,  and  Pasquet,  a  secular  clergyman.     As  the  protest  says  that  the 
meeting  had  been  held  without  the  knowledge  and  consent  of  the  other  members,  one 
of  the  tioo  absent  must  be  supposed  to  have  given  occasion  for  such  a  complaint.     Of  the 
two  absent,  Plunkett  and  Charles  Neale,  the  latter  was  never  on  very  good  terms  ivith 
Carroll,  who  considered  him  to  be  little  better 'than  an  opponent.    The  charge  of  illegality 
against  the  late  meeting  at  Georgetown  may  liave  been  based  on  the  fact  of  its  having 
been  held  within  the  Federal  jiirisdiction  of  Washington  city ;  and  the  other  charge  of 
its  having  been  subreptitious,  on  the  circumstance  of  its  not  having  been  held  at  St. 
Thomas's  Manor,  or  Portobacco,  where  diaries  Neale  lived,  and  from  whence,  he  could 
seldom  be  drawn  forth  for  any  reason  whatsoever. 

19  No.  168,  A,  7» 

20  Cf.  infra,  N,  14°,  3. 

21  This  assumption  of  general  supervision  oven  the  affairs  of  the  Select  Body  seems 
to  have  had  no  basis  in   the  powers  attributed  by  the  Constitution  to  the  Board  of 
Trustees. 

M  Supra,  G,  8? 


788          No.  175,  M.     CARROLL  AND    THE  BOARDS,    1794-1802  [V 

send  in  their  votes  for  said  committee  to  the  Eev.  Mr.  F.  Beeston  of  the 
Northern  District,  to  the  Eev.  Mr.  F.  Neale  of  the  Middle  District,  and 
to  the  Rev.  Mr.  Charles  Sewall  of  the  Southern  District  ;  and  that,  after 
the  votes  are  collected,  they  be  transmitted  to  the  Agent  of  the  Corpora- 
tion, who  is  to  notify  the  same  to  the  persons  so  chosen,  and  that  the 
persons  chosen  do  meet  at  a  convenient  place  to  be  appointed  by  the  Agent 
for  the  aforesaid  purposes,  according  to  the  above-mentioned  resolve.21 

To  settle  a  dispute  between  Eev.  Messrs.  Brosius  and  Dubois,  Beeston  is 
appointed  arbitrator. 

Rev.  John  Mondesir,  having  returned  to  France,  is  no  longer  a  member  of 
the  Select  Body. 

Archives  not  to  be  removed  from  the  residence  of  the  Agent,  unless 
carried  by  himself. 

We  recommend  to  the  Agent  that,  when  there  is  to  be  a  meeting  of 
the  Trustees,  he  also  notify  the  same  to  the  present  Bishop  and  his 
Coadjutor,  that  they  may  either  attend  in  person  or  send  to  the  Board 
any  communication  they  may  deem  proper.24 

Signed:  JAMES  WALTON.     EGBERT  MOLYNEUX.     JOHN  ASHTON. 
C:s  SEWALL.  (b> 

M.  1802,  October  2. 

Proceedings  of  the  Representatives,  St.  Thomas's  Manor,  2  Oct.,  1802. 

Present  Messrs.  Henry  Pile,  Charles  Neale,  Robert  Plunkett,  Francis 
Neale  and  William  Pasquet.  The  Rev.  Henry  Pile  being  chosen  secretary 
pro  tempore,  they  agreed  to  the  following  resolves  : 

Whereas  the  validity  of  the  meeting  of  the  Representatives,  held  at 
George  Town  in  August  last,  and  of  the  election  of  Trustees  made  therein 
is  called  in  question,  we,  the  Representatives  now  met  at  St.  Thomas's 
Manor,  for  the  sake  of  peace  and  to  do  away  all  discord,  think  the  most 

(b)  Tlius  far  the  minutes  of  the  Corporation  from  the  initial  record  of  the  constituent  meeting,  /,  Oct., 
ms,  till  this  date,  :.'7  Sept.,  1808  (37  pp.  fol.),  are  seemingly  in  one  hand  (Sewall's  ?),  excepting  some  para- 
graphs. The  original  signatures  throughout  are  appended  under  one  another. 

23  Here  there  is  no  reference  made  to  the  pleasure  of  the  Select  Body  on  the  main 
question,  as  had  been  done,  says  this  resolution,  on  the  former  occasion. 

-4  This  last  recommendation,  given  to  their  agent,  that  he  may  invite  the  Ordinary 
and  his  Coadjutor  cither  to  attend  the  meetings  or  to  send  communications,  clearly 
points  to  the  exclusion  of  both  from  a  seat  at  the  Board ;  as  is  intimated  also  in  the 
last  words  of  the  first  paragraph,  that  the  Representatives  should  proceed  to  the  choice 
of  other  Trustees.  As  far  as  the  Ordinary  was  concerned,  such  a  mode  of  procedure 
agreed  perfectly  with  the  original  practice  of  the  Chapter,  when  Carroll,  Prefect 
Apostolic,  was  respectfully  intreated  to  attend  Chapter,  but  only  after  the  said  Board 
was  already  in  session  (No.  150,  B,  [/.]).  With  regard  to  the  Coadjutor's  eligibility, 
Ashton  in  his  controversy  with  Bishop  Neale  dismissed  that  point  as  quite  immaterial 
to  the  issue  in  debate,  as  much  so  as  if  L.  Neale  were  the  Bishop  of  Pumphlygonia  or 
Carthage  (No.  162,  J,  ad  init.) ;  the  reason  being  that  the  Coadjutor  was  not  a  diocesan 
judge.  The  high-handed  proceedings  at  this  Board  were  no  doubt  inspired  by  Ashton. 
But  the  absence  of  Sewall's  name  from  the  first  and  second  lists  of  the  new  Board,  and 
the  election  of  such  a  new  man  as  the  Norman,  Barnaby  Bitouzcy,  may  convey  the 
impression  that  the  late  agent  agreed  with  Ashton  on  the  general  (question.  However, 
both  Sewall  and  Walton  were  sinking  into  the  grave. 


§  is]          No.  175,  N.     CARROLL  AND    THE  BOARDS,    1794-1802  789 

conciliating  means  to  bring  about  this  desired  effect  is  to  proceed  to  a 
new  election. 

On  counting  the  votes,  the  following  Rev.  gentlemen  were  declared 
duely  elected  Trustees  to  serve  for  three  years  from  the  date  of  this 
present  October,  viz.  John  Carroll,  Leonard  Neale,  Barnaby  Bitouze, 
James  Walton,  John  Bolton.2'"1 

Signed :  H.  PILE,  Sec.  pro  temp.-6 

If.  1802,  October  13. 

Proceedings  of  the  Corporation,  Newtown,  18  Oct.,  1802.  Minutes  of 
the  first  meeting  at  which  Carroll  sat  as  a  Trustee,  with  the  Board's  act 
of  submission  to  the  Select  Body. 

The  following  clergymen,  viz.  Rt.  Rev.  J.  Carroll,  Rt.  Rev.  Leonard 
Neale,  and  the  Rev.  Messrs.  John  Bolton  and  Barnaby  Bitouzey  convened 
the  13th.  day  of  October,  1802,  at  New  town,  St.  Mary's  County,  where 
the  Proceedings  of  the  Representatives  of  the  Select  Body  of  the  Roman 
Catholic  Clergy  of  Maryland"7  were  laid  before  them.  Behearsal  of  the 
action  taken  by  the  Bepresentatives,  George  Town,  11  Aug.,  1802,-s  with  the 
clause  thrown  in,  that  they  had  met,  after  notice  duly  given  to  them  [the 
members  present]  and  the  other  Representatives  [those  absent].  Bcsult  of 
said  election. 

Likewise  were  exhibited  to  the  above  mentioned  Rev.  gentlemen  the 
Proceedings  of  another  meeting  of  the  Representatives,  held  at  St. 
Thomas's  Manor  on  the  second  day  of  October,  1802,29  at  which  were 
present  the  Rev.  Messrs.  Henry  Pile,  Charles  Neale,  Robert  Plunket, 
Francis  Neale  and  William  Pasquet,  who  then  and  there  did  elect  the 
Rev.  John  Bolton  to  be  one  of  the  Trustees,  it  appearing  to  the  satisfaction 
of  the  said  Representatives  that  the  Rev.  Robert  Molyneux  declined  accept- 
ing the  appointment  heretofore  made  of  him  to  that  office.  Wherefore  : 

The  said  Rt.  Rev.  Messrs.  John  Carroll  and  Leon?  Neale,  the  R.R. 
Messrs.  James  Walton,  John  Bolton  and  Barnaby  Betouzey  constitute  the 
present  Corporation  of  the  Select  Body  aforesaid. 

It  being  provided  by  the  resolves  and  regulations  of  the  R.  Cath. 
Clergy,  enacted  at  their  general  meeting  at  St.  Thomas's  M[«wor],  Octob. 
4th,  1793,  Sect.  24,  that  the  Trustees,  before  they  enter  on  their 
office,  shall  bind  themselves  by  oath  made  according  to  law, 
to  a  faithful  execution  of  their  trust,  the  said  Trustees  have  severally 
made  and  signed  in  legal  form  the  following  oath :  (c) 

(c)  The  oath  is  transcribed  in  Carroll's  hand.     The  minutes  before  and  after  are  in  Bolton's(f) 
writing. 

25  Here  Bolton  is  substituted  for  Molyneux,  a  corpulent  person,  very  averse  to  move- 
ment or  activity  of  any  kind.     As  appears  from  the  next  document  (N),  he  had  declined 
to  serve  any  longer. 

26  See  No.  162,  J,  the  open  letter  of  John  Ashton  on  the  controversy,  under  date  of 
11  Oct.,  1802. 

27  Here  appears  in  the  title  of  the  Body  the  incorrect  phrase,  of  Maryland. 
«  Supra,  K. 

211  Supra,  M. 


790  No.  175,  N.     CARROLL   AND    THE  BOARDS,    1794-1802  [V 

Maryland  Sc! 

Oct.    13,   1802.     Then  came   before   me   the   subscriber,  one   of   the 
Justices  of  the  peace  of  St.  Mary's  County,  the  persons  underwritten 
who  made  oath  on  the  Holy  Evangels  of  Almighty  God,  as  follows  : 

We,  whose  names  are  hereto  subscribed,  make  oath  severally  on  the 
Holy  Evangels  of  Almighty  God,  that,  during  our  continuance  in  the 
office  of  Trustees,  we  will  truly  and  faithfully  execute  the  trust  reposed 
in  us,  according  to  the  true  intent  and  meaning  of  the  regulations  adopted, 
or  to  be  adopted,  by  the  Ministers  of  the  Roman  Catholic  Church,  for  the 
management  of  their  estates  and  temporalities. 

Sworn  before  me,  P.  Ford. 

Signed:      +  J.   CARROLL,   Bis!'  of  Baltr.e     +  LEON?  NEALE,   Bis!'   of 
Gortyna.     JOHN  BOLTON.     J.  B.  BixouzEY.30 

The  Trustees,  being  thus  qualified,  proceeded  as  follows. 

1?  Bolton  appointed  secretary. 

2?  Salary  of  the  Corporation's  agent  put  at  sixty  dollars  per  annum. 

3?  Francis  Neale  31  appointed  agent. 

4?  Resolved  that  the  Rt.  Rev.  Bp.  Carroll  receive  into  his  custody 
from  the  late  Agent  \SewalT\  the  effects,  moneys,  books  of  accounts,  and 
all  other  papers  appertaining  to  the  Office  of  the  general  agency  of  the 
Corporation,  and  deliver  them  to  the  Rev.  Francis  Neale  at  George 
Town.3" 

5?— 10°  Duties  of  the  agent  inculcated,  in  accordance  with  resolutions 
originally  made  by  the  Board.  No  erasures  to  be  made  in  minutes,  but  the 
repeal  of  former  acts  to  be  made  by  a  new  determination.  The  late  Agent's 
accounts  desiderated^  The  agent  in  future  to  have  his  books  always 
ready  for  the  Corporation,  with  due  precautions  for  their  transmission,  if  he 
cannot  attend  the  meetings  himself.  His  expenses  to  be  provided,  as  for  the 
Trustees.  Legal  advice  to  be  procured  about  assuring  the  accountability  of 
managers  to  the  Corporation. 

11°   The  Rev.  Mr.  Eden's  services  and  compensation. 

12°  Resolved,  that  the  Rev.  Mr.  Betouzey  repair  immediately  to  the 
White  Marsh,  and  enter  into  the  management  of  that  estate,  agreeably 
to  the  1st.  resolve  of  the  Corporation  at  St.  Thomas's  Manor,  Noverub.  3, 
1801/'4  the  Bishop's  approbation  being  now  obtained. 

30  Cf.  No.  168,  B,  C. 

31  Not  a  Trustee,  but  one  of  the  Representatives. 

32  The  -meaning  of  this  commission  is  partly  explained  by  tJie  direction  of  Carroll's 
journey,  as  he  had  to  travel  up  northwards  from  the  lower  counties,  the  present  meeting 
being  held  at  Newtown,  on  the  Potomac.     He  could  pass  on  his  way  by  Portobacco, 
where  Charles  Sewall  was  stationed,  as  the  address  of  letters  to  him  from  his  brother, 
Nicholas,  in  England,  shows  at  this  time. 

33  There  is  a  tone  of  complaint  in  this  7th  resolution  about  the  late  Agent. 

31  As  Ashton  had  resigned  the  management  of  the  White  Marsh,  and  intended  to 
retire  from  thence  in  the  course  of  the  next  summer,  the  Corporation,  3  Nov.,  1801, 
had  resolved  on  the  transfer  of  Bitouzey  from  St.  Thomas's  Manor,  if  the  bishop 
approved,  and  had  desired  Ashton  to  give  his  successor  all  necessary  information  con- 
cerning the  estate  of  the  Marsh  and  the  annexed  property.  Cf.  No.  162,  G,  note  8. 


§  15]          No.  175,  N.     CARROLL  AND    THE  BOARDS,    1794-1802  791 

13?  Resolved,  that  the  Rev.  Mr.  Pasquet  be  empowered  to  obtain  from 
the  Rev.  Mr.  Souge  the  plat  and  deeds  for  certain  lots  lying  in  Kings 
Town,  Queen  Ann's  County,  and  sell  the  same  on  the  best  terms  he  can 
obtain ;  and  the  Corporation  will  execute  the  necessary  deeds  to  the 
purchaser.35 

14?  Resolved,  that  the  following  declaration  is  expressive  of  the 
principles  which  the  Corporation  will  make  the  rules  of  their  administra- 
tion. 1.  That  the  Corporation  possesses  no  power  or  authority,  excepting 
those  which  are  derived  from  the  Act  of  Incorporation  and  Regulations 
made  pursuant  thereto,  by  a  Convention  of  the  Roman  C.  Clergy  held  at 
St.  Thomas's  Manor,  Octob.  4,  1793.:SG  2.  That  the  Corporation  is  not 
vested  with  authority  to  establish  or  decide  011  the  true  meaning  of  the 
controverted  clauses  of  the  Constitution,  nor  to  inflict  and  enter  into  their 
Proceedings  any  censures  on  the  members  of  the  Select  Body,  excepting 
the  cases  particularly  specified  in  the  Constitution ;  nor  to  decree  and 
convoke  a  meeting  of  the  Representatives,  nor  to  declare  any  meeting  held 
by  these  illegal,  null,  void,  or  subreptitious.  3.  That  the  Corporation 
would  betray  their  trust,  and  pave  the  way  to  the  corruption  and  degrada- 
tion of  the  Select  Body,  by  solliciting f or  their  particular  views  the  con- 
currence and  interest  of  clergymen  not  members  of  the  said  Body,  and 
adducing  their  pretended  approbation  and  concurrence  as  the  vote  of  that 
Body  ;  and,  immediately  after,  admitting  such  clergymen  into  it.:!7  This 
violation  of  trust  would  be  more  flagrant,  if  the  opinions,  ascribed  to  those 
persons,  had  never  been  delivered  by  them.  4.  That  the  Corporation, 
without  assuming  to  themselves  to  decide  on  a  point  not  committed  to 
their  office,  are  of  opinion  that,  to  determine  doubts  arising  on  the  mean- 
ing of  the  Constitution,  it  is  necessary  for  the  Select  Body  either  to  meet 
in  general  convention  or  to  instruct  their  only  constitutional  organs,  the 
Representatives,  to  declare  the  sense  of  their  several  Districts.  5.  That 
the  fair  and  deliberate  sense  of  the  Select  Body  cannot  be  collected 
from  answers  written  by  individuals,  and  unauthorized  applications  ;  that 
such  applications  and  answers  would  open  a  door  to  intrigue,  and  infallibly 
breed  dissensions,  and  uncharitable  misrepresentation ;  especially  if  no 
time  should  be  allowed  for  a  free  communication  with  other  members  of 
the  Select  Body  holding  opposite  opinions  ;  and  the  more  so,  when  partial 
statements  accompany  the  applications  made  to  individuals.  6.  That  the 

35  As  documents  already  cited  have  shown,  and  this  resolution  now  linstances  at  the 
first  meeting  which  Carroll  attended  in  the  quality  of  Trustee,  the  alienation  of  real 
property  was  carried  on  without  any  distinct  or  even  implicit  reference  to  canonical 
prohibitions.     It  illustrates  the  view,  entertained  by  Carroll  and  the  others,  as  to  what 
they  called  the  civil  nature  of  the  property  covered  by  the  act  of  incorporation.     Cf. 
No.  87,  B,  E-H ;  also  Nos.  124,  C,  note  7,  Marcchal's  statement  to  the  Propaganda ; 
148,  note  3 ;  197,  on  the  Maryland  use  of  the  term,  ecclesiastical  property. 

36  No.  168,  A.    Compare,  in  this  document  signed  by  Carroll,  the  manner  of  referring 
to  the  constituent  meeting  with  Marechal' s  account  of  the  same  assembly,  submitted  to  the 
Propaganda  (Nos.  117,  E;  119,  [///.]— [K/.]). 

*:  Cf.  supra,  L,  the  admission  of  Rev.  Messrs.  I.  Brooke  and  W.  Matthews. 


792  No.  175,  N.     CARROLL   AND    THE  BOARDS,    1794-1802  [V 

Representatives,  chosen  triennially,  are  the  constitutional  organs  to 
declare  the  sense  of  the  Select  Body,  and  sufficient  to  make  known  their 
will ;  and  that  to  elect  triennially  others  besides  these/38  to  superintend 
the  interests  of  the  Select  Body,  would  only  serve  to  promote  intricacy 
in  their  government,  and  multiply  trouble  and  expence,  without  producing 
one  good  effect,  which  is  not  already  within  the  reach  of  the  Select  Body, 
by  their  constitutional  power  of  chusing  Representatives  entitled  to  their 
confidence.  7.  That  it  is  to  be  wished  that  the  Representatives,  previous 
to  their  next  meeting,  obtain  instruction  on  the  foregoing  subjects  for 
[from?]  their  constituents,  assembled  together,  if  possible,  in  their 
respective  Districts ;  and  particularly  on  that,  which  relates  to  the 
authority  that  ought  to  be  attached  to  individual  opinions,  delivered 
without  deliberation  and  mutual  discussion. 

Signed :    4-  J.    CARROLL,  BisP  of   Bait1.6       +  LEOND  NBALE,    BisP  of 
Gortyna.        JOHN  BOLTON.       G.  B.  BITOUZEY. 

Md.-N.  Y.  Province  Archives,  No.  3,  Proceedings  of  the  Representatives, 
28  Aug.,  1799  ;  11  Aug.,  1802 ;  2  Oct.,  1802.  Ibid.,  Proceedings  of  the  Corpora- 
tion, 27  Sept.,  1802;  13  Oct.,  1802. 

We  have  a  copy  of  the  opinions  expressed  by  the  Middle  District  (16 
Nov.,  1802,  infra,  P),  and  also  that  of  the  northern  constitu- 
ency (17  Nov.,  1802,  infra,  Q)  on  this  referendum  (N,  14°,  1-6) 
of  the  Ordinary,  the  Coadjutor,  the  other  ex-Jesuit,  and  the 
secular.  The  former,  who  sit  at  Georgetown  and  are  cautious  in 
their  judgment,  consist  of  five  seculars  and  one  ex- Jesuit.  The 
others,  who  sit  at  Oonewago,  Pennsylvania,  are  four  seculars  and 
one  ex-Jesuit.  These  rehearse,  in  the  first  place,  and  then 
approve  absolutely,  the  said  six  articles,  and  are  of  opinion,  that 
all  future  Trustees  ought  to  be  guided  by  the  same  principles 
and  rules,  which  they  proceed  to  commend  in  particular,  and  in 
special  terms  of  emphasis.  To  this  opinion,  which  is  inserted  in 
the  Proceedings  of  the  Representatives,  a  note  is  appended,  that 
the  members  of  the  Select  Body,  residing  in  the  Lower  District, 
never  complied  with  the  request  and  recommendation  of  the 
Corporation,  by  assembling  and  taking  into  consideration  the 
foregoing  subjects. 

The  foregoing  subjects  thus  submitted  were  two.  But  the  second,  to 
which  we  now  come,  is  not  recorded  by  the  Board  of  Trustees 
from  whom  it  emanated  like  the  first.  It  appears  in  the  Proceed- 
ings of  the  Representatives)  and  is  nothing  less  than  a  proposal  to 

3S  Cf.  supra,  L,  the>  opinion  and  action  of  the  outgoing  Board,  relative  to  a  special 
committee  of  three. 


§  15]       No.  175,  0.     THE  SEMINARY  AND    GEORGETOWN,    1802       793 

combine,  with  the  Sulpicians  in  reconstituting  their  Baltimore 
Seminary,  which  was  not  flourishing ,  and  in  restoring  Georgetown 
College,  which  was  not  thriving.  In  communicating  this  project, 
which  they  say  has  originated  with  the  Sulpicians,  the  Trustees 
take  occasion  to  introduce  and  second  it  with  considerations  on 
the  extension  of  religion  in  the  whole  country,  from  Pennsylvania 
to  Kentucky  and  Georgia. 

0.  1802,  October  15. 

Letter  of  the  Corporation,  15  Oct.,  1802,  on  joint  action  witli  Hie 
Sulpicians. 

Letter  addressed  to  the  members  of  the  Select  Body  of  the  E.  C. 
Clergy,  residing  in  the  different  Districts,  by  the  Trustees  of  the  said 
Clergy. 

Newtown,  October  15th,  1802. 

GENTLEMEN, 

The  College  of  George  Town  is  at  present  almost  the  only 
resource,  from  which  the  friends  of  religion,  can  hope  for  a  supply  of 
young  men,  of  literary  education,  willing  to  devote  themselves  to  an 
ecclesiastical  state  ;  and  consequently  the  prosperity  of  that  establishment 
is  essential  to  the  procuring  of  a  sufficient  number  of  clergymen  to  answer 
the  demand  for  them  in  the  United  States.  Already  many  large  and 
heretofore  flourishing  congregations  are  without  spiritual  assistance ;  and 
every  day  it  may  be  expected  that  others  will  be  in  the  same  situation. 
In  Maryland  alone  the  numerous  congregations  of  Boone's  Chapel,  Seneca, 
Bohemia,  etc.,  have  no  pastors  ;  to  say  nothing  of  the  States  of  Penn- 
sylvania, Kentucky,  Georgia,  etc.  From  France  no  further  assistance 
must  be  looked  for ;  on  the  contrary  it  is  both  natural  to  expect,  and  late 
advices  give  too  much  reason  to  fear,  that  much  of  the  assistance,  hereto- 
fore derived  from  French  Priests,  will  be  withdrawn  from  us.  These, 
and  many  other  obvious  considerations,  strongly  inforce  the  necessity  of 
encouraging  the  College,  so  that  it  may  be  productive  of  the  principal 
advantage,  contemplated  at  its  institution. 

It  is  thought  that,  amongst  other  causes  of  its  declension,  one  is  the 
establishment  of  the  Academy  now  existing  at  the  Seminary  at  Baltimore.39 
Without  examining  the  foundation  of  this  persuasion,  it  is  certain  that  the 
raising  of  the  Academy  has  unhappily  increased  and  kept  alive  the  sparks 
of  disagreement  between  the  members  of  the  Select  Body  and  others  of 
the  Sulpicians.  From  this  unhappy  division  it  naturally  ensues,  that  each 
is  backward  of  requiring  from  or  affording  to  the  other  the  desirable 
assistance  and  confidence.  Hence  the  College  is  not  supplied  sufficiently 
with  capable  masters,  to  raise  its  credit  and  estimation  in  the  eyes  of  the 

39  St.  Mary's  College,  Baltimore. 
VOL.    I.  3    F 


794       No.  175,  P.     THE  SEMINARY  AND   GEORGETOWN,    1802  [Y 

public ;  few  students  are   sent   to  it,  and   consequently  it   declines   in 
reputation  and  in  the  means  of  subsistence  and  improvement. 

In  this  situation,  a  proposal  has  been  made  by  the  gentlemen  of 
St.  Sulpice,  which  deserves  the  attentive  consideration  of  the  Select 
Body  ;  for  it  opens  a  prospect  of  returning  harmony  and  confidence  ;  of  a 
supply  of  students  and  teachers  to  the  College  ;  and  of  securing  to  this 
country  the  services  of  a  meritorious,  edifying  and  respectable  body  of 
clergymen.  They  offer  to  suppress  immediately  their  Academy  at 
Baltimore ;  to  transfer  the  students  to  the  College ;  and  to  furnish  it 
with  a  certain  number  of  subjects  for  teaching  and  other  purposes.  This 
offer  is  accompanied  with  conditions,  some  of  which  will  probably  be 
thought  inadmissible,40  some  requiring  modifications  ;  and  others,  reasonable 
and  advantageous.  But,  on  the  whole,  there  is  no  authority  competent 
to  come  to  an  agreement  on  the  proposal  above  mentioned,  without  the 
sanction  of  the  Select  Body.  And,  as  the  object  is  of  the  first  importance, 
we  take  the  liberty  of  suggesting  to  our  Brethren  the  propriety  of  their 
authorising  their  Kepresentatives  to  convene,  and  appoint  from  amongst 
themselves  a  committee  of  two  or  three,  to  confer  with  a  like  number  of 
gentlemen  of  St.  Sulpice,  and  agree  upon  the  terms  of  the  union  proposed 
by  the  latter.  This  appears  to  us,  and  to  those  of  our  Brethren  with 
whom  we  have  conversed  on  the  subject,  a  matter  of  so  much  importance 
as  to  demand  your  immediate  attention ;  and,  as  such,  is  recommended 

to  you. 

By  order  of  the  Corporat'.', 

JOHN  BOLTON  Sec? 

[P.S.  ?]  Eev.  Messrs.  H.  Pile  and  Charles  Neale. — Messrs.  Francis 
Neale  and  Robert  Plunkett. — Messrs.  Francis  Beeston  and  William 
Pasquet.41 

You  are  requested  by  the  Corporation  to  communicate  immediately 
the  inclosed  letter  to  the  gentlemen  of  your  District,  that  they  may 
deliberate  together  on  its  contents,  and  give  you  their  instructions 

thereupon. 

I  am  etc. 

JOHN  BOLTON  Sec*' 

P.  1802,  November  16. 

Answer  of  the  Middle  District  to  the  foregoing  letter  of  the  Corporation 

(supra,  O). 

George  Town  College,  Nov.  16th,  1802. 

We,  the  underwritten  members  of  the  Select  Body  of  the  Middle 
District,  having  convened  agreeably  to  the  request  of  the  Trustees 
assembled  at  Newtown  on  the  15th  day  of  October,  1802,  have  unanimously 
come  to  the  following  resolves : 

«>  Cf.  infra,  P,  2? 

41  The  Representatives.     See  supra,  K. 


§  15]       No.  175,  Q.     THE  SEMINARY  AND   GEORGETOWN,    1802       795 

Eesolved,  1?  That  such  a  committee  as  is  proposed  be  cliosen  by  the 
Representatives,  but  not  from  themselves  alone  as  projected  ;  rather  from  the 
Select  Body  at  large.  Proviso,  that  if  the  other  Districts  have  already 
adopted  the  project  as  presented,  the  Representatives  of  this  District  conform 
themselves  to  the  majority. 

Eesolved,  2?  That  the  said  referees  be  directed  to  consent  to  no 
proposals,  calculated  to  commit  the  interests,  or  accumulate  the  debts, 
either  of  the  Corporation  or  of  the  College. 

Kesolved,  3?  That  the  plan  which  may  be  adopted  by  the  referees  on 
both  sides  be  submitted  to  the  Trustees  for  their  consideration  and 
final  approbation. 

Signed:  FRANS  NEALE.  EOBT  PLUNKETT.42  Jos.  EDEN. 

JN.°  DUBOIS.     NOTLEY  YOUNG.     WILL"'  MATTHEWS,  Sec? 

Q.  1802,  November  17. 

Answer  of  tlie  Upper  District  to  the  same  letter  of  the  Corporation 
(supra,  O). 

Conewago,  Nov.  17th,  1802. 

We,  the  undersigned  members  of  the  Select  Body  of  the  Roman 
Catholic  Clergy,  residing  in  the  Upper  District,  assembled  at  Conewago 
on  the  16th  and  17th  days  of  November,  1802,  agreeably  to  the  request 
and  recommendation  of  the  Trustees  of  said  Body,  to  instruct  our 
Eepresentatives  on  the  proposed  union  of  the  College  of  George  Town 
and  the  Academy  now  existing  at  the  Seminary  at  Baltimore ;  and  to 
give  our  opinion  of  the  Principles  and  Eules  adopted  by  the  present 
Trustees,  for  their  Administration,  expressed  in  the  141!1  Resolve,  passed 
by  said  Trustees,  met  at  Newtown,  St.  Mary's  County,  Oct.  13'!',  1802, 
viz.  Here  is  inserted  the  whole  of  the  said  14th  resolution  (supra,  N,  14?), 
We,  the  undersigned,  having  taken  into  serious  deliberation  and 
thoroughly  discussed  the  foregoing  subjects,  unanimously  agree  and 
declare  as  follows,  viz. : 

1?  That  the  union  of  the  College  and  Academy  aforesaid  is,  in  our 
opinion,  a  matter  of  the  utmost  importance  for  religion  in  the  United 
States.  Approval  of  the  project ;  the  committee  to  be  appointed  either  from 
the  Representatives  or  the  Select  Body  at  large;  their  agreement  with  a 
similar  committee  from,  St.  Sulpice  to  be  binding  on  both  sides,  without 
appeal. 

2°  Endorsement  in  detail  of  the  six  Articles,  referred  to  them  by  the 
seventh,  of  the  14th  resolution.  See  supra,  N,  14? 

Signed:  F.  X.  BKOSIUS.         LEWIS  BARTH.         STANISLAUS 
CERFOUMONT.      W5.1  PASQUET.      FRANCIS  BsESTON.43 

42  Plunkett  is  the  only  ex-Jesuit  here ;  and  he  had  been  such  before  the  Suppression. 

43  Beeston  is  the  only  ex- Jesuit  here. 


796  No.  175.     ST.   MARY'S  ACADEMY,    1803-1815  [V 

Md.-N.  Y.  Province  Archives,  No.  3,  Proceedings  of  the  Representatives, 
pp.  25-29,  circular  letter  of  Bolton,   secretary  of  the   Corporation,  Newtoivn, 

15  Oct.,  1802.     Ibid.,  pp.  30,  31,  ansiver  of  the  Middle  District,  Georgetown, 

16  Nov.,  1802.    Ibid.,  pp.  32-39,  answer  of  the  Upper  District,  Conewago  (Pa  ) 

17  Nov.,  1802. 

It  is  to  he  noted  that,  in  the,  conduct  of  the  Select  Body  now,  two 
District  meetings,  taken  as  they  occur  and  consisting  of  eleven 
active  members,  yield  two  ex- Jesuits  and  nine  who  had  never  "been 
Jesuits  ;  nor  did  the  two  ex- Jesuits  ever  re-enter  the  Order.  The 
whole  control  of  affairs  was,  by  the  mere  force  of  circumstances, 
passing  out  of  the  hands  of  the  ancient  body. 

That  Baltimore  Academy  which,  as  the  circular  noted,  had  given  rise  to 
a  persuasion  that  it  was  ruining  Georgetown,  is  sketched  with 
great  simplicity  by  M.  Tessier,  and  is  commented  on  with  no  less 
sincerity  by  Carroll  and  others. 

M.  Tessier,  in  his  memoirs,  sketches  the  course  of  events  up  to  the  present 
time : 44  the  coming  to  Georgetown  of  MM.  Flaget  and  Dubourg  ; 
the  retirement  of  the  latter  from  the  office  of  president,  and  the 
departure  of  both  for  Havana;  the  new  establishment  attempted 
there,  and  the  return  of  Dubourg  with  Spanish  scholars;  the 
admission  of  a  dozen  French  scholars  into  the  Seminary,  by  way 
of  helping  the  Spaniards  in  the  study  of  French  ;  the  increase  of 
numbers;  the  return  of  M.  Marechalfrom  Georgetown,  where  he 
had  taught  philosophy  for  a  year  (16  Aug.,  1802).  Soon  after 
this,  the  new  Board  of  Trustees,  Dr.  Carroll  being  a  member, 
sent  round  the  circular  letter  to  the  Select  Body,  conveying  the 
new  project  of  united  action  with  the  Sulpicians  (15  Oct.,  1802  ; 
supra,  0).  Marechal  and  others  left  for  France  in  the  following 
July,  1803 ;  and  the  responsibility  for  what  followed  devolves 
upon  the  enterprising  M.  Dubourg.  To  the  dismay  of  all,  the 
whole  detachment  of  Spanish  scholars,  excepting  only  four,  were 
ordered  off  from  Baltimore  by  their  civic  authorities,  and  carried 
away  to  Havana  in  a  corvette.  TJiis  disaster  happened  on  the 
20th  of  September,  1803.  The  condition  of  the  Seminary,  as 
being  involved  with  its  Academy,  seemed  desperate. 

Here,  under  the  spur  of  necessity,  the  great  step  was  taken,  after  the 
gentlemen  of  the  Seminary  had  pondered  the  matter  long  and 
maturely.  In  spite  of  "  the  other  Sulpicians," 45  says  Grassi, — 
notwithstanding  the  rigid  Sulpicians,  says  Carroll, — they  resolved 
to  open  their  doors  to  American  students.  M.  Tessier  does  allude 

44  No.  171,  A,  Epoques  du  SSminaire  du  Baltimore. 

45  No.  135,  A,  Prop.  4,  note  6. 


§  15]  No.  175,  B.    ST.   MARY'S  ACADEMY,    1803-1815  797 

to  what   might  possibly  be  thought  or  felt  at   Georgetown,  and 
what  "  ought  to  suffice  as  an  excuse  in  the  eyes  of  those  gentlemen" 

R.  1803,  September  20. 

M.  Tessier  on  the  opening  of  tlie  public  college  at  the  Seminary,  Baltimore. 
Tessier's  Memoirs,  20  Sept.,  180S.4G 

M.  Dubourg's  embarrassment.  He  proposed  returning  to  France,  especially 
as  the  Seminary  itself  should  have  to  return  soon.  Cependant,  apres  de 
longues  reflexions  sur  1'incertitude  du  gouvernement  actuel  de  France,  et 
sur  les  entraves  dans  lesquelles  1'education  publique  y  etait  retenue,  il  se 
resolut  a  retour  [de  I'Havanne  ?]  a  Baltimore.  Jusqu'  a  ce  jour  on  n'avait 
admis  a  1'academie  aucuu  sujet  du  pays  par  deference  pour  les  Messieurs 
du  college  de  Georgetown.  Mais  enfiu.  on  pensa  que  la  ndcessite  de 
soutenir  un  etablisseinent,  lequel  seul  pouvait  nous  mettre  en  etat  d'elever 
des  jeunes  gens  pour  1'eglise,47  devait  suflire  pour  nous  excuser  aux 
yeux  de  ces  Messieurs  ;  et  on  annonca  publiquement  qu'on  recevrait  les 
Americains  dans  1'academie  de  quelque  religion  qu'ils  fussent.  On  the 
25th  of  September,  a  colony  of  Trappists  arrived,  for  whom  they  found 
lodging  near  Gonewago  in  the  house  of  "  a  French  gentleman,  one  of  our 
friends,  Mr.  Harent,  who  had  returned  to  France  three  months  before."  * 

Georgetown  College   Transcripts,    Shea   papers,    1791-1828,    Epoques    du 
Se'minaire  du  Baltimore,  par  Mons.  Tessier  ;  a  copy,/.  8. 

This  Baltimore  College  was  the  fourth  enterprise,  in  which  M.  Dubourg 
now  exercised  his  talents:  Georgetown,  Havana,  the  Spanish 
school  in  the  Seminary,  and  this  general  public  school,  called  St. 
Mary's  College.  It  succeeded  for  a  time,  like  two  of  the  three 
gone  before  ;  and  it  ended  like  all  of  them.  As  Bishop  Carroll's 
sympathies  were  understood  to  be  engaged  in  this  new  departure?® 

46  No.  171,  A,  p.  766. 

47  This  was  an  original  function  of  Georgetown  College,  as  a  general   literary 
institzition.     Cf.  Nos.  170,  X,  note  36,  ad  fin. ;  178,  Gs,  ad  note  136.     The  "  necessity  " 
of  setting  up  another  establishment  for  the  same  purpose  would  have  been  plausible,  if 
there  were  question  of  establishing  a  preparatory  seminary.    But  such  the  new  college 
never  pretended  to  be.     Cf.  No.  171,  note  11.     And,  according  to  the  reflections  of 
Carroll  (infra,  U,  V)  and  of  L.  Neale  (infra,  S),  to  which  may  be  added  Grassi's 
description  of  Dubowg's  secular  enterprise  (No.  135,  A,  note  6),  it  was  Georgetown 
College  which  bore  at  tliis  time  the  air  of  a  preparatory  seminary,  and,  as  Carroll 
implied,  was   governed  on  the   principles  and  in  the   system  of   a  convent,  while 
Dubourg's  Academy  adopted  the  forms  of  advanced  laicism.     That   Carroll  was  in 
sympathy  with  the  new  undertaking  is  clear  enough  from  the  documents  U  and  V 
following,  as  well  as  from  No.  170,  X,  note  36. 

8  Cf.  No.  162,  M.  Card,  di  Pietro  writes  from  the  Propaganda  (13  July,  1805)  to 
Bishop  Carroll,  saying  that  the  Rev.  Joseph  Harent,  now  in  Lyons,  has  imparted 
information  about  the  progress  of  religion  in  the  United  States,  the  churches,  the 
Baltimore  cathedral,  M.  Nagot's  Sulpician  college  of  110  pupils,  a  seminary  with  twelve 
students,  etc. 

*•  Cf.  No.  171,  A,  1799,  Aug.  9.    However,  at  the*  time  when  M.  Emery  had  the 
intention  of  recalling  all  the  Sulpicians  from  America  to  France,  Carroll  wrote  to  him 


798  No.  175,  S,  T.     ST.    MARY^S  ACADEMY,    1803-1815  [V 

and  that  circumstance  more  than  probably  helped  to  arouse  the 
partial  antipathy  for  him,  which  became  traditional  in  the  new 
Jesuit  Mission  of  Maryland,  we  subjoin  a  short  series  of  documents 
to  complete  this  phase  of  the  history. 

1803-1815. 

Sequel  of  the  foregoing :  St.  Mary's  College,  Baltimore,  and  Georgetown 

College. 
S.  1803,  June  25. 

Bishop  L.  Nealc,  president  of  Georgetown  College,  25  June,  1808,  to 
Father  Marmaduke  Stone,  president  of  Stonijlmrst  College. 

Speaking  of  aggregation  to  Russia,  lie  says  :  We  are  reduced  to  a  very 
small  number  of  suitable  members.  The  gentlemen  of  St.  Sulpice  are 
ordered  back  to  France.  Some  have  already  departed,  others  are  on  the 
point  of  sailing.  Of  course,  the  Seminary  is  no  longer  calculated  on. 
The  school  of  boys  erected  there,  to  the  great  prejudice  of  George  Town 
College,  still  exists ;  but,  as  the  Spanish  youths,  their  chief  support,  are 
ordered  by  their  Government  to  return  immediately  to  their  native 
country,  it  must  naturally  fall  to  nothing.  Our  number  of  scholars  is 
very  small,  but  we  still  stand  in  the  critical  moment  of  trial.  Were  it 
the  will  of  Heaven  that  the  Society  be  speedily  re-established  here,  I 
should  be  happy  to  deliver  up  my  presidency  to  their  happyer  guidance. 
Notwithstanding  our  small  number  of  scholars,  we  have  a  respectable 
number  of  postulants  for  the  clerical  state ;  and,  had  we  but  funds  for  free 
places,  we  should  undoubtedly  be  able  to  supply  a  considerable  number  in 
a  moderate  time.  Hence,  as  this  must  be  our  grand  object,  you  will  be 
kind  enough  to  transmit  to  me  the  money  I  formerly  deposited  with  you, 
if  the  object  then  proposed  cannot  be  obtained.  .  .  .50 

T.  1803,  July  29. 

diaries  Sewall  (Maryland],  29  July,  1803,  to  Nicholas  Sewall,  England. 

Their  joy  in  Maryland  at  the  news  of  the  Society  having  been  restored  in 
England,  Father  Stone  being  Provincial.  Charles  Sewall  says,  he  will  not 
wait  very  long  before  he  applies  to  Stone  for  admission  into  the  Society.  The 
property,  and  the  College  of  Georgetown  to  be  made  over  and  placed  in  the 
hands  of  the  Society.51  I  am  sorry  to  inform  you,  that  the  College  of 
George  Town  does  not  flourish,  but  has  for  some  time  past  been  declining 
in  numbers,  character  and  reputation  ;  so  that  there  are  only  about  40 
boys  at  present ;  and  I  am  told  by  one,  who  is  better  acquainted  with  the 

that  he  would  allow  the  (Spanish- French)  College  at  Baltimore  to  continue  for  two  or 
three  years,  receiving  only  twenty-four  students  at  most,  after  which  time  only  clerical 
studies  must  be  pursued  at  St.  Mary's.  (Georgetown  College  Transcripts,  Shea 
abstracts,  1799-1802;  Carroll,  13  Feb.,  1801,  to  Emery.) 

50  TJiat  of  sending  over  masters  or  a  president  from  Stonyhurst. 

51  Cf.  No.  178,  G. 


§  15]  No.   175,  U,  V.     ST.   MARY'S  ACADEMY,    1803-1815  799 

College  than  I  am,  that  its  bad  success  is  owing  to  the  want  of  proper 
masters,  and  better  administration  in  sundry  points.  Tho'  the  gentleman, 
who  presides  at  present,  is  certainly  a  very  virtuous  and  zealous  bishop, 
yet  it  appears  that  something  is  wanting  to  give  satisfaction  to  parents, 
many  of  whom  have  withdrawn  their  children  and  sent  them  to  Protestant 
schools  and  academies.  We  are  so  few  in  number,  and  are  now  so  far 
advanced  in  years,  that,  unless  Mr.  Stone  will  be  pleased  to  send  us  a 
proper  superior  and  president  for  the  College,  to  say  nothing  of  some 
masters,  it  will,  I  fear,  come  to  nothing,  to  the  great  detriment  of  religion 
and  our  great  disgrace.  .  .  . 

U.  1808,  January  10. 

Carroll,  Baltimore,  10  Jan.,  1808,  to  Charles  Plowden. 

.  .  .  The  College  of  Georgetown  is  not  flourishing,  except  in  the  discipline 
and  piety  prevailing  there.  One  of  the  Sulpician  priests,  who  is  a  man  of 
very  pleasing  manners  and  towering  genius,  named  Dubourg,  has  formed 
a  college  in  this  town  ;  and,  being  aided  in  teaching  by  his  Brethren  and 
other  Frenchmen,  and  other[s]  of  various  accomplishments,  has  raised  it 
to  high  estimation,  notwithstanding  the  education  there  is  enormously 
expensive.  It  contains  far  more  Protestants  than  Catholics.  Some  of 
the  rigid  Sulpicians  shake  their  heads  at  this  (to  them)  seeming  departure 
from  their  Institute ;  but  I  believe  that  the  general  effect  will  be 
beneficial.  .  .  . 

V.  1808,  April  2. 

Carroll,  Baltimore,  3  April,  1808,  to  Father  William  Strickland,  London. 

On  the  great  promise  of  the  novitiate,  where,  amongst  the  scholastic  novices, 
are  some  young  men  of  brilliant  parts  (alluding,  no  doubt,  to  the  FemcicJcs). 
I  wish  I  could  say  as  much  of  the  College  of  Georgetown,  which  has  sunk 
lamentably  in  character  ;  and  no  wonder  it  should  ;  my  worthy  Coadjutor, 
Mr.  Leon.  Neale,  was  its  president  for  many  years,  and  his  brother  Francis 
his  right-hand  man.  You  know  that  the  latter  is  piety  and  virtue  itself, 
but  too  illiterate  to  have  any  share  in  the  direction  of  a  litterary  institution. 
The  bishop  likewise  was  deficient  in  polite  literature.  In  this  country,  the 
talents  of  the  president  are  the  gauge,  by  which  the  public  estimates  the 
excellence  or  deficiency  of  a  place  of  education  ;  to  which  must  be  added 
affability,  address  and  other  human  qualities,  for  which  neither  of  them 
is  conspicuous.  When  Bp.  Neale  resigned  his  station,  necessity  alone 
compelled  the  election  of  Mr.  Molyneux,  who  would  now  be  too  old  for  it, 
even  if  he  had  ever  possessed  sufficient  energy  and  activity.  Mr.  Kohlman 
is  said  to  possess  all  the  confidence  of  Mr.  Molyneux ;  and  this  will 
perhaps  be  a  benefit  to  the  College,  when  Mr.  Kohlman  has  become  more 
informed  of  the  customs  of  this  country,  and  understands  that  a  College, 
founded  like  that  of  G.  Town  for  the  education  of  youth  generally,  must 
not  be  governed  on  the  principles  and  in  the  system  of  a  convent.  .  .  . 


800  No.  175,  W-Y.     ST.    MARY'S  ACADEMY,    1803-1815  [V 

W.  1808,  June  19. 

Carroll,  Baltimore,  19  June,  1808,  to  (Molyneux,  president,  Georgetown). 

.  .  .  Mrs.  Seton,  the  mother  of  your  scholars,  arrived  at  Baltre  some  days 
ago,  and  will  proceed  to  G.  Town  with  Mr.  Hurley.  Domestic  difficulties, 
it  seems,  have  induced  her  to  leave  N.  York,  and,  I  presume  that  Mr. 
Dubourg,  when  he  was  there  last  Easter,  persuaded  her  with  his  promises 
of  protection  to  remove  to  this  city.  What  her  views  are  with  respect  to 
her  sons,  is  unknown  to  me  ;  I  hope,  not  to  bring  them  hither.  They  do 
so  well,  and  have  been  so  happy  with  you,  that  they  cannot  be  benefited 
by  being  brought  to  S.  Maiy's.  Their  mother  is  a  saint ;  if  therefore 
they  are  to  leave  you,  she  is  not  in  fault.  Her  embarrassments  of  fortune, 
and  the  suggestions  of  her  French  director  at  N".  Y.,  closely  connected 
with  Mr.  Dubourg,  may  have  induced  her  to  form  some  plan,  of  which  I 
shall  fear  bad  consequences,  if  carried  into  execution. 

I  am,  etc. 

X.  1808,  July  1. 

Carroll,  Baltimore,  i  July,  1808,  to  Molyneu,c.  Endorsed  upon  a  letter  to 
himself  from  Rev.  John  Bosseter,  Philadelphia,  29  June,  1808,  about  the 
presbytery  on  Willing  8  Alley. 

I  avail  myself  of  the  occasion  to  write  about  N.  York.  One  cause  of 
the  diminution  of  scholars  at  G.  Town,  and  their  flocking  to  Bait?  is, 
that  the  priests  of  Philad%  N.Y.,  and  Boston,  are  in  the  interests  of  St. 
Mary's,  and  nattered  by  the  civilities  of  the  Superiors  of  the  latter.  Is  it 
impossible  to  spare  for  N.  York  one  of  the  Fen  wicks  ?  Tho'  it  would 
derange  the  plan  adopted  for  them,  will  it  not  be  compensated  by  the 
footing  obtained  for  the  Society  in  that  flourishing  city  ?  There  will  be  a 
fine  opportunity  soon  to  effect  this. 

I  am,  etc. 

Y.  1810,  September  14. 

Father  Anthony  Kohlmann,  New  York,  14  Sept.,  1810,  to  Strickland, 
London. 

.  .  .  R.  Mr.  Dubourg,  a  Sulpician,  a  man  of  very  good  parts,  has 
established,  about  10  years  ago,  a  college  in  Baltimore,  with  the  approba- 
tion of  the  Bishop.  He  has  at  present  about  100  students.  He  has  5 
or  6  clergymen  of  his  Congregation  from  France  in  his  college.  His 
policy  is  to  make  much  s[tir  ?],  to  strike  thus  the  public,  in  which  he  has 
in  great  measure  succeeded].  I  am  informed,  however,  that  he  is  deep  in 
debt,52  and  that  the  reputation  of  his  college  is  much  decaying.  He 
undertook,  methinks,  too  much  and  above  his  means.  Some  of  his  teachers 
are  externs.  .  .  . 

52  Cf.  No.  135,  A,  Prop.  4,  note  6. 


§  15]  No.  175,  Z-C2.     ST.   MARY'S  ACADEMY,    1803-1815  801 

Z.  1812,  (January)  27. 

Carroll,  27  (Jan.'),  1812,  to  Plowden, 

.  .  .  On  the  new  dioceses,  and  the  English  Dominicans  in  Kentucky.5*  Too 
much  praise  cannot  be  given  by  rue  to  the  priests  of  St.  Sulpice  here  for  their 
zeal  and  sacrifices  to  the  public  cause.  They  now  maintain  and  educate 
at  their  own  expense  twenty-two  seminarians  for  the  ministry.  .  .  . 

A2.  1813,  December  12. 

Carroll,  12  Dec.,  1813,  to  Plowden. 

.  .  .  Mr.  Grassi  has  revived  the  College  of  Ge.  Town,  which  has 
received  great  improvement  in  the  number  of  students,  and  course  of 
studies.  His  predecessor  [Francis  Neale~\,  with  the  same  good  intentions, 
had  no  ability  for  his  station,  and  was  nominated  by  a  strange  com- 
bination. On  Father  Beschter,  and  his  novitiate.  Fr.  Kohlman,  with 
his  companions  at  N.  York,34  has  done  much  for  Re[Z/gr/o]n ;  and 
their  little  college55  would  do  well  too,  if  it  could  be  supp[Z/erf  w;]ith 
proper  teachers.  Mr.  Kohlman  is  unwilling  to  [rece]ive  any  but  the 
members  of  his  body  ;  and  these  are  too  few  to  supply  that  place  and 
Gr.  Town ;  so  that,  if  he  persist  in  his  resolution,  his  institution  must 
be  dissolved.  The  Seminary  here  of  S.  Sulpice  feels  now  the  effects  of 
departing  from  their  original  destination  and  the  spirit  of  their  Society, 
which  is  the  education  of  young  ecclesiastics  only.  They  would  go  on 
the  plan  of  forming  a  college  for  promiscuous  and  ornamental  education. 
A  priest  of  great  talent,  but  delighting  more  in  brilliancy  than  solidity, 
carried  it  on  with  much  apparent  success  and  splendor  for  a  few  years. 
But  the  consequence  was  an  enormous  debt,  which  has  almost  ruined  both 
College  and  Seminary — a  most  deplorable  event ;  for  truly  a  more 
exemplary  and  worthy  company  of  ecclesiastics  nowhere  exists.  .  .  . 

B-.  1815,  January  5. 

Carroll,  5  Jan.,  1815,  to  Plowden. 

.  .  .  The  flourishing  state  of  Stonyhurst  and  Hodder,  as  well  as  the 
new  establishment  in  Ireland,  has  spread  great  comfort  here  ;  ours  at 
George  town  is  much  improved,  and  comes  more  and  more  in  vogue.  It 
now  contains,  if  not  entirely,  nearly  one  hundred  pupils ;  which  number 
cannot  be  much  exceeded  without  additional  buildim 


IS- 


C'2. 1815,  January  25. 

Carroll,  25  Jan.,  1815,  to  Plowden. 

...  It  appears  to  me  not  improbable,  that  you  may  have  [seen]  or 
may  see  at  Stonyhurst  the  Rev.  Mr.  Win.  Dubourg,  Priest  of  St.  Sulpice, 

53  Cf.  No.  192,  F2. 

54  Benedict  Fenwick,  one  of  them. 

53  The  New  York  Literary  Institution. 


802  No.  175,  D",  E2.    SEMINARIAN  ACCOUNTS,   1803-1806  [V 

who  projected,  established  and  was  first  president  of  St.  Mary's  College, 
attached  to  the  Seminary  of  his  Society  in  Baltimore.  In  virtue  of  the 
power  vested  in  me  by  the  Holy  See,  I  appointed  him  to  take  charge  of 
the  vacant  diocess  of  Louisiana  four  or  five  years  ago,  and  have  long 
expected  to  hear  of  his  being  constituted  its  Bishop.  He  is  an  amiable 
man,  of  first-rate  abilities.  .  .  . 

English  Province  Archives,  port/olio  6,  f.  68,  L.  Ncale,  25  June,  1803,  to 
Stone.  Ibid.,  f.  78,  Carroll,  Baltimore,  10  Jan.,  1808,  to  Ploivden.  Ibid.,  f.  82, 
Carroll,  Baltimore,  2  Apr.,  1808,  to  Strickland.  Ibid.,  f.  99,  Kohlmann,  Neiv 
York,  14  Sept.,  1810,  to  Strickland.  Ibid.,  ff.  102",  103,  Carroll,  Baltimore, 
27  (Jan.,  P.O.  mark),  1812,  to  Plowden.  Ibid.,  f.  108,  same  to  same,  12  Dec., 
1813.  Ibid.,  f.  114,  same  to  same,  5  Jan.,  1815.  Ibid.,  f.  120,  same  to  same, 
25  Jan.,  1815.— Ibid.,  Letters  of  Fr.  Stone,  Sewall,  Connell,  ff.  147,  148, 
N.  Sewall,  Portico,  21  Oct.,  1803,  to  Stone,  transcribing  the  letter  of  his  brother, 
Charles,  (Maryland), 29  July,  1803.—Md.-N.Y.  Province  Archives,  1808,  June  19. 
Carroll,  Baltimore,  to  (Molyneux) ;  no  address  ;  4pp.  4to,  No.  82.  Ibid.,  1808, 
July  1,  same  to  same,  note,  9  lines,  endorsed  on  letter  of  John  Rosseter,  Phila- 
delphia, 29  June,  1808 ;  No.  83. 

Coinciding  with  the  close  of  the  dispute  between  the  two  Boards  (supra, 
A-N),  and  with  the  commencement  of  a  dual  system  in  secular 
colleges  (0-C2),  comes  the  matter  of  pecuniary  support  for  the 
clerical  candidates  at  Georgetown  and  Baltimore,  1808-1806, 
which  is  the  proper  subject  of  this  Number. 

The  maintenance  of  the  seminarians,  for  the  service  of  the  diocese, 
meant  their  board,  lodging,  and  instruction,  during  the  courses 
of  philosophy  and  theology.  Some  entries  from  the  agent's  cash- 
book,  and  from  Carroll's  correspondence  will  show  the  progress 
of  this  arrangement,  the  expenses  being  defrayed  by  the 
Corporation. 

D~.  1803-1805. 

Agent's  Cash-Book,  1 703-1806.     Extracts. 

1803,  Dec.  2.     By  cash  paid  Georgetown  College  to  account 

with  White  Marsh,  for  board  and  cloathing  of  Philo- 
sophers   $133.10 

1804,  Apr.  28.     By  cash  paid  the  College  for  board  of  the 

Philosophers $373.34 

1804,  Aug.  9.     By  cash  paid  the  College  on  account  of  board 

and    cloathing   of    Philosophers   and    Professors    of 

ditto $372.10  [001] 

1805,  Nov.  28.     By  cash  paid  Mr.  J.  Tessier  for  board,  etc., 

of  the  young  ecclesiastics  at  the  Seminary  .,      $400.00 

EJ.  1805,  November  7. 

Molyneux,  Superior,  S.J.,  St.  Thomas's  Manor,  "i  Nov.,  1805,  to  Francis 
Neale,  acjeni,  Georgetown. 


§  15]  No.  175,  F;,  G*.     SEMINARIAN  ACCOUNTS,    1803-1806  803 

...  I  wish  you  also  to  advise  with  the  President  of  the  College  con- 
cerning the  demand  of  the  Feiiwicks,  and  determine  what  can  be  done. 
It  was  so  regulated  that  such  Teachers,  while  I  was  at  the  College,  should 
be  allowed  £75  per  annum.  This  was  for  cloa thing  and  the  surplus  to 
enable  them  to  pay  their  board  at  the  Seminary  during  their  studies  there 
[i.e.  in  theology].  But  would  not  their  Father,  in  case  of  their  not  being 
promoted  to  Holy  Orders,  think  it  just  to  indemnify  us  for  that  expence, 
if  advanced  by  us  ?  ... 

F.  1805,  November  12. 

Carroll,  Baltimore,  12  Nov.,  1805,  to  Francis  Neale,  agent,  Georgetown. 

.  .  .  Let  me  once  more  earnestly  recommend  to  you  to  pay  up  the 
pensions  of  the  Seminarians.  This  next  year,  you  will  have  only  to  pay 
for  the  two  Messrs.  Fenwick.36  I  ana  ashamed  of  meeting  Mr.  Tessier.57  .  .  . 

G-.  1806,  May  23. 

Molyneux,  St.  Thomas's  Manor,  23  May,  1806,  to  Francis  Neale,  a/jent, 
Georgetoion. 

REV.  DEAR  SIR, 

I  have  two  letters  from  Bishop  Carroll  before  me,  one  12  May 
dated  Washington  City,  the  other  Baltimore,  D"  In  both  he  complains 
much  of  your  withholding  the  payment  of  the  boarding  of  the  two 
Fenwicks  at  the  Seminary,  and  much  more  of  the  manner  of  doing,  as 
tending  to  breed  a  spirit  of  disaffection  to  the  Society,  by  neglecting  the 
letters  of  Mr.  Tessier  agent  for  the  Seminary,  and  sending  back  his  orders 
with  the  uncivil  and  quite  unusual  indorsement  of  rejected,  without 
excuse  or  explanation — how  painful  to  the  Sulpicians,  how  ignominious  to  the 
Bishop,  who  had  given  "  assurances  to  them,  under  your  authority  and  that 
of  the  Corporation,  that  the  Fenwick's  board  should  be  paid  for.  How 
much  is  it  to  be  feared,  that  these  excellent  young  men,  finding  themselves 
so  treated  by  us,  will  lose  their  attachment  to  their  first  friends,  or  perhaps 
to  the  loss  of  their  vocation  itself  ?  I  cannot  conceive  how  Bishop  Neale, 
if  he  has  any  share  in  this  transaction,  can  fail  to  be  sensible  of  the  dis- 
affection he  is  exciting  towards  himself,  in  a  great  and  respectable  part  of 
the  clergy,  which  he  is  soon  to  govern.  On  this  business,  I  request  your 
immediate  attention."  (d) 

In  compliance  with  this  injunction,  I  hope,  Rev.  Dear  Sir,  that  you  by 
and  with  the  advise  of  your  Brother  the  Bishop,  will  take  lenient  measures 
to  heal  this  irritating  wound  by  applying  the  proper  soothing  balsam  of 
apology  for  the  past,  with  promise  of  payment  as  soon  as  it  may  be  in  your 
power.  .  .  . 

(d)  So  far  Bishop  Carroll  in  the  letter  quoted  by  Molyneux,  who  then  continues. 

56  Cf.  No.  171,  A,  p.  766,  Tessicr's  memoirs,  1805. 

ir  Ancntry  of  payment  is  given  supra,  D-,  for  2S  Nov.,  1805. 


804  No.  176.     PENSIONS  A.VD  AIDS,    1801,   1802  [V 

Md.-N.  Y.  Province  Archives,  Carton  DB,  Agent's  Cash-Book,  1793-1806, 
ff.  17,  19,  24;  a  fragment.  Ibid.,  1805,  Nov.  7,  Bob*  Molyneux,  S.J.,  St. 
'Thomas's  Manor,  to  Francis  Neale,  Georgetown,  forwarded  tJience  to  Port 
Tobacco ;  3  pp.  large  4to.  Ibid.,  1805,  Nov.  12,  Carroll,  Baltimore,  to  Francis 
Neale,  Georgetoivn,  2pp.  4to,  No.  62.  Ibid.,  1S06,  May  23,  Molyneux  to  same ; 
3  pp.  large  4to. 

These  last  three  letters  carry  us  up  to  the  period  of  the  restoration  and 
beyond,  when  on  the  21st  day  of  June,  1805,  the  Society  had 
been  reconstituted  in  a  private  manner  by  the  appointment  of 
Father  Robert  Molyneux  as  Superior.59 

Resuming  now  the  general  pensions  and  aids,  where  we  left  them  for 
1800,  we  shall  scan  the  last  period  between  the  old  Society  and 
the  new.  Thus  we  shall  have  covered  the  ground,  in  the  manage- 
ment of  temporalities,  for  one  hundred  and  forty  years  under 
the  ancient  Jesuits,  and  thirty-two  years  under  the  ex-Jesuits, 
with  not  a  feiv  anticipations  of  what  followed  in  the  sequel 
during  thirty-Jive  years  afterwards. 

No.  176.  1801,  1802. 

Pensions  and  aids,  1801,  1802  :  different  ways  of  receiving  gratuities 
from  the  Corporation.  M.  John  Dubois,  besides  being  appointed 
to  the  old  Jesuit  station  of  Frederick,  had  been  admitted  into  the 
Body  of  Select  Clergy,  with  Young  and  Mondesir,  9  Oct.,  1799. l 
He  had  thus  a  double  title  to  the  consideration  of  the  Trustees. 
A  letter  of  his,  conveying  a  proposal  about  certain  business,  will 
shoio  in  what  light  a  gentleman  of  this  kind  regarded  his  salary 
of  £50  per  annum,  which  had  been  the  recognized  alloiuance  to 
the  Frederick  pastor  for  some  thirty  years? 

A  resolution  had  indeed  been  passed  by  the  Representatives  (3  June, 
1795),  to  the  effect  that  the  pastor  should  obtain  his  support  from 
the  congregations  on  which  he  bestows  his  services,  agreeably 
to  the  directions  of  the  Bishop  in  his  pastoral  letter.3  This 
attempt  at  obtaining  local  maintenance  seems  to  have  been 
unavailing. 

In  the  proposal  which  he  makes,  M.  Dubois'  habit  of  mind  appears  to 
be  so  rare  that  we  shall  adduce,  in  connection  with  it,  a  specimen 
of  the  ordinary  type  of  clients,  that  of  a  Eev.  Mr.  Smith  at  Deer 
Creek,  some  fifteen  years  later. 

58  Georgetown  College  Transcripts,  Shea  papers,  1788-1805,  ff.  2",  3,  letters  of  Carroll, 
as  delegate  of  the  General,  appointing  Molyneux  Superior,  Baltimore,  21  and  27  June, 
1805.  See  No.  178,  H,  J. 

1  No.  173,  L. 

-  No.  91,  F. 

3  No.  173,  B,  13° 


§  15]  No.  176,  A.     PENSIONS  AND  AIDS,    1801,  1802  805 

A.  1798,  June  5. 

J.  Dubois,  Frederick,  98-6-5^,  to  tlie  Corporation. 

To  the  Reverend  Gentlemen  Trustees  of  the  Select  Clergy  of  Maryland. 

REV.  GENTLEMEN, 

After  the  greatest  exertions  and  personal  sacrifices  to  build  a 
Church  in  Fredericktown  for  a  very  numerous  but  very  poor  congregation, 
after  having  received  as  friendly  and  as  generous  a  support  as  that  con- 
gregation could  possibly  afford,  I  find  myself  under  the  necessity  not  only 
of  stopping  the  work,  but  of  seeing  many  of  my  first  expenses  rendered 
useless,  unless  a  last  effort  will  enable  me  to  put  that  building  in  a  state 
of  service  ;  if  I  cannot  compleat  it  entirely.  I  beg  leave  to  apply  to  you 
for  your  kind  support,  not  so  much  with  your  money  as  with  your  credit. 
You  have  allowed  to  the  clergyman  officiating  in  Fredericktown  the  sum 
of  fifty  pounds  yearly.  It  is  his  bread,  and  without  it  he  must  be  deprived 
of  many  necessaries  and  of  all  the  comforts  of  life,  at  least  in  the  present 
state  of  the  congregation.  But,  necessary  as  this  income  is  to  me,  I  am 
willing  to  undergo  all  the  privations,  which  must  be  the  consequence  of 
giving  it  up  to  the  building  of  my  church,  if  you  will  concurr  with  me  in 
granting  me  the  following  petition  :  that  you  will  authorise  your  treasurer 
to  borrow  the  sum  of  two  hundred  pounds  to  be  lent  to  me  for  the  use 
of  the  Church  in  Fredericktown,  the  principal  to  be  recovered  by  your 
treasurer  out  of  the  fifty  pounds  allotted  for  the  salary  of  the  officiating 
clergyman  in  Fredericktown,  and  the  interest  to  be  paid  by  me  every  year, 
in  proportion  as  the  principal  will  be  paid ;  that  is  to  say,  three  pounds 
for  the  1st  year,  six  for  the  second,  nine  for  the  third,  and  twelve  for  the 
fourth  ;  unless  I  should  become  able  to  discharge  the  whole  without  waiting 
for  my  salary,  which  might  be  the  case,  if  my  congregation's  ressources 
would  enable  them  hereafter  to  make  further  sacrifices.  Should  the 
Treasurer  not  find  any  money  to  borrow,  I  could  procure  it  from  our  parts. 

In  addition  to  this  response,  I  beg  you  would  give  me  leave  to  sell  a 
little  piece  of  ground  belonging  to  the  Church,  which  is  but  of  little  use  to 
the  clergyman,  and  the  money  of  which  being  applied  to  the  building  would 
contribute  much  more  effectually  to  the  advantage  of  religion,  and  even  to 
the  temporal  advantage  of  the  clergyman,  provided  such  reserves  should  be 
made,  as  to  prevent  any  building  from  being  raised  opposite  to  the  front  of 
the  Church  •  and  I  would  endeavour  to  sell  it  to  such  people  as  would  give 
me  a  chance  to  recover  it,  in  case  the  ressources  of  my  congregation  and 
mine  would  afford  us  the  means  of  doing  it.  It  is  about  one  acre  of  ground. 

Religion  promises  well  here.  Only  lialf  of  the  congregation  can  get  admit- 
tance into  the  present  place  of  worship.  Tlie  sects  divided  among  themselves, 
and  rather  inclined  to  attend  our  Church. 

I  am  with  great  respect,  Rev.  Gentlemen, 

Your  most  humble  and  obed-  serv- 

J.  DUBOIS. 


806  No.  176,  B,  C.     PENSIONS  AND   AIDS,    1801,   1802  [V 

B.  1801,  May  5. 

Proceedings  of  the  Corporation,  Newtoivn,  5  May,  1801. 

\°.  Resolved,  That  the  Rev.  Mr.  Dubois  be  authorized  to  borrow  the 
sum  of  £200,  for  which  he  is  to  pay  the  interest  as  it  becomes  due.  To 
discharge  the  capital,  the  agent  is  directed  to  retain  the  £50  annually, 
which  are  destined  for  Mr.  Dubois's  salary. 

Though  we  do  not  find  any  authorization  in  the  minutes  for  the  sale 
proposed,  still  it  seems  to  have  been  effected  to  the  Vincendiere 
ladies,  and  to  have  caused  Father  Mai  eve  and  the  Trustees  some 
trouble,  eighteen  years  afterwards.41 

To  the  courteous  manner  exhibited  by  Dubois  in  addressing  and  treating 
with  the  benevolent  Corporation,  we  append  at  once  a  sample 
of  the  ordinary  style  used  in  subsequent  years. 

C.  (1816),  September  27. 

Eev.  R.  Smith*  Seminary  of  Baltimore,  ,27  Sept.  (1816),  to  Rev.   Mr. 
Francis  Neale,  Georgetown  College,  Md. 

REV.  AND  DEAR  SIR, 

I  find  with  much  regret  that  you  are  very  slow  in  commencing 

the  building,  designed  as  a  residence  for  the  Priest  of  Harford.     You  have 

forgotten  us  ;  or  you  have  given   up  the  idea  of  undertaking  it.     I  am 

sorry  for  either.     If  a  multiplicity  of  business  prevent  you  from  taking 

this  into   consideration,  it  is  hard   that  we   should  suffer.     I  know,  Rev. 

Father,   that   you  are    overwhelmed  ;  but  perhaps  my  establishment   in 

Harford  for  the  good  of  religion  is  not  a  thing  of  small  importance.     I  can 

do  nothing.     I  have  neither  power  nor  means.     As  to  the  dependance  of 

the  trustees,  it  is  a  mere  bagatelle.     If  you  could  pay  us  a  visit,  it  would 

be  well.     If  you  could   come  for  the  purpose  of  making  a  beginning,  it 

would   be   still   better;  because   you   are  the  man  of  money.     If  your 

personal  assistance  cannot  be  had,  then  say,  that  I  may  depend  upon  the 

$800  in  your  hand,  and  the  money  in  the  hands  of  Mr.  Green  ;  and  we 

will  soon  have  a  house  built  near  the  church,  either  stone  or  frame.     I 

will  undertake  it ;  I  will  make  a  stir  among  the  people.     But,  if  you  will 

not  grant  us  the  means,  then  everything  may  stand  as  it  is,  and  go  to  rack, 

before  I  meddle  or  interfere.     We  have  waited  a  long  time  ;  I  hope  you 

will  not  put  our  patience  to  the  trial  any  longer. 

As  to  your  other  business  entrusted  for  transaction  to  Mr.  C.  Green, 
he  told  me  he  would  do  it  soon.  Some  one  in  Harford  told  me  to  inform 
you,  that  the  present  tenant  is  cutting  down  the  wood  and  carrying  it  off 
to  Baltimore. 

Please  to  inform  the  Arch-bishop,  that  the  year  for  which  I  had  my 

4  No.  91,  B-D. 

*  Cf.  No.  177,  F. 


§  15]  No.  176,  D-F.     PENSIONS  AND  AIDS,   1801,   1802  807 

faculties  will  soon  be  out  ;  and  I  wish  to  know  whether  he  intends  me  to 
continue  to  hold  them.     I  must  know  this  in  two  or  three  weeks.     With 

respect.  Rev.  Sir,  I  remain, 

Yours  etc.,(a) 

R.  SMITH. 

This  demand  of  Roger  Smith's  would  seem  to  have  been  based  on  the 
allowance  (/ranted  him  by  the  Corporation,  15  Feb.,  1816,  as 
given  above.6  As  to  M,  Dubois  at  Frederick,  the  subsequent 
relations  of  the  Corporation  with  the  pastor  at  Frederick  are 
shown  in  such  entries  as  the  following  : 

D.  1804-1811. 

Agent's  Cash-Book,  1793-1806.     Extracts. 

1804,  Nov^  5.  By  cash  paid  Rev.  Mr.  John  Dubois,  mis- 
sionary at  Frederick,  for  his  salary  for  the  year  1804  $133.34 

1811,  Feb.  16.  By  cash  paid  Rev  Mr.  Dubois,  for  15 

months'  salary  (omitted,  June  30,  1809) '  ..  ..  $166.67  8 

Md.-N.  T.  Province  Archives,  Bb,  Dubois,  Frederick,  5  June,  1798,  to  the 
Trustees;  4  pp.  fol.  Ibid.,  T.,  R.  Smith,  Seminary  of  Baltimore,  27  Sept. 
(1816),  to  Francis  Neale,  Georgetown.  Ibid.,  Proceedings  of  the  Corporation, 
5  May,  1801.  Ibid.,  Carton  DB,  Agent's  Cash-Book,  1793-1806,  f.  20. 

Tlic  accounts  comprise  some  funds  which  were  not  original  benefactions 
of  the  Board  or  the  Select  Body.  Tims  there  is  the  following 
one,  and  another  noted  infra  : 9 

E.  1801,  May  5. 

Proceedings  of  the  Corporation,  Newtown,  5  May,  1801. 

...  4?  Resolved,  That  the  petition  of  Mr.  Anthony  Hearn  for  funding 
the  sum  of  £200  in  the  Corporation  of  the  R.  C.  Clergy,  Maryland,  be 
granted :  and  the  board  engages  to  pay  annually  to  the  clergyman  serving 
at  West  Chester  in  Pennsylvania  the  legal  interest  of  £12  for  ever. 

F.  Same  date. 

Proceedings  of  tlie  Corporation,  5  May,  1801. 

...  7°  Resolved,  That  the  Rev.  Mr.  Peter  Jenkins's  annuity  of  £  1 0 
sterling  be  assumed  and  paid  by  the  Corporation. 

(a)  Sic. 

6  No.  88,  B ;  cf.  No.  180,  C. 

7  This  parenthesis  intimates  that  it  was  a  payment  of  arrears,  when  Dubois  ivas  no 
longer  at  Frederick. 

8  Compare  the  account  of  Dubois'  successor,  a  Jesuit : 

1813,  Jan.  1.    By  cash  paid  Eev.  Francis  Malev6,  part  of  his  salary,  from 

March  6th,  1812, $64.00 

(Md.-N.  Y.  Province  Archives,  carton  DB,  Agent's  Cash-Book,  1802-1820,  under  date.) 

9  No.  179,  A-C,  life-annuity  of  Eev.  John  Rosseter. 


808  No.  176,  G,  H.     PENSIONS  AND  AIDS,    1801,   1802  [V 

...  9?  That  the  expences  of  £100  for  the  Coadjutor's  consecration 
be  paid  by  the  agent,  as  soon  as  said  sum  can  be  spared  from  the  fund. 

Signed:  +  LEONARD  NEALE,    Bp.  of    Gortyna.     JAMES  WALTON. 
ROBERT  MOLYNEUX.    JOHN  ASHTON.     CHARLES  SEWALL. 

G.  1801,  November  3. 

Proceedings  of  the  Corporation,  St.  Thomas's  Manor,  3  Nov.,  1801. 

.  .  .  3°.  Resolved :  That  the  manager  of  the  Marsh  be  authorized  to 
pay  the  usual  salary  to  the  Rev.  Mr.  Vergnes,  untill  his  congregations  be 
served  from  the  Marsh. 

...  5°  That  the  Rev.  Mr.  Staunton  be  appointed,  with  the  approba- 
tion of  the  Bishop,  manager  of  that  part  of  Bohemia  estate,10  which  is 
allotted  for  the  support  of  the  clergyman,  who  serves  the  congregations  of 
said  residence. 

6°  That  the  Rev.  Mr.  Souge  be  and  is  hereby  appointed,  with  the 
approbation  of  the  Bishop,  to  succeed  the  Rev.  Mr.  Bolton  [ex-Jesuit]  in 
the  management  of  the  plantation  of  St.  Joseph  on  the  Eastern  Shore. 

.  .  .  12"  That  the  rents  arising  from  the  new  purchased  land  on  Deer 
Creek  be  applied  towards  paying  the  present  debts  of  the  estate  of  said 
place. 

.  .  .  Signed :  +  LEONARD   NEALE,    Coadjutor   of   Baltimore.     JAMES 
WALTON.    ROBERT  MOLYNEUX.    JOHN  ASHTON.    CHARLES  SEWALL. 

H.  1802,  October  13. 

Proceedings  of  the  Corporation,  Newtown,  IS  Oct.,  1802,  first  meeting 
at  which  the  Ordinary,  Dr.  Carroll,  sat  as  a  Trustee.  See  No.  175,  N. 

...  11°  Resolved,  that  the  Rev.  Mr.  Eden  be  requested  by  the  agent, 
before  the  next  meeting  of  the  Corporation,  to  make  a  statement  of  the 
services  now  performed  by  him,  and  of  the  compensation  he  receives 
therefor. 

12°.  Bitouzey  to  undertake  at  once  the  management  of  WJtite  Marsh,  the 
Bishop's  approbation  being  now  obtained.  See  No.  175,  N,  12° 

.  .  .  Signed :  +  J-  CARROLL,  Bishop  of  Baltimore.    +  LEONARD  NEALE, 
Bishop  of  Gortyna.     JOHN  BOLTON.     G.  B.  BITOUZEY. 

After  these  provisions  of  good  places  for  clergymen,  who  had  never  been 
Jesuits,  and  were  never  going  to  be  such,  we  need  add  only  a 
memorandum  of  the  agent's  about  the  annual  charges  at  this  time, 
which  fell  upon  the  public  fund  direct. 


10 


110  acres.     Cf.  No.  110,  F,  note  5. 


§  15]  No.  176,  J.     PENSIONS  AND  AIDS,    1801,   1802  809 

J.  1802,  December  5. 

Agent's  Cash-book,  1793-1806.      Note  prefixed  bij  the    Agent,  Francis 
Neale. 

1802  }  A  memorandum  of  annual  de  —  -  - 

Dec.  5.  j  paid  by  agent,  viz. 

To  Rev.  Mr.  Peter  Jenkins  an  annuity  of  £10  sterling 

from  August  1801 ;  in  currency  is  £16.13.4  ;  in  dollars  is  $44.44[  ?] 

To  Bishop  of  Baltimore              $800.00 

To  Directoriums  [viz.  Ordos]      ..            ..           ..            ..  $50.00 

To  interest  to  Bishop  Neale  due  on  Bond.   Paid         ..  16.00 


To  interest  to  Anthony  Hearn  due  on  bond  ..  ..          32.00 

To  clergyman  of  Frederick  Town         ..  ..  ..        133.3  -  - 

To  agent  of  the  Corporation      ..  ..  ..  ..          60.0  - 


To  agent  in  Cedar  Point  Neck  ..  ..  ..          30.0 

To  Rev.  Mr.  T.  Digges 80.- 

To  Rev.  Mr.  Jos.  Doyne  ..  ..  ..  ..          53.  - 


$1299.1  -  - 
[To  Rev.  Mr.  Jos.  Doyne?]        53.3-- 


1245.7  - 

Here  the  Jenkins'  life-annuity11  was  an  obligation  attached  to  a 
donation  of  £200  sunk  ivith  Bishop  Carroll  for  the  benefit  of 
Georgetown.  It  was  one  of  a  munificent  sum  of  benefactions 
which  he  had  received  when  he  went  to  England  for  his  con- 
secration.1'2 

TJie  bond  to  Bishop  Neale,  mentioned  in  the  same  memorandum,  seems 
to  be  for  a  loan  made  in  favour  of  Mill  Creek  Hundred, 
Delaware.13 

11  Supra,  F,  1°;  infra,  No.  181,  F. 

12  Other  gifts  were  noted  at  the  time  by  Bishop  Carroll:  Mr.  Gage,  £25  sterling ; 
Messrs.   Thomson,  Lane,  Bceston,  ten  guineas  each;  20  guineas  from  a  person  in- 
cognita ;  other  benefactors  to  the  amount  of  about  £85.     Mr.  Hoskins  added  something, 
and  was  engaging  Sir  John  Lawson's  kind  interest.     Father  Charles  Plowden  gave 
a  generous  benefaction.     All  the  names  of  donors  so  far  are  those  of  ex- Jesuits  at  the 
time.    A  capital  of  two  hundred  pounds  sterling  ceded  by  Fattier  Peter  Jenkins  was 
burdened  with  an  annuity.     Besides  the  ex-Jesuits,  Sir  John  Lawson  sent  ten  guineas ; 
Sir  John  Webb,  £30.  0.  0. ;  Mr.  Weld,  £50.  0.      Here  is  a  sum-total  of  benefactions 
from  England  alone  of  about  £500  sterling  in  1790,  with  other  gifts  following  later. 
(English  Province  Archives,  portf.  6,  f.  35,  Carroll,  2  Oct.,  1790,  to  Mr.  Peter  Jenkins, 
Market  Harborough,  Leicestershire.     Ibid.,  f.  40':  ,  Carroll,  2  Sept.,  1790,  to  C.  Plow- 
den,  about  a  handsome  donation  to  be  received  from  somebody  at  Bury,  on  condition, 
as  Father  Talbot  told  him,  that  lie  must  pay  a  visit  tJicre  himself. — Md.-N.  Y.  Pro- 
vince Archives,  1790,  Sept.  7,  13,  20,  27,  Oct.  4,  Carroll  to  Plowden,  Lullworth,  letters 
Nos.  28,  29,  30,  32,  33,  about  the  English  gifts  of  that  year.) 

13  No.  96,  B. 

VOL.    I.  3   G 


810  No.  177,  A-C.     PENSIONS  AND   AIDS,    1803-1805  [V 

Tlie  other  points  of  the  memorandum  are  clear  enough  from  what 
has  been  reported  already.  Father  Thomas  Digges  was  super- 
annuated. The  invalid  salary  of  Mr.  Doyne  is  subtracted 
because  of  his  death. 

Md.-N.  Y.  Province  Archives,  Proceedings  of  the  Corporation,  5  May,  1801 ; 
3  Nov.,  1801 ;  13  Oct.,  1802.  Ibid.,  carton  DB,  Agent's  Cash-Book,  1793-1806, 
memorandum  of  annual  disbursements,  prefixed  to  f.  1. 

No.  177.  1803-1805. 

Pensions  and  aids,  1803-1805.     Chiefly  to  Baltimore  and  the  bishops. 

A.  1803,  May  24. 

Proceedings  of  the  Corporation,  White  Marsh,  24  May,  1808. 

.  .  .  13?  As  there  is  happily  a  prospect  of  the  restoration  of  the  Society 
in  this  country,  the  resolutions  heretofore  made  respecting  that  con- 
tingency, shall  be  carried  into  effect  as  much  as  will  depend  on  this 
Corporation.  At  the  same  time  assurances  are  hereby  given  to  all  those 
who,  not  having  been  or  [not]  intending  to  be  of  the  Society,  have  never- 
theless been  associated  to  the  Select  Body  of  the  Clergy  of  Maryland  [!], 
that  they  will  be  entitled  to  their  rights  as  members  thereof  during  their 
natural  life,  and  as  long  as  they  conform  to  the  general  regulations  of  the 
Select  Clergy. 

...  15?  The  building  of  a  cathedral  church  being  a  concern  of  the 
whole  diocese,  the  Corporation  recommends  to  the  different  managers,  as 
well  as  individual  members  of  the  Select  Body,  to  promote  in  the  best 
manner  they  can  the  success  of  the  lottery  instituted  for  that  effect.1 

Signed :  +  J.  CARROLL,  Bishop  of   Baltimore.     -f  LEONARD   NEALE, 
Bishop  of  Gortyna.     G.  B.  BITOUZEY.- 

B.  1803,  1804. 

Agent's  Cash-Book,  1793-1806.     Extracts. 

1803,  Oct.    11.      By  cash   paid  the  Coadjutor  (as    assumed  by  the 
Corporation)  to  expences  in  his  consecration  3    ..  ..  ..      $266.67 

1804,  Oct.  29.     By  cash  paid    Rev.   Robert    Molyneux  in    the  pur- 
chase of  tickets  in  the  cathedral  lottery,  $60,  assumed  by  the  Corporation 
for  money  spent  in  Georgetown  College..  ..  ,.  ..        $60.00 

C.  1804,  April  25. 

Proceedings  of  the  Corporation,  White  Marsh,  ,'?-5  April,  1804. 

.  .  .  Resolved  :  1?  That  the  manager  of  St.  Inigo's  estate  is  directed 
to  pay  to  the  Rev.  M.  Durozey  the  annual  stipend  of  thirty  pounds,  to 
commence  from  the  first  day  of  the  current  year. 

1  Cf.  No.  93,  uld  St.  Peter's  and  the  Cathedral. 

-  Secretary  pro  tern.,  vice  tiolton  absent.      Walton  also  absent. 

3  Cf.  No.  176,  F,  99 


§   15]  No.  177,  D-F.     PENSIONS  AND  AIDS,    1803-1805  811 

.  .  .  6"  The  agent  is  hereby  directed  to  pay  150  dollars  towards  the 
necessary  repairs  of  the  house  and  stable  of  the  clergy  at  Baltimore.4 

.  .  .  8'.'  Also,  in  compliance  with  the  petition  of  the  said  Directors 
[of  Georgetown  College],  two  hundred  dollars  are  granted  annually  towards 
the  keeping  of  the  horses  of  the  R.  E.  Coadjutor  and  of  the  agent  of  the 
Corporation. 

.  .  .  Signed :  +  J-  Bishop  of  Baltimore.      +  LEONARD  NEALE,  Bishop 
of  Gortyna.    HENRY  PILE.    ROBERT  PLUNKKTT.    G.  B.  BITOUZEY. 

D.  1804,  November  28. 

Proceedings  of  the  Corporation,  Wltite  Marsh,  28  Nov.,  1804. 

...  5?  Resolved  that :  The  Rev.  William  Vergnes  having  petitioned 
to  be  admitted  into  the  Select  Body  of  the  R.  C.  Clergymen  of  Maryland, 
he  is  hereby  declared  a  member  of  the  said  body. 

Signed ;  -f  LEONARD  NEALE,  Bp.  of  Gortyna.  ROB.  PLUNKETT. 
HENRY  PILE.  G.  B.  BITOUZEY. 

E.  1805,  July  9-11. 

Proceedings  of  the  Corporation,  White  Marsh,  9-11  July,  1805. 

...  7?  Here  begin  the  negotiations,  in  the  interest  of  the  new  Baltimore 
cathedral,  about  alloiving  the  use  of  the  ground  occupied  by  old  St.  Peter's. 
See  Nos.  92-94,  the  full  history  of  these  negotiations,  ending  in  the  entire 
surrender  of  the  Jesuit  property. 

.  .  .  Signed  :  +  J.  Bishop  of  Baltimore.  +  LEONARD  NEALE,  Bishop 
of  Gortyna.  ROBERT  PLUNKETT.  G.  B.  BITOUZEY  [secretary  pro 
tern.,  vice  H.  Pile]. 

F.  1805,  October  3. 

Carroll,  Baltimore,  -!>  Oct.,  1806,  to  Francis  Neale,  Georgetown. 

.  .  .  Mr.  Smith,3  being  now  ordained  priest,  will  be  sent  to  Deer 
Creek  next  week.  You  have  received  the  price  of  the  Blacks  which 
belong  to  that  estate,  the  rent  of  Arabia  and  the  amount  of  sales.  Out 
of  this  fund  he  ought  to  be  provided  with  everything  necessary  for  rigging 
him  out.  The  stock  purchased  in  the  6  ,p  cents  is  bringing  an  interest ; 6 
and  with  some  money,  still  unexpended  for  that  purchase,  I  furnished 
Mr.  Smith  this  day  with  $100,  that  is,  one  hundred. 

Mr.  Moynihan  departed  to-day  for  Bohemia.  You  have  been  informed 
already,  that  all  had  been  done  there,  which  depended  on  me.  But  Jem's 
family  are  not  yet  disposed  of ;  tho'  purchasers  for  a  term  of  years  could 
be  had,  and  in  my  estimation  I  had  settled  that  term  and  its  correspondent 
price.  But  it  was  necessary  to  have  your  concurrence.  The  Ash  ton  litigation. 

4  At  old  St.  Peter's  Church. 
'  Cf.  No.  176,  G. 

0  This  is  an  investment  evidently  anterior  to  that  treated  of  in  connection  with 
Deer  Greek,  No.  87,  K. 


812  No.  177,  G.     PENSIONS  AND  AIDS,    1803-1805  [V 

Mr.  Fen  wick 7  and  I  were  surprised  and  mortified  to  learn  that,  in 
direct  contradiction  to  the  humane  decision  of  the  Corporation,  sales  of 
Negroes  for  life  have  been  made  and  are  making  from  the  estate  of 
White-Marsh.8  I  doubt  very  much  whether  such  sales  are  valid ;  and 
[J]  think  that  the  persons  sold  may  recover  by  law  their  absolute  freedom, 
leaving  on  the  Corporation  an  obligation  to  refund  the  purchase  money. 
I  am  very  respectfully,  Rev.  Sir, 

Your  most  obed.1  s' 

+  J.  Abp.  of  B? 
Bait6,  Ootf  3d  1805. 

At  this  time,  the  best  part  of  the  property,  including  no  less  than  six 
of  the  great  estates,  ran  the  imminent  risk  of  escheating  to  the 
State.  It  was  saved  by  the  second  legislative  act  (1806),9  con- 
firming the  original  charter.  Passing  over  a  resolution  already 
quoted,10  whereby  the  two  bishops  'were  made  a  committee  for 
obtaining  such  an  act,  as  well  as  other  resolutions  and  records 
about  tlu  heavy  expenses  of  lawyers,  etc.,  we  note  the  ordinary 
disbursements  of  the  agent,  Francis  Neale,  between  the  date  of 
his  succeeding  Father  Charles  Sewall  (IS  Oct.,  1802)  and  that 
at  which  we  have  arrived,  a  period  of  less  than  three  years. 

Gk  1805,  August  5. 

Proceedings  of  the  Corporation,  Georgetown,  5  Aug.,  1805. 

...  2?  The  two  Bishops  appointed  a  committee  for  procuring  the  act 
(1806). 

...  4?  The  Rev.  MM.  Plunkett  and  Bitouzey  being  chosen  a  com- 
mittee to  examine  the  agent's  accounts,  report  that,  when  the  Rev.  Fs. 
Neale  received  the  books  from  his  predecessor,  a  sum  of  two  thousand 
four  hundred  and  sixty-five  dollars  ($2465)  was  due ;  which  sum  has 
been  since  paid  unto  the  various  orders  of  this  Board,  together  with  all 
the  salaries  excepting  those  of  the  current  year ;  and  that  there  is  now  in 
his  hands  a  balance  of  $329. 

Signed:   -f-  J.  Bishop  of  Baltimore.     +  LEONARD  NEALE,  Bishop  of 
Gortyna.     HENRY  PILE.     ROBERT  PLUNKETT.     G.  B.  BITOUSEY. 

Md.-N.  Y.  Province  Archives,  Proceedings  of  the  Corporation,  24  May, 
1803;  25  Apr.,  1804;  28  Nov.,  1804;  9-11  July,  1805 ;  5  Aug.,  1805.  Ibid., 
carton  DB,  Agent's  Cash-Book,  1793-1806,  f.  16  (1803),  f.  19  (1804).  Ibid., 
letters,  1805,  Oct.  3,  Carroll,  Baltimore,  to  Francis  Neale,  Georgetown ;  3  pp. 
4to,  No.  61. — Baltimore  Diocesan  Archives,  D.  10,  vol.  22,  Carroll's  own 
draft,  of  Corporation  minutes,  9-11  July,  1805. 

'•  Benedict(?)  or  Enoch (?),  then  studying  theology  at  the  Seminary  of  Baltimore; 
or  perhaps  their  father. 

8  Bitouzey  was  noiv  manager  there. 
3  No.  165,  B. 
10  No.  165,  A. 


§  15]  No,  178.     CARROLL  AND  PACCANARISTS,    1800  813 

Thus,  including  the  annual  disbursements  n  for  two  years,  which,  since 
F.  Neales  appointment,  13  Oct.,  1802,  added  $2490  to  the  debt 
extinguished,  $24,65,  we  have  $l$5o  disbursed  in  less  than  three 
years  from  the  general  fund  alone.  Tlie  individual  estates  had 
their  own  charge  of  salaries  or  pensions  to  pay ; 12  and  they  were 
expected  to  yield  annually  a  surplus  of  income  to  the  general 
fund.  The  tide  of  beneficiary  appropriations  was  now  largely 
set  in  the  direction  of  new  men,  unconnected  with  the  Order. 

It  is  not  surprising  that  the  Ordinary  of  the  diocese  should  have  been 
anxious  to  find  a  place  at  the  Board.  During  the  thirteen 
years  of  Bishop  Carroll's  service,  from  the  time  of  his  election 
as  Trustee  in  1803  till  his  death  at  the  end  of  1815,  we  find 
that  he  was  the  most  assiduous  and  industrious  member  of  the 
Corporation;  its  president  sometimes,  though  no  provision 
appears  in  the  Constitution  for  such  a  post ;  constantly  a  com- 
mittee-man; sometimes  drawing  up  the  minutes,  autograph 
specimens  of  which  may  be  seen  in  the  diocesan  archives  of 
Baltimore ; 13  and  identifying  himself  with  all  the  operations 
of  the  Board. 

Since  the  last  meeting  (5  Aug.,  1805)  is  just  six  or  seven  weeks  after 
the  reconstitution  of  the  Society,  and  six  or  seven  weeks  before 
his  attempted  concordat  with  the  new  Superior,  Robert  Molyneux, 
we  give  now  his  vieivs  from  1800  to  1815  on  the  value  and 
meaning  which  Carroll  attached  to  the  Jesuit  tenure  of  all  the 
property. 

No.  178.  1800-1815. 

Carroll's  policy  with  regard  to  Jesuit  property :  a  concordat  pro- 
jected with  regard  to  ministerial  functions.  In  1800,  under 
date,  of  the,  Jf,tli  day  of  July,  the  Rev.  Abbe  Prince  Charles  de 
Broglie  and  the  Abbe  Rozavcn,  chief  members  of  the  Society  of 
the  Faith  of  Jesus,  commonly  called  Paccanarists,  offered  to  lend 
Dr.  Carroll  the  services  of  their  new  community  in  his  vast 

11  No.  176,  J. 

12  Cf.  No.  175,  H,  4? 

13  Cf.   Baltimore  Diocesan  Archives,  vol.  22,  D,  10,   Carroll's  original   draft  of 
the  Board  minutes  for  9-11  July,  1805,  4  pp.  4to ;  containing  resolutions  about  the 
threatened  escheat,  about  powers  of  attorney  for  Carroll  to  convey  Mountain  Prospect 
on  Little  Pipe  Creek  (No.  78,  E),  and  about  disposing  of  Poplar  Hill  or  the  Church 
Lots,  in  King's  Town,  Queen   Anne's  Co.  (cf.  No.  69,  C) ;   also  concerning  old  St. 
Peter's,  Baltimore  (No.  93,  B).     Cf.  ibid.,  22  D.  11 ,  Carroll's  original  draft  of  the 
Board  minutes  for  19  Oct.,  1814  (No.  179,  W),  2 pp.  fol.,wJierc  the  constantly  recurring 
question  of  slaves  is  treated,  wth  a  view  to  selling  them  for  the  relief  of  the  estates,  as 
had  been  voted  on  occasion  of  the  threatened  escheat. 


814  No.  178,  A,  E.     CARROLL   AND  PACCANARISTS,    1800  [V 

American,  diocese.  He  and  the  bishop-elect,  Leonard  Neale, 
answered  the  grateful  offer  ivith  cordiality.  Among  other  things, 
Carroll  alluded  to  the  Jesuit  properly  invested  in  Georgetown. 

A.  1800,  October  27. 

Carroll,  Georgetown,  27  Oct.,  1800,  to  PP.  de  Broglie  and  Eozaven,  left 
open  for  Fr.  William  Strickland  to  inspect.  Extract  translated  from  the  Latin. 

.  ,  .  3rd.  Men  or  women  can  live  in  community  life,  and  can  follow  a 
pious  and  holy  institute  and  manner  of  life,  without  any  legal  prejudice,  salvis 
legibus :  but  they  cannot  possess  anything  or  do  anything  legally,  juridice 
peragere,  in  the  name  of  the  community.  However,  this  difficulty  is  of  a  kind 
which  prudent  persons  can  easily  escape  or  surmount.  4th.  A  college  for  the 
education  of  youth  in  polite  letters  has  already  been  established  by  those 
priests  who,  having  been  of  the  Society  of  Jesus,  devoted  some  of  the  property 
of  the  extinct  Society  to  so  beneficent  an  object,  bona  aliqua  extinctae 
Societatis  in  tarn  salutare  opus  contulere.  It  now  stands  in  need  of  pro- 
fessors of  philosophy. 

B.  1800,  November  28. 

Joint  letter  of  seven  Maryland  ex-Jesuits,  dated  St.  Thomas's  Manor, 
38  Nov.,  1800,  to  Rev.  Marmaduke  Stone,  on  the  subject  of  uniting  with 
the  Society  of  the  Faith  of  Jesus,  or  Paceanarists. 

St.  Thomas's  Manor  near  Portobacco. 

Nov.  28,  1800. 

REV.  AND  DEAR  SIR, 

Knowing  your  desire  of  the  re-establishment  of  the  Society  of  J., 
and  of  our  being  one  day  reunited  as  Bretheren  under  the  Institute  of  our 
H  :  Founder,  St.  Ignatius,  we  address  you  on  this  important  subject. 

On  the  information  which  has  been  received  through  Bishop  Carroll,  from 
the  Rev.  Fathers  De  Broglie  and  Bozaven.  Also  the  paper  which  has  been 
communicated  to  them :  An  Account  of  the  establishment  of  the  Institute 
of  the  Faith  of  Jesus,  by  Father  Halnat,  one  of  the  first  companions  of 
Father  Paccanari.  Further  particulars  desired  from  Father  Stone ; 
especially  whether  the  English  ex-Jesuits  are  taking  steps  towards  a  union 
with  the  Paceanarists. 

We,  the  undersigned,  are  met  here  to  consider  on  this  important 
subject.  Our  other  Bretheren  have  not  been  able  to  attend ;  yet  we  have 
little  doubt  of  their  sincere  concurrence. 

Being  further  informed  that  our  Rt.  Rev.  Bishop  has  written  for 
three  or  four  members  of  this  Society,  and  his  Coadjutor  for  two  more 
to  come  over  to  America,  on  their  arrival  we  have  no  doubt  but  they  will 
meet  with  a  hearty  welcome  among  us,  and  everything  be  fully  adjusted, 
to  our  mutual  satisfaction. 

Ad    majorem    Dei   gloriam. 


§  i  Si  No.  178,  C,  D.     THE  SOCIETY  RESTORED,    1802-1805  815 

We  wish  you  to  communicate  the  above  to  the  RR.  FF.  De  Broglio  and 
Bozaven,  SS.S.F.J. 

With  much  respect  we  are,  Rev.  and  Dear  Sir, 

Your  affectionate  Bretheren  in  Xto. 

ROBERT  MOLYNEUX.  JOHN  BOLTON.  C?  SEWALL.  C.  NEALE.  JOSEPH 
DOYNE.  HENRY  PILE.  SYLVESTER  BOARMAN. 

Addressed :  The  Rev.  Mr.  Marmaduke  Stone.1 

C.  1800,  December  15. 

Carroll,  1-5  Dec.,  1800,  to  Charles  Plowden,  Stonyhurst. 

The  offer  made  him  by  the  Paccanarists ;  and  his  reply.  He  criticizes 
their  having  ingrafted  on  their  institute  an  Order  of  nuns.  He  wishes  to 
hear  of  their  progress  in  England.  Mr.  Stone,  to  whom  I  sent  my  best 
respects,  will  receive  a  letter  signed  by  some  of  our  Brethren,  amongst 
whom  is  D"."s  Doyne,  concerning  this  application  to  me  from  these  two 
delegates  of  the  Faith  of  Jesus.  They  (our  Brethren)  met  together, 
without  a  general  concert  of  the  rest  of  us,  and  full  of  zeal  for  the  re- 
establishment  of  the  Society  have  written,  as  if  that  happy  event  were 
already  effected  ;  and  I  have  since  seen  a  letter  from  one  of  those  who 
attended  that  meeting,  in  which  to  the  signature  of  his  name  he  adds  the 
words,  Soc.  J.  This  is  going  too  fast  for  one  who  subscribed  his  sub- 
mission to  the  destructive  Brief.-  .  .  . 

D.  1802,  August  30. 
Joint  letter  of  seven  Maryland  ex- Jesuits,  dated  Neiotown,  30  Aug.,  1802, 

to  Bishops  Carroll  and  L.  Neale,  on  reunion  with  the  Society  in  Russia. 

They  have  heard  that  the  Pope,  by  a  Bull,  has  allowed  the  reunion  of 
other  countries  to  the  Society  existing  in  Russia.3  Therefore  we  pray  our 
Rt.  Rev.  Bishop  of  Baltimore  and  the  Rt.  Rev.  Coadjutor  Bishop  of 
Gortyna  to  write  to  his  Reverence,  the  General  in  Russia,  in  our  behalf, 
informing  him  of  our  wish  to  be  reinstated ;  of  the  remains  of  our  Body 
here ;  of  the  property  once  belonging  to  the  Society  [to  be  handed  back]  in 
case  of  its  future  existence  in  this  country.  They  desire  to  have  an 
authentic  copy  of  the  said  Bull  transmitted,  that  we  may  be  readmitted 
into  the  Society  when  it  can  be  done  on  terms  consistent  with  the  said 
Bull.  They  ask  for  the  appointment  of  a  Visitor  or  Commissary  General, 
to  be  sent  either  from  Russia  or  England,  or  else  to  be  named  in  America. 

New  Town,  August  30th,  1802. 

C.  NEALE.  JAMES  WALTON.  JOHN  BOLTON.  IGNATIUS  BAKER 
BROOKE.  C.  SEWALL.  ROBERT  MOLYNEUX.  SYLVESTER 
BOARMAN. 

1  T}ie  letter  was  probably  never  forwarded  to  De  Broglic  and  Bozaven.  Father 
Stone,  having  received  it,  begins  on  the  next,  blank  page  a  complimentary  note,  dis- 
charging his  commission ;  but  he  breaks  off  in  the  middle  of  a  word. 

-  No.  141,  H. 

3  See  infra,  note  6. 


816  No.  178,  E.     THE  SOCIETY  RESTORED,    1802-1805  [V 

E.  1803,  April  25. 

Joint  letter  (to  Bishop  Carroll)  from,  applicants,  ex-Jesuit  or  otherwise, 
for  admission  into  the  Society  by  aggregation  to  Russia  ;  dated  Charles  and 
St.  Mary's  Counties,  25  Apr.,  1808. 

Having  heard  of  the  authority  vested  by  His  Holiness  in  Rev.  Father 
Gruber,  General  of  the  Society  of  Jesus  in  Russia,  to  extend  the  Society 
throughout  the  world,  and  of  his  Paternity's  request 4  to  be  informed  of  all 
particulars  concerning  old  members  who  desire  to  be  reunited,  as  ivell  as 
young  clerics  who  ivish  to  enter,  the  subscribers  submit  their  names  signed 
individually  by  ourselves,  as  postulants  desiring  to  enter  into  the  Society 
of  Jesus. 

Name  Age  Name  Age 


Rev.  Charles  Sewall,          59,  4th 

July,  1803 

Rev.  Robert  Molyneux,  -2 

Rev.  Sylvester  Boarman,  ^ 

Rev.  John  Bolton,  « 

Rev.  C.  Neale,  52,  10th 


Enoch  Fenwick,  23 

James  Spink,  21-3  [!] 
Benedict     Leonidas 

Sylvester  Eden,  20-3  [!] 

Benedict  Fenwick,  20-4  [!] 

Thomas  Poole,  27 


Oct.  1803           Josephus  Mobberly,  24 

Rev.  Ign.  B.  Brooke,       52,  25th  Francis  Beeston  52,  June 

Apl.  1803              (Sacerdos),  15th,  1803 

Rev.  Francis  Ignatius  Neale,  Gulielmus  Matthews 

Rev.  John  Du  Bois,                                         (Sacerdos),5  31 

Endorsed :  St.  Mary's  and  Charles  County. 

The  status  of  the  reviving  Society  at  this  time  was  determined  "by  several 
pontifical  acts,  among  which,  in  the  first  place,  came  the  Brief  for 
Russia,  7  Mar.,  1801.  By  this  act  the  existence  of  the  Order  as 
a  liody  was  legalized  in  Russia,  with  power  to  aggregate  members, 
and  the  Brief  of  Suppression  was  formally  repealed  to  this  effect. 
Then,  answering  the  General's  request  for  power  to  admit  foreign 
ex-Jesuits,  Card.  Consalvi,  Secretary  of  State  to  Pius  VII.,  sent 
information,  2  July,  1802,  to  Benvenuti,  Papal  agent  at  St. 
Petersburg,  that  the  Brief  did  not  prohibit  the  aggregation  of 
'members  who  lived  in  England  and  other  countries,  Catholic  or 
non-Catholic ;  for  otherwise  the  Society  "  could  not  endure  and  be 

4  This  information  was,  no  doubt,  derived  from  tJie  English  ex-Jesuits,  since  no 
direct  communication  had  as  yet  taken  place  between  America  and  Russia. 

5  The  first  six  wlio  sign  were  ex-Jesuits.     As  the  heading  and  the  endorsement 
show,  the  letter  was  sent  from  the  Southern  District.     The  other  names,  including  that 
of  Francis  Beeston,  ex-Jesuit,  were  probably  added  at  Georgetown  and  in  the  northern 
parts.     Cf.  infra,  G,  last  paragraph. 


§  15]  No.  178.     THE  SOCIETY  RESTORED,    1802-1805  817 

preserved." 6  Another  Brief  was  issued,  30  July,  1804,  extending 
to  the  two  Sicilies  the  provisions  already  made  for  Russia.  Besides 
other  considerations  moving  Pius  VII.  to  these  acts,  the  Russian 
Emperor  Paul  I.  and  King  Ferdinand  of  Naples  had  petitioned 
for  this  re-establishment  of  the  Society.  A  review  of  both  Briefs 
is  contained  in  the  Bull  of  general  restoration,  Sollicitudo  omnium 
ecclesiarum,  issued  at  a  later  date,  7  Aug.,  1811^.? 
In  the  answer  (13  Mar.,  1804)  which  the  General,  Father  Gabriel 
Gruber,  sent  to  the  letter  of  Bishops  Carroll  and  Neale  here 
following  (F),  reference  is  made  to  the  Brief  for  Russia  already 
published,  and  to  vivae  vocis  oracula  of  the  Pontiff,  including 
that  forwarded  to  the  General  by  Card.  Consalvi.8  Frequent 
intimations  of  the  Pope's  will  by  his  consent  to  measures,  his 
approbation,  resolution  of  difficulties,  etc.,  were  conveyed  in 
subsequent  years  to  the  General,  whether  through  his  procurator 
in  Italy,  Father  Angiolini,  or  through  the  Provincial,  Father 
Pignatclli,  or  in  documents  even  autograph,  sent  by  Pius  VII. 
himself.9  Little  or  no  reference  was  made  to  the  Propaganda  in 
all  these  proceedings.1® 

6  Excerptum  ex  episfcola  Emin.  Card.  Consalvi  Secret.  Status  data  ad  Abbatem 
Benvenuti,  negotiorum  Sa.e  Sedis  agentem,  Petropoli,  2  Julii,  anno  1802. 

"  Quod  attinet  ad  postulationem  factam  a  P?  Gruber,  ut  possint  corpori 
Jesuitarum  ibi  existentium  aggregari  multi  antiqui  Jesuitae,  qui  nunc  sunt  in 
Anglia  et  in  aliis  regionibus  acatholicis,  videtur  hoc  non  esse  prohibitum  per  Breve 
ipsi  concessurn.  Exprimitur  quidem  ibi,  Breve  hoc  valere  pro  solis  Statibus  Russiae  : 
id  tamen  nihil  aliud  significat,  nisi  quod  extra  hos  Status  non  possint  illi  aperire 
novos  Novitiatus,  nee  videtur  prohibiturn,  ne  individuuni  aliquod,  quod  invenitur  in 
aliis  locis  non  solurn  acath.  sed  etiam  Catholicis,  possit  aggregari  et  uniri  Societati  in 
illis  Statibus  existenti.  Hujusmodi  facultas  inhaerere  videtur  intime  concessioni 
ipsis  factae,  eo  quod  sine  ilia  facilitate  nullo  modo  Societas  durare  possit  et 
conservari."  To  the  words  of  the  Cardinal :  nisi  quod  .  .  .  non  possint  illi  aperire 
novos  Novitiatus,  the  General  in  his  copy  appends  the  note  :  Intelligendum  hoc  de 
Novitiatibus  cum  omni  forinalitate,  publicis,  cum  habitu  Societatis,  et  a  Gubernio 
recognitis.  (English  Province  Archives,  folio  vol.,  Some  Letters  of  V.  R.  Fr. 
General,  &c.,  from  1783,  /.  110,  T.  Brzozowski,  St.  Petersburg,  23  Oct.,  1807,  to 
Strickland.) 

1  Cf.  F.  J.  Hernaez,  Coleccion  de  Bulas,  Breves  y  otros  documeutos  relatives  a  la 
Iglesia  de  America  y  Filippinas,  i.  690-696,  the  text  of  the  three  documents  mentioned. 
— Juris  Pontificii  de  Propaganda  Fide  Pars  Prima  (B.  de  Martinis),  iv.  520-522,  the 
text  of  the  Bull,  Sollicitudo. 

8  General   Archives   S.J.,   Epist.   Vic.  Gen.   in   Russia,  1802-8,  13  Mar.,  N.S., 
1804. — Md.-N.  Y.  Province  Archives,  12  May,  1804 ;  original  differing  from  the  draft 
in  the  Register,  but  the  same  in  substance. 

9  Cf.  No.  192,  K,  note  23  ;  N,  note  30. 

10  Cf.  infra,  D2,  note  68.     On  the  contrary,  the  Sacred  Congregation,  using  its 
ordinary  authority  and  only  the  official  data  comrmmicated  to  it,  issued  documents  in 
a  sense  quite  different  from  that  of  the  Pope's  private  utterances,  or  vivae  vocis  oracula. 
These  rescripts  or  answers  of  the  Propaganda  recur  in  English,  Irish,  and  American 
affairs,  and  they  are  treated  in  the  correspondence  of  the  General,  Father  Thaddeus 
Brzozowski.     Cf.  No.  221,  B,  ad  note  4,  Card.  Borgia's  rescript,  24  Feb.,  1804 ;  and 
No.  214,  H,  note  17,  GradwelVs  reference  to  instructions  .  .  .  from  the  H.  See  to  the 
English  Vicars  Apostolic.     An  ambiguous  divergence  siibsistcd  between  the  public  and 


818  No.  178,  F.     THE  SOCIETY  RESTORED,    1802-1805  [V 

In  the  one  letter,  which  was  addressed  by  Carroll  and  L.  Neale  to  the 
General,  Father  Gruber,  and  to  which,  after  duplicates  had  been 
sent  from  both  sides,  a  reply  came  to  hand  from  Father  Thaddeus 
BrzozowsTd,  Gruber's  successor,  there  are  a  few  lines  upon  the 
subject  of  the  old  Jesuit  property?1 

The  passage  states,  that  the  property  of  the  old  Society  suffices  now  for 
the  maintenance  of  thirty  Jesuits,  and  that  some  portion  has 
been  used  in  the  construction  of  Georgetown  College.^  Another 
observation  touches  the  fidelity  of  religious  men,  in  whose  names 
individually  sacred  property  is  legally  invested. 

In  the  petition  for  restoration,  there  is  a  significant  declaration,  that 
what  is  wanted  is  not  any  idle  form  of  the  old  Society  without 
its  substance,  but  the  "  genuine  "  body  itself,  with  its  own  form 
of  government  and  its  own  proper  spirit. 

F.  1803,  May  25. 

Bishops  Carroll  and  Leonard  Neale,  Baltimore,  25  May,  1808,  to  Father 
General  Gabriel  Gruber,  in  White  Russia. 

.  .  .  Uncle  plerique  [eorum  qui  aliquando  Socii  fuerant]  ardenti  studio 
rogant,  ut  votis  denuo  renovatis,  quae  Deo  in  Societate  voverant,  cursum 
suum  in  ejusdem  grernio  consummare  ipsis  concedatur,  et  si  per  Divinam 
Voluntatem  fieri  possit  reliqua  vitae  suae  spatia  in  redintegranda  apud 
nos  Societate  iinpendere. 

Scit  Paternitas  Tua,  quid,  quantumque  in  hunc  finem  conferendum 
sit,  ut  non  larva  aliqua  pristinae  Societatis,  sed  ejus  ipsa  forma  genuina, 
ipsum  in  omnibus  regimen,  ipse  denique  spiritus  proprius  reviviscat.13  .  .  . 

canonical  existence  of  the  Jesuits  in  Russia  on  tlie  one  Jiand,  and,  on  the  other,  the 
valid  but  private  aggregation  to  the  same  of  members  outside  of  that  empire.  As  the 
bishops  were  bound  to  obey  the  Propaganda  (cf.  No.  192,  C%  P.S.),  Carroll  found  him- 
self in  a  state  of  embarrassment  as  years  went  on,  and  the  Pope's  imprisonment  at 
Savona  prolonged  the  difficulty.  In  his  correspondence,  Carroll  criticizes  the  process 
of  reconstruction  by  vivae  vocis  oracula,  without  public  acts  to  correspond  (cf.  Nos.  178, 
U2 ;  179,  M) ;  and,  while  endeavouring  to  improve  the  situation,  he  purposely  avoids 
tli&  Propaganda  (cf.  No.  178,  O2,  note  83).  All  this  is  seen  in  the  following  series  of 
documents,  as  far  as  their  purpose  requires. 

11  Cf.  No.  113,  B. 

12  Cf.  supra,  A. 

13  Carroll's  insistence  here  upon  the  revived  Society  assuming  its  own  genuine  form 
and  no  other  may  have  been  accentuated  by  the  recent  experience  with  the  Paccanarists, 
an  unauthorized  pseudo- Society  of  Jesus.     But  an  earlier  manuscript  of  his,  belonging 
to  1795,  dilates  upon  the  same  subject.     We  have  it  in  two  fragments,  partly  autograph, 
partly  a  Shea  copy.     His  autograph  begins :  I  have  devoted  much  time  to  the  con- 
sideration of  the  subject  recommended  to  me  by  some  of  our  Brethren  whom  I  greatly 
respect,  and  latterly  by  the  Trustees  who  were  assembled  at  the  Marsh,  1795.     This 
subject  is  an  application  to  His  Holiness  for  a  re-establishment  of  the  Society  in  the 
United  States.    First,  the  precautions  necessary  in  approaching  the  subject.    Secondly, 
though  it  is  so  desirable  a  measure,  yet  I  am  far  from  an  intimate  conviction,  that 
any  considerable  advantage  would  be  derived  from  the  reappearance  of  the  Society 
with  a  mutilated  and  defective  Constitution,  instead  of  that  one,  compleat  in  all  its 


§   15]  No.  178,  G.     THE  SOCIETY  RESTORED,    1802-1805  819 

Quae  borui  ad  Societatem  spectabant,  ut  plurimuni  conservantur, 
sufficiuntque  triginta  Sociis  alendis.  Ex  iis  bonis,  post  extinctam 
Societatem,  aliqua  collata  sunt  ad  extruendum  Collegium  satis  amplum 
pro  juventute  in  bonis  litteris  educanda.  Pius  VI,  ubi  proprium 
Episcopum  his  terris  concedere  statuit,  et  deinceps  etiam  tanquam  Coadju- 
torem  cum  jure  successionis,  utrumque  ex  Societate  assumpsit. 

In  hac  Republica  aequali  libertate  gaudent  cujusvis  sectae  homines. 
Nihil  prohibet  quominus  Regulares  suo  ritu  vivant,  dummodo  legibus 
civilibus  pareant.  Communitatis  tainen  nomine  abstinendum  est  in  con- 
tractibus  cujusvis  generis.  Quaecumque  possident  viri  religiosi,  ad  singulos 
homines  spectare  censentur.  Et,  si  quis  eorum  jugum  religionis  excusserit, 
impune  in  hoc  saeculo  faciet ;  nihil  opis  adferet  brachium  saeculare  ad 
eum  in  ordinem  redigendum. 

Haec  sunt  quae  nostri  confratres  suo  nomine  exponi  cupiunt,  nosque 
magno  studio  Deum  Optimum  Maximum  precamur,  ut  renovandae 
Societatis  spes  et  initiurn  aliquod  inde  nascatur.  Teque  sospitem  et 
incolumem  tanto  operi  perficiendo  conservet. 

Adm.  Reverende  Pater,  Paternitatis  Tuae 
Servi  et  Filii  obsequentissimi, 

+  JOANNES,      Episcopus     Baltimorensis.       -f-  LEONARDUS      NEALE, 
Episcopus  Gortynensis,  Coadjutor  RT  Ep!  Baltimor? 

G.  1803,  July  29. 

Charles  Sewall,  29  July,  1803,  to  his  brother,  Father  Nicholas  Seivall, 
Portico,  England.  Quoted  by  Nicholas  in  a  letter,  21  Oct.,  1803,  to  Father 
Stone. 

About  re-entering  the  Society,  either  by  attaching  themselves  to  the 
English  Province  now  reconstituted,  or  by  waiting  a  while  for  the  General's 
directions  in  answer  to  the  above  letter  of  the  bishops.  On  the  re-establish- 
ment of  the  Society  here,  all  the  property  which  once  belonged  to  it  will 
again  be  restored  and  made  over  to  it,  according  to  law.  Tho'  the 
College  of  George  Town  was  built  since  the  dissolution  of  the  Society, 
yet  this  also  will  be  made  over  to  the  Society,  as  it  was  built  chiefly  with 
our  own  property.  On  Georgetoivn  College.^ 

parts,  by  which  the  Jesuits  were  formerly  governed.  Indeed,  I  should  have  fears 
that  such  a  restitution  might  be  of  prejudice  by  preventing  a  full  and  entire  one,  in 
Bome  later  period.  The  jealousies  aroused  by  the  Society's  constitution,  and  'mis- 
representations of  it.  Now,  if  for  the  sake  of  obtaining  any  kind  of  re-establishment 
we  would  submit  to  a  breach  of  the  integrity  of  the  Constitution,  a  precedent  would 
be  obtained  for  never  restoring  the  body  in  its  original  form.  The  two  great  hinges 
on  which  the  government  of  the  Society  turned  were  unity  of  legislation  and 
unity  of  the  executive  power.  Development  of  these  points  in  the  rest  of  the 
autograph,  and  in  the  Shea  copy,  which  latter  continues  with  a  discussion  of  plans  for 
aggregation  to  the  Russian  Province.  (Baltimore  Diocesan  Archives,  9,  J,  Carroll's 
autograph,  without  any  title  ;  2  pp.  4to.— Georgetown  College  Transcripts,  "  1783,"  a 
Sliea  copy,  entitled  :  Imperfect  manuscript  of  Dr.  Carroll  on  the  Restoration  of  the 
Society  of  J. ;  4  pp.  fol.) 
14  No.  175,  T. 


820  No.  178,  H.     THE  SOCIETY  RESTORED,    1802-1805  [V 

As  Mr.  Stone  may  wish  to  know  the  names  of  those,  who  as  peti- 
tioners have  already  been  sent  by  our  Bishops  to  the  General,  they  are 
these.  In  St.  Mary's  County,  R.  R.  Messrs.  Robert  Molyneux,  John 
Bolton,  Sylvester  Boarman,  Aloysius  [Ignatius]  B.  Brooke  :  in  Charles 
County,  Rev.  Charles  Neale  and  C.  Sewall ;  in  the  College,  Rev.  Fran. 
Neale,  and  6  or  7  students,  who  have  received  the  tonsure  ;  at  Baltimore, 
Rev.  R  Beeston ;  in  Frederic  County  and  Pennsylvania,  Rev.  Messrs. 
John  Dubois,  and  Lewis  Earth,  worthy  missioners,  who  never  were  Jesuits  ; 
at  Conewago  in  Pennsylvania,  I  suppose  Rev.  Mr.  Brosius  has  petitioned.1" 

H.  1805,  June  21. 

Carroll,  Baltimore,  21  June,  1805,  to  Molyneux,  appointing  him  Superior 
of  the  new  Jesuit  Mission,  in  virtue  of  powers  received  from  the  General  in 
Russia. 

Baltimore,  June  2 1,15  1805. 

REV.  AND  DEAR  SIR, 

You  know  the  purport  of  the  letter,  which  I  received  from  the 
very  Rev.  Fr.  Gabriel  Gruber,  Gen!  of  the  Society  in  Russia.1"  Messrs. 
Bolton  and  Brooke  have  likewise  informed  you  of  the  proceedings  had 
thereupon  at  St.  Thomas's.  To  give  life  and  vigor  to  the  measures 
recommended  by  the  Gen!,  it  seemed  necessary  to  begin  with  that  exercise 
of  power,  with  which  I  was  entrusted  by  his  Paternity  ;  that  is,  the 
appointment  of  a  Superior,  to  be  one  of  the  former  body  of  the  Society, 
and  a  candidate  for  readmission.  His  authority  will  last  till  the  General's 
will  be  further  declared.  I  am  therefore  now  to  make  known  to  you,  that 
you  are  appointed  to  that  office ;  and,  as  no  special  form  of  appointment 
was  made  use  of  by  the  General  in  delegating  to  me  his  power  for  nomi- 
nating a  Superior,  I  am  to  presume  that  nothing  more  than  this 
notification  is  requisite  to  invest  you  for  the  present  with  all  the  rights 
and  privileges,  power  and  authority,  wherewith  the  Provincials  of  the 
Society  were  formerly  invested  ;  which  rights,  power  and  authority  are  to 
appertain  to  you,  till  the  Gen!  shall  otherwise  ordain.  Of  this  appoint- 
ment notice  will  be  sent  hence  to  George  Town  and  S.  Thomas's.  You 
will  cause  this  letter  to  be  read  to  those,  who  desire  to  belong  to  the 
Society  in  St.  Mary's  County. 

That  God  may  bless  this  attempt  to  restore  the  Society  in  the  United 
States,  and  all  your  labours  to  effect  it,  is  the  earnest  prayer  of, 

Rev.  Sir, 

Your  most  obed'  Sl 

+  J.  BishP  of  Baltrf 

(a)  End  of  extract  from  diaries  Sewall  s  letter  in  copy  by  Nicholas  for  Father  Stone. 

15  This  is  the  feast  day  of  the  Jesiiil  Saint,  Aloysius  Gonzaga. 

16  Dated,  in  the  General's  Register,  13  Mar.,  N.S.,  1804;  in  the  original,  Md.-N.Y. 
Province  Archives,  12  May,  1804. 


§  1 5]  No.  178,  J.     THE  SOCIETY  RESTORED,    1802-1805  821 

P.S.  Tho'  I  cannot,  and  ought  not  to  interfere  more  than  the  General's 
letter  authorises  in  the  interior  administration  of  the  Society,  when  once 
a  Superior  is  constituted,  yet  Bishops  and  the  Jesuits  will,  I  trust,  ever 
be  convinced  that  the  interests  of  religion  require  from  the  former  a  con- 
fidence in  the  wisdom  of  the  provisions  made  by  the  Constitutions  of  St. 
Ignatius,  for  conducting  the  faithful  in  the  true  spirit  of  Christianity,  and 
for  regulating  and  governing  the  members  of  the  Society  as  to  their 
domestic  discipline,  without  the  Bishop's  interference  further  than  by 
stating  to  the  Sup"  and  requiring  from  him  to  provide  for  and  correct 
any  notorious  departure  from  that  discipline.  But  the  Bishop  must 
always  retain  over  Jesuits  and  other  regulars,  employed  in  the  public 
ministry,  as  to  their  continuance  in  and  manner  of  performing  it,  the 
same  authority  as  over  secular  priests. 

On  the  other  side,  I  doubt  not  but  that  those  of  the  Society  will  be 
always  convinced,  that  their  happiness  and  duty  require  them  to  live  in 
concert  with  their  Bishops,  and  to  show  respect  for  and  due  obedience  to 
them  in  the  due  exercise  of  their  pastoral  office,  and  furnish  an  example 
of  submission  to  all  other  clergymen,  regular  and  secular.  By  such 
conduct  the  Society  will  enjoy  peace  at  home,  and  confidence  and  esteem 
abroad,  and  be  enabled  to  promote  more  and  more  the  service  of  God.17 

J.  1805,  June  27. 

Carroll,  Baltimore,  21  June,  1805.  Letters  patent,  supplying  the  deficiency 
in  the  former  letter  (H),  and  stating  more  accurately  the  limited  authority 
conveyed  to  Molyneux.1*  Shea's  copy. 

Ego  infrascriptus,  ex  facultate  mihi  concessa  ab  Adm.  Rev.  Gabriele 
Gruber,  Praeposito  Gen.  Soc.  J.,  nomino  et  constituo  R.  Dom.  Rob. 
Molyneux  ejusdem  renascentis  Soc.  Superiorem  per  foederatae  Americae 
regiones,  ita  ut  praedictus  P.  Rob.  M.  post  renovata  pristina  vota  Rel. 
in  Soc.  J.,  juxta  modum  ab  Adm.  Rev.  P.  G.  praescriptum,  habeat  et 
exercere  valeat  omnem  illam  auctoritatern  quae  necessaria  sit,  tam  respectu 
Novitiorum,  quam  pro  regenda  memorata  Societate.  In  quorum  fidem 


has  litteras  consueto  sigillo  munivi.111 


Bait6  hac  27  Junii,  1805. 


17  Cf.  No.  116,  E,  note  32.     This  P.S.  is  the  third  among  four  Extracts,  copied  by 
Marechal's  own  hand,  and  communicated  to  the  General,  Father  Fortis  (1822),  since 
we  find  the  paper  in  the  General  Archives  S.J.,  though  without  signature  or  date 
(Maryl.  Epist.,6,  i.  ;  4  pp.  4to).     The  last  sentence  of  tlie  first  paragraph  in  this  P.S. 
is  underlined  in  MarechaVs  copy :    But   the  Bishop  ...  as  over   secular  priests. 
\\Hiat  special  significance,  or  bearing  on  his  controversy,  Marcchal  saw  in  this  point  of 
common  law,  may  be  gathered  from  his  claim  to  jurisdiction  over  the  Jesuits  as  if  they 
were  secular  priests  (No.  135,  B-Q),  at  a  time  (1822)  when  fliey  were  canonically 
regulars — a  contention  excluded  by  Carroll  in  the  words  of  the  extract  itself,  where,  at 
a  time  (1805)  when  the  ex- Jesuits  were  not  yet  canonically  re-established,  lie  distinguishes 
them  already,  Jesuits  and  other  regulars,  from  secular  priests. 

18  Cf.  No.  118,  note  26.     The  General's  patents  to  Molyneux,  22  Feb.,  1806,  con- 
veyed to  him  the  powers  of  a  Rector. 

19  On  this  re-establishment  of  the  Society  in  America  the  Abbe  Gamier,  S.S.,  then 
in  France,  conveyed  his  compliments  to  Bishop  Carroll  in  the  following  elegant  terms : 


822  No.  178,  K.     THE  SOCIETY  RESTORED,    1802-1805  [V 

K.  (1805,  August.) 

Carroll  (August,  1805),  to  the  Rev.  Mr.  Stone,  Stonyhurst.  On  the 
present  stains  and  the  prospects.  The  possible  abdication  of  the  two  ex- Jesuit 
bishops. 

The  late  proceedings.  Carroll  has  appointed  Rev.  Mr.  Molyneux 
Superior  for  the  present.  Among  the  applicants  who  have  never  been  Jesuits, 
lie  commends  one,  without  naming  him,  who  is  likely  to  be  a  virtuous  and 
prudent,  tho'  not  a  learned  Superior.20  He  himself  and  Bishop  Neale  are 
considering,  whether  they  should  imitate  the  example  of  the  Bishop  of  Verona 
(Mgr.  Avogadro),  resign  their  dignities,  and  resume  their  former  state.  Into 
whose  hands  could  the  diocese  be  committed,  who  would  not  perhaps 
thwart  the  establishment  of  the  Society,  and  oppose  a  reinvestment  in  it 
of  the  property  formerly  possessed,  and  still  so  providentially  retained  ? 
These  considerations  have  hitherto  withheld  my  Coadjutor  and  myself 
from  coming  to  a  resolution  of  returning  to  the  Society.  If  it  please  God 
to  prolong  my  life,  to  see  it  established  on  a  more  sure  foundation,  and  to 
have  a  prospect  of  its  being  well  supported  here  by  a  concurrence  of  men, 
possessing  its  genuine  spirit  and  a  thorough  knowledge  of  its  government, 
there  will  be  much  better  encouragement,  than  is  to  be  found  in  our  present 
poverty  of  sciences  to  illustrate,  or  of  talents  to  govern  it  with  ability,  as 
well  as  honest  and  upright  intentions  (the  last  of  which  are  not  deficient). 
Carroll's  own  technical  difficulties  on  the  want  of  canonical  formalities.  The 
need  of  able  Jesuits  in  America. 

The  first  part  of  this  having  lain  by  me  a  long  time,  I  am  enabled  to  inform 
you  that  the  Rev.  Messrs.  Rob*  Molyneux,  Charles  Sewall  '21  and  Ch?  Neale 
have  resumed  their  engagements,  and  given  a  commencement  to  the  good 
work  so  earnestly  recommended.  The  difficulty  of  Jindin//  a  proper  novice- 
master. 

General  Archives  S.J.,  Paccan.  7,  Soc.  Fidei  in  Anglia,  iii.,  Tentatae 
Missiones  in  America — Marylandia,  Canada,  Nova  Scotia,  1800-1803  :  Carroll, 
Georgetown,  27  Oct.,  1800,  to  PP.  de  Broglie  and  Rozaven,  through  Strickland ; 
3  pp.  4to.  Ibid.,  Ephemerides  Regiminis  A.R.P.  Th.  Brzozowski,  a  fragment, 
in  the  hand  of  Father  Korycki,  the  General's  secretary ;  N°.  10'":°,  joint  letter 
of  Bishops  Carroll  and  L.  Neale,  25  May,  1803,  to  Gruber,  General  in  Russia. 
—Md.-N.  Y.  Province  Archives,  1800,  Nov.  28,  joint  letter,  dated  from  St. 
Thomas's  Manor,  of  ex-Jesuits  to  Stone  ;  signatures  not  original. — Georgetown 
College  Transcripts,  Shea  papers,  1788-1805,  Carroll,  Baltimore,  21  June,  1805,  to 
Molyneux;  a  copy.  Ibid.,  Carroll,  Baltimore,  27  June,  1805,  letters  patent, 

Je  vous  fais  bien  sincerement  mon  compliment  du  retablissenient  de  la  tres  sainte  et 
tres  utile  Compagnie  de  Jesus  dans  votre  diocese.  C'est  elle  qui  la  premiere  a  jet6  le 
fondement  de  la  foi  dans  vos  contrees,  c'est  a  elle  qu'il  appartient  de  1'etablir  et  de  le 
consolider.  Puisse-t-elle  se  r6tablir  dans  toute  sa  ferveur  primitive !  Puisse-t-elle 
produire  de  nouveaux  Francois  Xaviers  propres  a  la  maintenir  et  a  1'etendre  dans 
rimmense  diocese  que  la  divine  Providence  vous  a  confiee.  (Georgetown  College 
Transcripts,  1796-1809,  Shea's  excerpts ;  Gamier,  17  Jan.,  1806,  to  Carroll.) 

20  Apparently  one  of  the  priests,  Matthews,  Dubois,  De  Barth,  Eden,  Francis  Neale ; 
or  Brosius,  if  he  applied. 

21  Molyneux  and  Sewall  renewed  their  simple  voios,  18  Aug.,  1805.     (Md.-N.  Y. 
Province  Archives,  Liber  Continens  nomen,  etc.  ;  a  folio  book  of  lists  ;  p.  62,  List  of 
Professed,  etc.,  beginning  with  Robert  Molyneux.) 


§  15]  No.  178.     THE  SOCIETY  RESTORED,    1802-1805  823 

to  Holyneux ;  a  copy  in  Shea's  Jiand.  Ibid.,  Carroll  (Aug.,  1805)  to  Stone, 
Stonyhurst ;  a  copy. — English  Province  Archives,  portfolio  6,  f.  50,  28  Nov., 
1800,  joint  letter,  dated  from,  St.  Thomas's  Manor,  of  ex- Jesuits  to  Stone  ; 
signatures  original.  Ibid.,  f.  52,  Carroll,  15  Dec.,  1800,  toPlowden,  Stonyhurst. 
Ibid.,  Letters  of  Fr.  Stone,  Sewall,  Connell,  /.  147,  148,  N.  Sewall,  Portico, 
21  Oct.,  1803,  to  Stone,  transcribing  letter  of  Charles  Sewall,  29  July,  1803. — 
American  Catholic  Historical  Researches,  viii.  25,  joint  letter  of  ex-Jesuits, 
dated  Newtown,  30  Aug.,  1802,  to  Bishops  Carroll  and  Neale.  Ibid.,  25,  26, 
joint  letter  of  applicants  for  entrance  into  the  Society,  dated  St.  Mary's  and 
Charles  Counties,  25  Apr.,  1803,  to  (Carroll);  the  appellative,  Rev.,  being 
prefixed  there  to  the  six  students'  names. 

Owing  to  political  difficulties  of  the  time,  and  to  the  Popes  captivity 
at  Savona,  a  canonical  restoration  of  the  Society  did  not  ensue 
for  nine  years.  It  is  clear,  however,  that  if,  about  the  present 
date,  a  partial  restoration  had  not  been  effected  in  America,  the 
succession  of  the  new  Society  to  its  old  property  would  have  been 
completely  cut  off?*  Among  the  fifty  Jesuits  who  constituted  the 
American  Mission  at  the  general  restoration  in  1814,  there  were 
three  categories  of  members.  First,  there  was  the  residue  of  the 
old  Company ;  besides,  there  were  the  Jesuits  sent  by  the  General 
from  Europe ;  and,  in  the  last  place,  there  were  the  new  young 
men  who  had  entered  the  Order,  and  who  became  later  the  staple 
of  the  Maryland  Province.  Of  the  first  category,  the  veteran 
members  who  linked  the  old  to  the  new,  there  ivas  found  just  one 
Jesuit  surviving  in  1814,  father  Charles  Neale.  Of  the  second 
category,  there  would  have  been  none ;  for  the  General  could  have 
sent  none  except  to  the  Order  reconstituted  in  some  ivay.  Of  the 
last  class,  likewise,  consisting  of  the  youthful  accessions,  there 
could  have  been  no  trace.  Meanwhile,  the  Select  Body  of  Clergy 
which  enjoyed  its  corporate  existence  under  the  charter,  would 
have  comprised,  in  1814,  three  of  the  old  Society,  Charles  Neale 
and  the  two  bishops.  Its  other  members  would  have  been  new 
men,  all  foreign  to  the  Order.  Seeing  that,  in  spite  of  the 
preliminary  restoration,  there  ivas  already  a  rebellion  on  the  part 
of  the  non- Jesuit  element  in  the  Select  Body  against  the  possi- 
bility of  the  estates  returning  to  their  primitive  destination^ 
it  is  evident  that  the  16th  resolution  of  the  constituent  meeting?* 
would  have  become  a  dead  letter  in  the  life  of  the  Select  Body ; 
and  the  property,  if  any  one  pretended  to  a  predominant  right, 
would  be  found  in  Mgr.  Marechal's  time  just  where  MarechaVs 
claim  placed  it — lapsing  into  his  own,  the  bishop's,  hands. 

--  Cf.  No.  175,  p.  796. 

23  Cf.  Nos.  113,  C-S  ;  178,  R,  U. 

21  No.  1G8,  A,  1C? 


824  No.  178,  L,  M.     CARROLL   AND  PROPERTY,    1805-1814  [V 

On  20  Sept.,  1805,  a  month  after  the  last  letter  cited  (K),  an  agree- 
ment was  drafted  and  signed  l>y  Carroll  and  the  new  Superior, 
Molyneux.  Very  favourable  provisions  were  made,  by  the  terms 
of  the  agreement,  on  behalf  of  the  See  of  Baltimore;  while  the 
rights  of  the  Jesuits  to  their  estates,  and  their  jus  patronatus  over 
any  ecclesiastical  use  of  the  same,  were  fully  recognized  in  the 
articles.  This  is  the  document  which  figured  so  conspicuously 
in  Section  III.,  passim  ;  and  it  will  be  presented  infra. 

L.  1805,  September  20. 

The  Car  roll- Molyneux  Agreement,  20  Sept.,  1805.  Five  articles.  See 
No.  186. 

Seven  weeks  later,  we  find  a  new  policy  in  operation.  Bishop  Carroll 
wrote  to  Father  Molyneux,  giving  it  as  his  own  opinion,  that  now 
the  Corporation  might  become  a  mere  formality,  necessary  in  the 
eye  of  the  law,  but  ceding  all  its  active  functions  to  the  Superior 
of  the  Society. 

M.  1805,  November  7. 

Molyneux,  Portobacco,  7  Nov.,  1805,  to  Francis  Neale,  copying  out  parts 
of  Bishop  Carroll's  letter  just  received,  and  in  a  postscript,  N.B.,  quoting  a 
letter  of  Bitouzey's,  enclosed  by  Carroll. 

Carroll's  urgent  advice  regarding  an  appeal  to  the  Maryland  Legislature, 
in  the  matter  of  the  threatened  escheat^5  Bp.  Carroll  continues — "  It 
[a  meeting  of  the  Corporation]  must  be  held  within  two  weeks,  that  the 
petition  to  the  Assembly  may  be  signed  by  them  and  sealed  with  the 
Corporate  seal,  as  well  as  by  yourself,  and  other  proprietors,  if  any  there 
be.  I  must,  as  far  as  possible,  postpone  all  other  business  to  expediting 
this.'20 — Concerning  Mr.  Bitouzey's  embarrassment,  my  advice  to  the 
Corporation  would  be  this,  to  follow  the  last  of  the  methods  proposed 
in  his  [Bitouzey's]  letter,  that  is,  to  make  a  regulation  directing  the 
Managers  generally  to  follow  your  directions,  accounting  to  you  and 
(pro  forma)  to  themselves  [viz.  the  Corporation] ;  for,  as  the  Corporation 
must  subsist  for  legal  purposes,  they  cannot  ostensibly  abdicate  all  in- 
spection into  the  property  of  which  by  law  they  are  to  take  care." 
Various  directions  of  Molyneux  to  Neale.  His  respects,  etc. 

ROB?  MOLYNEUX,  S.J.  + 

N.B.  Mr.  Bitouzey's  regulation,  alluded  to  by  Bp.  Carroll,  is  couched 
in  these  words — by  a  regulation  that  w?  direct  managers  to  follow  the 

25  Cf.  No.  165,  p.  726. 

26  He  implies  that  he  will  not  be  able  to  leave  Baltimore  for  the  next  meeting  of  the 
Corporation.     Cf.  infra,  N,  ad  init. 


§  IS]  Afc.  178,  N.     CARROLL  AND  PROPERTY,    1805-1814  825 

instructions  of  the  Superior  of  the  Society,  and  to  account  to  him — w? 
not,  he  continues,  this  or  some  other  plan  [plain  ?]  and  open  way  clear- 
many  uncertainties,  shew  to  every  one  what  he  has  to  do,  and  remove  all 
mistrusts  w°.h  secret  and  private  agreements27  are  apt  to  raise  in  the 
minds  of  men  ? 

This  Bitouzey-  Carroll  proposal  of  practically  substituting  the  Superior 
of  the  restored  Society  for  the  executive  of  the  Select  Body,  was 
carried  into  effect,  a  fortnight  later,  by  the  new  Board ;  which 
consisted  of  Bishop  Carroll,  beginning  his  second  term  of  trustee- 
ship to  lie  followed  by  an  unbroken  series  of  terms  till  his  death ; 
of  Father  Molyneux,  the  new  Superior ;  of  Pile  and  Plunkett, 
two  ex- Jesuits,  who  filled  the  places  of  Walton  and  Bolton  ;  and 
finally  of  the  secular,  the  Rev.  G.  B.  Bitouzey,  now  beginning  his 
second  term.  Tlic  other  bishop,  Leonard  Neale,  was  wanting  to 
this  board  of  1805-1808. 

N.  1805,  November  21. 

Proceedings  of  the  Corporation  (St.  Thomas's  Manor),  21  Nov.,  1805. 

After  talcing  the  usual  oath,  before  J.  N.  Digges,  one  of  the  Justices 
of  the  Peace  of  Charles  County,  binding  themselves  truly  and  faithfully  to 
execute  the  trust  reposed  in  us,  according  to  the  true  intent  and  meaning 
of  the  Regulations  adopted  or  to  be  adopted  by  the  Ministers  of  the 
Roman  Catholic  Church  for  the  management  of  their  estates  and  tempo- 
ralities, the  four  members  present,  Carroll  being  absent,  passed  resolutions 
as  follows  : 

1?   They  elected  the  Ecv.  Henry  Pile  Secretary. 

2?  They  confirmed  Francis  Neale  as  agent. 

3?  Besolved, :  That  the  managers  of  the  several  estates  of  the  Corpora- 
tion of  the  R.  Catholic  Clergymen  be  hereby  authorized  and  directed  to 
follow  the  instructions  of  the  Rev.  Mr.  Robert  Molyneux ;  with  whom, 
as  likewise  with  the  Corporation,  the  agent  shall  account  for  his  admini- 
stration :  provided  however  the  said  agent  first  fulfil  all  the  obligations 
of,  and  pay  all  monies  ordered  by  preceding  Regulations  of  the  Select 
Body  or  of  the  Corporation. 

4?  The  Rev.  Messrs.  G.  B.  Bitouzey  and  Francis  Neale  are  directed 
to  take  information  concerning  the  propriety  of  selling  the  lands  of 
Deer  Creek  and  the  plantation  in  Delaware,  Newcastle  County  near 
Wilmington ;  also  certain  tracts  of  the  White  Marsh ;  and  the  money 
arising  from  these  sales  be  funded  as  a  perpetual  fund,  the  interest  of 

27  An  allusion  to  the  private  agreement  between  Carroll  and  Molyneux  ?  If  so, 
Bitouzey  had  been  informed  of  this  convention.  And  the  subsequent  cancelling  of  the 
instrument  would  have  been  more  deliberate,  in  pursuance  of  such  criticism,  than  the 
mere  temper  of  the  Trustees  (infra,  R)  would  imply.  Cf.  No.  116,  D,  note  24. 

VOL.   I.  3   II 


826  No.  178,  0-Q.     CARROLL   AND  PROPERTY,    1805-1814  [V 

which  to  be  applied  to  such  occasional  uses  as  the  good  of  the  Mission28 
may  require. 

.  .  .  Signed:  ROBERT  MOLYNEUX.     HENRY   PILE.      EOB.T  PLUNKETT. 

G.  B.  BlTOUZEY.29 

0.  1806,  March  4. 

Proceedings  of  the  Representatives,  St.  Thomas's  Manor,  4  Mar.,  1806. 

Due  notice  being  given  to  the  Representatives,  that  a  meeting  of  their 
board  would  take  place  at  St.  Thomas'  Manor  on  the  4th  of  March,  1806 ; 
on  this  day  the  following  gentlemen  appeared,  viz.  Rev.  Francis  Beeston, 
William  Pasquet,  Charles  Sewall,  Charles  Neale,  William  Matthews. 

The  members  assembled,  being  a  quorum,  proceeded  to  business  and 
passed  the  following  Resolves  : 

1?  They  consent  to  the  sale  of  as  much  land  in  the  tract  called  Arabia 
Petrea  as  will  suffice  to  discharge  the  present  debts  of  Deer-Creek. 

2°  That  the  Representatives  consent  to  the  sale  of  the  following  parts 
of  Carroll's  Burg  [i.e.  White  Marsh]  and  the  lands  lying  between  them, 
viz. :  Indian  Old  Fields,  New-Design  and  New-Quarters. 

3?  On  changing  the  term  Agent  into  Secretary  of  the  Corporation,  in  a 
former  resolution. (b) 

P.  1806,  September  11. 

Proceedings  of  the  Corporation,  Georgetown  College,  11  Sept.,  1806. 

.  .  .  September  llth.  The  same  members  as  yesterday  met  at  the 
same  place,  and  resolved  : 

1?  Provision  made  for  the  philosophers  and  divines,  candidates  for  the 
secular  priesthood,  whether  they  study  at  Georgetown  or  at  the  Baltimore 
seminary.  See  No.  179,  D,  1? 

2?  Resolved  that  the  managers  of  the  several  plantations  of  St.  Inigo's, 
New  Town  and  St  Thomas's,  are  hereby  authorised  to  pay  for  one  year 
from  the  date  thereof  [hereof?]  to  the  Rev.  Mr.  Molyneux  the  savings 
which  those  respective  managers  may  make ;  without  however  taking 
any  part  of  the  general  fund  for  that  purpose.  Adjourned  to  the  after 
noon. 

-f-  J.  CARROLL.     R.  MOLYNEUX.      ROBT  PLUNKETT.     G.  B.  BITOUZEY. 

Q.  Same  date. 

On  the  same  day  and  place,  the  same  members  present  as  this  morning, 
resolved : 

1?  That  the  Corporation  accepts  and  adopts  a  proposal  made  by  the 
Representatives  of  the  Clergy,  to  transfer  to  the  use  of  the  Bishop  of 

(b)  Sere  the  record  of  Representatives'  meetings  ends  in  quarto  book,  No.  3. 

1  This  word,  Mission,  is  distinctly  new  in  the  proceedings  of  the  Select  Body. 
*"  Only  one  Jesuit  present,  the  Superior,  Molyneux. 


§  15]  No.  178,  R.     CARROLL   AND  PROPERTY,    1805-1814  827 

Baltimore,  in  lieu  of  the  sum  of  800  dollars  now  paid  him  from  the 
general  fund,30  the  estate  of  the  clergy  on  Bohemia,  on  condition  of  the 
Bishop's  maintaining  a  priest  there  for  the  service  of  the  neighbouring 
Catholicks ; :11  and  that,  at  the  death  of  the  present  Bishop,  the  Clergy 
may  resume  into  their  hands  the  estate  of  Bohemia,  on  giving  sufficient 
security  to  the  succeeding  Bishop3'2  to  pay  or  cause  to  be  paid  to  him 
annually  one  thousand  dollars.  It  is  understood  that  the  timber  on  the 
land  is  not  to  be  sold,  but  only  used  for  the  necessary  purposes  on  the 
estate,  and  firewood  only  for  the  Bishop's  house. 

...  5?  The  President  of  the  Corporation3"  is  authorised  to  execute  a 
bond  to  the  Rev.  Mr.  Basque t  for  the  debts  due  to  him  from  Deer  Creek, 
etc,. 

.  Siqned  by  the  same  four. 

u  */  «/ 

R.  1806,  December  19. 

Carroll,  Baltimore,  19  Dec.,  1806,  to  (Molyneux).  TJie  Superior  of  the 
Jesuit  Mission  should  not  ignore  the  forms  of  Corporation  business,  in  appoint- 
ing the  manager  of  a  Jesuit  farm. 

On  the  death  of  Charles  Sewall.  I  find  that  you  desired  Mr.  Chas. 
Neale  to  take  provisional  charge  of  the  temporalities  of  St.  Thomas,  and 
perhaps  nothing  better  could  be  done  in  the  exigency  of  the  moment. 
It  could  not  have  been  meant  as  a  permanent  arrangement ;  34  for, 
besides  the  glaring  and  unavoidable  inconveniences,  losses,  waste,  and, 

30  Cf.  No.  173,  G,  19  ;  £300  per  annum  (current  money). 

31  Cf.  No.  170,  D,  4°.     This  is  the  same  condition  which  had  been  imposed  in  the 
grant  of  Bohemia  to  the  Seminary,  May,  1793. 

32  On  the  purport  of  this  resolution,  where  the  term  Bishop  occurs  twice  in  the  singular 
number :  the  present  Bishop,  Mgr.  Carroll  ex-Jesuit,  and  the  succeeding  Bishop, 
Mgr.  Neale  ex-Jesuit,  compare  the  argument  of  Mgr.  Marechal,  that  all  succeeding 
bishops  in  the  plural,  ses  successeurs,  though  not  ex- Jesuits,  were  by  the  terms  of  this 
resolution  to  enjoy  the  same  privileges ;  and  this,  says  >Marechal,  was  "  exacted  "  by 
Mgr.  Carroll  (No.  129,  A,  5? ).     Cf.  No.  180,  D,  note  17. 

33  Carroll  fills  this  new  post  of  President.     Cf.  No.  179,  B. 

34  Charles  Neale  always  resided  at  Portobacco,  some  miles  distant  from  St.  Thomas's 
Manor.    He  could  never  be  withdrawn  from  the  direction  of  the  Carmelite  monastery 
of  nuns,  whom  lie  had  brought  over  from  Antwerp,  and  whose  institution  he  had  largely 
founded  at  his  own  expense.     Carroll  says,  at  the  end  of  the  letter  to  Stone,  quoted 
above  (supra,  K),  that  Charles  Neale  would  answer  the  purpose  of  acting  as  a  novice- 
master  ;  but,  if  ho  were  removed  from  the  convent,  whose  original  members  he  con- 
ducted hither,  its  dissolution  might  he  much  apprehended.     Living  at  a  distance 
from  the  estate  which  he  was  supposed  to  be  managing,  it  was  only  in  1820,  Aug.  22, 
that  Charles  Neale  resigned  the  management,  and  his  brother  Francis  was  appointed 
in  his  stead.     Cf.  Nos.  110,  E ;    181,  G,  7?.     Meanwhile,  at  the  present  date  (1806), 
Francis  became  novice-master  in  default  of  Charles ;  which  was  a  curious  combination, 
since  this  master  of  novices  had  never  been  a  novice  himself  under  any  master.     Compare 
the  following  passage  in  the  letter  of  Molyneux,  7  Nov.,  1805,  to  F.  Neale  (supra,  M) : 
BP  Carroll  has  no  objection  to  yf  beginning  yf  Noviceship  by  entering  on  the  four 
weeks  spiritual  retreat  or  exercise  of  our  holy  Founder,  to  w1'.'1  you  must  also  subject 
those  Lay  Brothers  who  are  candidates  and  shall  he  judged  by  yj  ~B?[pther~\  and  you 
to  be  fit  subjects.     He  adds  that,  before  the  time  of  taking  the  vows  expire,  I  shall 
have  time  to  know  from  the  General  the  legality  of  such  a  proceeding,  that  of 
appointing  a  Magister  Novitiorum,  one  who  never  was  himself  a  Novice. 


828  No.  178,  S.     CARROLL  AND  PROPERTY,    1805-1814  [V 

if  he  leaves  no  opportunity  for  waste,  the  dissatisfaction  that  must  arise 
out  of  the  non-residence  of  the  manager,  besides  all  this,  I  say,  you  know 
enough  of  the  temper  of  some  of  the  Corporation  to  be  sensible  that 
public  business  must  be  conducted  according  to  the  forms  adopted  by  that 
Corporation  at  the  last  meeting  of  Trustees,35  in  entire  conformity  with 
your  own  suggestion.  The  appointment  of  a  manager,  therefore,  is  to  go 
thro'  those  forms,  and  it  is  scarce  to  be  supposed  that  Mr.  Ch?  Neale  will 
be  accepted,  while  he  resides  at  the  monastery.  .  .  .:''; 

S.  1808,  May  12. 

Proceedings  of  the  Corporation,  Georgetown  College,  12  May,  1808. 

...  5?  Resolved,  that  the  managers  of  the  plantations  of  St.  Inigo, 
New  Town  and  St.  Thomas',  are  authorised  to  apply  all  surplus  produce 
of  those  estates  in  the  manner  specified  in  the  second  resolve  of  the  meet- 
ing of  the  eleventh  of  September,  1806,:!7  until  the  end  of  September  of 
this  present  year,  1808. 

.  .  .   +  J.,  Bishop  of  Baltimore.     G.  B.  BITOUZEY.     ROB?  PLUNKETT. 

ROBT    MOLYNEUX. 

To  shoiv  the  full  meaning  and  scope  of  this  joint  legislation  and 
administration,  we  record  at  once  an  undated  autograph  minute 
of  Carroll's,  valid  as  ivell  for  the  Society  as  for  the  diocese.  It 
purports  to  supply  the  German  faithful  with  a  formula  of 
bequest  in  favour  of  the  Church  ;  and  he  adds  to  it  a  comment, 
in  which  the  right  of  presentation,  or  jus  patronatus,  is  recognized. 
Since  this  document  is  in  the  Jesuit  archives,  and  its  terms  do 
not  imply  that  the  bishop  is  devisee,  it  probably  contemplated  the 

33  9,  11  Sept.,  1806. 

3C  Here  and  henceforth  is  seen  the  incongruity  of  a  Corporation  continuing  to  exist 
and  hold  in  trust  for  the  Society  at  its  resurrection,  when  the  Society  had  in  part  begun 
to  exist,  and  loas  competent  in  the  premises,  to  take  care  of  itself.  Grassi,  when 
Superior,  had  no  better  name  for  the  institution  than  the  blessed  Corporation.  Never- 
theless, as  in  tlie  case  of  the  preliminary  restoration,  the  anticipation  of  the  proper  date 
saved  the  succession  of  new  Jesuits  to  the  old  ones  (supra,  p.  823),  so,  in  the  matter  of 
preserving  the  property,  the  postponement  of  a  dissolution  on  the  part  of  the  Corpora- 
tion saved  estates  to  which  the  Order  should  succeed.  If,  in  1822-1824,  the  Society 
had  held  in  its  own  name,  it  wo-uld  have  lost  some  possessions  at  least,  in  virtue  of 
its  obedience  to  ecclesiastical  authorities.  But  the  hold  of  the  civil  Corporation,  ^uhich 
knew  no  obedience  outside  of  its  charter,  rendered  the  estates  intangible.  Compare  the 
attitude  taken  up  by  Mgr.  Marcchal,  in  face  of  this  impracticable  combination  between 
the  Board  holding  and  the  Society  enjoying,  the  former  not  amenable  to  the  provisions 
of  a  Brief,  the  latter  fully  so.  While,  on  the  one  hand,  he  represents  the  Corporation 
as  holding  in  trust  for  his  diocese  (No.  115,  §  12,  and  Section  III.  passim),  and  therefore 
in  equity  bound  to  deliver,  he  exhibits  the  Jesuits,  on  the  other  hand,  as  having  first 
captured  the  Corporation  (No.  115,  §  14,  and  Section  III.  passim),  then  as  constituting 
it  (cf.  No.  124,  C,  7?  ,  1),  and  so  incurring  a  canonical  obligation  to  obey.  The  episode 
illustrates  anew  the  polici/  of  Uses  and  Trusts,  as  instanced  already,  History,  I.  §  76, 
p.  614.  Cf.  No.  181,  p.  895. 

37  Supra,  P,  2?  ;  i.e.  to  the  service  of  the  Jesuit  Mission. 


§   15]  No.  178,  T,  U.     CARROLL   AND  PROPERTY,    1805-1814          829 

Corporation  or  the  Society.  In  any  case,  Carroll's  comment  is 
so  far  general  in  its  bearings  as  to  mention  three  distinct  bene- 
ficiaries of  a  demise,  viz.  the  Ordinary  of  the  diocese,  a  society 
civil  (ex.  gr.  the  Corporation),  and  a  societ}7  religious  (ex.  yr.  the 
Society  of  Jesus).23 

T.  Undated 

Carroll's  autograph  formula  for  a  bequest  in  favour  of  religious  purposes, 
loith  a  reservation  of  the  right  of  presentation,  or  a  jus  patronatus™ 

I  N.N.  give  and  bequeath  my  farm  situated  (at  such  a  place)  with 
all  its  appurtenances  to  N.N.,  his  heirs  or  assigns  for  ever  ;  in  trust  how- 
ever for  the  residence,  sole  use  and  maintenance  of  a  Roman  Catholic  Priest, 
to  be  presented  by  the  aforesaid  JST.N.,  his  heirs  and  assigns,  and  approved 
by  the  Roman  Catholic  Bishop  for  the  time  being ;  which  Priest  shall 
either  be  a  German  by  birth  or  descent,  or  well  acquainted  with,  and 
competent  to  preach  and  instruct  in  the  German  language,  as  long  as 
there  shall  be  any  Roman  Catholics  acquainted  with  that  language, 
residing  in  the  neighbourhood  ;  and  it  is  my  will  and  intention,  that  it  be 
.sufficiently  provided  by  the  above  named  N.N.,  his  heirs  and  assigns,  that 
no  clergyman  hereafter,  to  be  settled  on  the  farm  hereby  bequeathed, 
shall  continue  on,  or  receive  any  advantage  from  it  longer  than  his  conduct 
and  demeanor  shall  be  approved  by  the  Roman  Catholic  Bishop  for  the 
time  being,  of  which  he,  the  said  Bishop,  shall  be  the  sole  judge,  and  not 
accountable  to  any  person  whatever. 


It  is  apprehended  that  any  bequest  to,  or  any  duty  charged  on,  the 
R.  Cat.  Bishop  and  his  successors,  so  far  as  it  relates  to  the  latter,  would 
be  a  nullity,  as  the  Bishop  is  not  known  or  allowed  by  the  municipal  laws 
of  these  States  to  be  a  Corporation.  In  the  same  manner,  no  society, 
civil  or  religious,  which  is  not  incorporated  by  a  law  of  the  State,  can  take 
benefit  from  any  demise,  legacy,  etc.  It  is  therefore  proper  for  the 
purpose  of  the  testator  to  bequeath  the  intended  property  to  some  person 
in  trust,  to  carry  the  testator's  views  into  effect. 

U.  1809,  April  14. 

Anthony  Kohlmann  (Neio  York),  14  Apr.,  1809,  to  Strickland,  London."" 
On  a  combination  of  non-Jesuit  members  in  the  Select  Body,  prejudicial  to 
Jesuit  interests. 

.  .  .  Your  favour  of  24  December,  1808,  was  delivered  to  me  a  few 
days  ago,  to  which  I  am  going  to  answer.  About  the  same  measures 

•*8  Cf.  Nos.  131,  3,  21.'  ,  Marechal  on  incapacitating  Jesuits  from  owning  Church 
property ;  135,  O,  seq.,  tlie  case  of  MarlborougJi,  Prince  George's  County,  Md. 
M  Cf.  No.  120,  5« 
10  The  series  of  documents  here  following,  U-X,  is  parallel  with  No.  192,  D-FJ. 


830  A-O.  178,  V.     CARROLL   AND  PROPERTY,    1805-1814  [V 

have  been  taken  here  by  the  remaining  Fathers  of  the  Society  for  the 
preservation  of  their  property  as  in  England.  But,  for  the  want  of 
members  of  the  Society,  some  troublesome  men,  not  very  friendly  to  our 
body,  were  admitted  into  the  Corporation,  which  possesses  our  goods 
under  a  confidential  trust ;  who,  against  the  articles  of  the  said  establish- 
ment, seem  to  be  eager  to  appropriate  this  property  by  and  by  to  them- 
selves, under  pretext  that  the  Society  is  not  as  yet  legally  established. 
I  urged  against  them  repeatedly  your  very  reasoning  ;  but  with  men  of  ill 
will  the  best  arguments  have  very  little  weight.  However  Almighty 
God  seems  to  baffle  their  machinations.  Short  after  the  departure  of 
our  late  venerable  Superior,  Robert  Molyneux,  who  departed  this  life  on 
the  18th  of  December,  R.  Mr.  Mathews,  who  particularly  of  late  appeared 
to  work  much  contrary  to  our  interests,  was  appointed  president  of 
Georgetown  College;41  and,  on  the  same  day,  he  in  conjunction  with  Rev. 
Messrs.  Young  and  Byrnes,42  both  Priests,  petitioned  to  be  admitted 
into  the  novitiate ;  and  so  in  a  short  time  the  Corporation  will  not 
consist  but  of  members  of  the  Society.  .  .  . 

About  the  date  of  this  Koldmann  letter  to  Strickland,  there  is  one  of 
Carroll's  to  Plowden,  in  which,  speaking  of  similar  business 
interests  and  funds  belonging  to  the  ex- Jesuits  of  Ireland,  he  gives 
expression  to  some  opinions  reflecting  his  own  integrity  and 
sincerity. 

V.  1809,  June  2. 

Carroll,  2  June,  1809,  to  Plowden.  On  prelates,  Irish  and  American, 
supposed  to  be  unfavourable  in  the  matter  of  the  Society's  interests.  On 
the  Propaganda,  and  the  diffidence  shoion  by  Jesuits  towards  it. 

.  .  .  Painful  are  the  apprehensions,  excited  by  your  last  letter,43  of 
unfriendly  and  uncandid  conduct  in  a  person  of  eminence  in  Ireland,  with 
whom  I  correspond  occasionally,  and  whom  I  have  always  respected 
highly.  He  has  taken  occasion  from  various  public  facts,  which  have 
occurred  for  many  years  back,  to  express  sentiments  on  the  subject  of  the 
restoration  of  the  Society ;  and  no  one  could  use  language  more  expressive 
of  an  earnest  wish  for  its  accomplishment.  Some  may  impute  to  [me  a]  too 
easy  credulity,  and  the  want  of  discernment  in  judging  [of  man]kind.  But 

1  Matthews  succeeded  his  uncle,  Bishop  L.  Neale ;  but  being  "  missionary  in 
Washington,  an  occupation  incompatible  with  that  of  Rector  of  a  college,  he  was  on 
that  account  soon  relieved  of  the  office;  and  Father  Francis  Ncale  was  appointed 
Rector.  He  luas  missionary  in  Georgetown  and  in  Alexandria,  master  of  novices,  and 
besides  procurator  of  the  Corporation.'"  (General  Archives  S.J.,  Maryl.  Epist.,  1,  ii., 
Grassi,  Meraorie  sulla  Compagnia  cli  Gesli  ristabilita  negli  Stati  Uuiti  .  .  .  1810-1817, 
pp.  19,  20.) 

-  Cf.  infra,  Z. 

5  Plowden's  letter,  30  Apr.,  1808,  to  Carroll,  copied  in  part  by  the  latter,  9  July, 
1808,  for  Molyneux,  Georgetown.  (Md.-N.  Y.  Province  Archives,  under  the  latter  date ; 
3  pp.  4to,  No.  84.) 


§   15]  Mo-  ITS,  V.     CARROLL  AND  PROPERTY,    1805-1814  831 

I  have  great  difficulty  in  persuading  myself  that  men,  whose  whole  lives 
have  been  devoted  to  the  service  of  religion  and  who,  under  trying  occa- 
sions, have  served  it  successfully,  can  be  acting  a  false  and  dishonourable 
part,  especially  towards  their  religious  brethren.44  It  would  be  unfor- 
tunate, not  so  much  to  the  old  members  of  the  Society  (who  will  be 
out  of  his  power)  as  to  the  cause  of  a  general  restitution,  if  any  such 
instructions  have  been  given  to,  or  prejudices  conceived  by,  Dr.  Concanen, 
as  you  suspect.  The  language  of  his  letters,  as  well  as  that  from  the 
Congregation  of  the  Propaganda,  is  as  friendly  and  kind  as  can  be  wished  ; 
that  of  the  former  [Concanen]  even  with  respect  minimae  huic  Societati  ; 
and  that  of  the  latter  [Propaganda]  towards  myself.  And  I  must  add 
that,  in  this  respect,  the  Congregation  of  their  Eminences  has  been 
uniformly  respectful,  cordial  and  full  of  confidence  ;  and  therefore  I  have 
put  great  trust  in  it,  and  thought  that  our  brethren  and  friends  oftended 
by  too  much  diffidence  and  suspicion.  In  the  case  of  a  happy  and 
peaceful  restoration,45  if  my  advice  could  have  any  weight  in  the  councils 
of  the  Society,  it  would  be  in  favour  of  a  most  cordial  co-operation  and 
understanding  with  the  Directors  and  alumni  of  the  College  of  the 
Propaganda  and  other  establishments  of  a  similar  nature,  instead  of 
wrapping  up  ourselves  in  our  own  plans,  without  endeavouring  to  profit 
by  the  experience,  lessons  or  influence  of  men,  engaged  in  pursuits 
similar  to  our  own.  The  more  I  study  the  life  of  St.  Ignatius,  the  more 
am  I  convinced  that  such  was  his  spirit  ;  and,  tho'  men  who  seek  always 
the  glory  of  God,  must  meet  with  opposition  from  ignorance  and  impiety, 
yet  by  inspiring  into  and  bestowing  confidence  on  good  men,  a  great  deal 
of  jealousy  and  heart-burning  would  be  avoided.  This  is  not  mentioned 
with  reference  to  the  attempt  of  the  Propaganda  on  property  in  Ireland, 
an  attempt  which  will  undoubtedly  be  resisted  as  it  ought.  The  attempt 
is  full  of  mischief  ;  and  I  am  ashamed  to  think,  that  my  friend  the  Arch- 
bishop can  condescend  to  be  an  agent  in  a  business,  so  unfounded  and  so 
danerous  to  the  Catholic  cause.4li  .  .  . 


41  Here  Carroll  passes  on  to  the  new  Bishop  of  New  York,  Dr.  Concanen,  lolw  loas 
still  detained  in  Italy. 

45  Public  and  canonical. 

46  Cf.   No.   221,   B.     A   misunderstanding  on  the  part  of  Dr.  Troy,  Archbishop 
of  Dublin,  occasioned  the  negotiations  to  which  Carroll  alludes.     In  this  letter  of 
Carroll's  there  seems  to  be  some  degree  of  confusion,  the  College  of  the  Propaganda 
being  introdiiced  in  the  same  connection  as  the  Sacred  Congregation  of  the  Propaganda  ; 
and  his  remarks,  though  just  in  themselves,  are  not  relevant  enough  to  show  an  insight 
into  the  general  question.     Cf.  supra,  note  10.     As  to  the  imputation  which,  he  says, 
might  be  cast  upon  him,  that  of  a  want  of  discernment  in  judging  of  mankind,  a  few 
words  of  Grassi  portraying  Archbishop  Carroll  seem  to  furnish  an  exact  estimate  of  his 
character  :  "  To  his  [Carroll's]  courtesy  of  demeanour  was  joined  a  rare  goodness  of 
heart,  qualities  which  won  him  the  merited  esteem  and  respect  of  the  public,  not  only 
Catholic,  but  non-Catholic  most  hostile  to  the  name  of  Boman  Catholic.     In  the  eyes 
of  some  he  was  not  cautious  enough  in  his  choice  of  confidants,  and  he  teas  prone  to 
give  in  to  Protestants  more  than  he  should  have  done,  and  to  appoint  trustees  over 
chtirchcs  when  he  could  have  done  well  without  them,  and  so  have  averted  all  the 
troubles  which  our  missioners  suffered  at  the  hands  of  those  same  persons,  with  damage 
even  to  religion  itself."     (Grassi,  Memorio,  as  above,  No.  178,  note  41  ;  pp.  22,  23.) 


832  No.  178.     CARROLL  AND  PROPERTY,    1805-1814  [V 

Md.-N.  Y.  Province  Archives,  1805,  Nov.  7,  Molyneux,  St.  Thomas's  Manor, 
to  F.  Neale,  Georgetown.  Ibid.,  1806,  Dec.  19,  Carroll,  Baltimore,  to  (Molyneux)  ; 
address  wanting ;  4  pp.  4to,  and  1  p.  fol.,  No.  71.  Ibid.,  (1806),  unsigned  and 
undated  formula  for  a  bequest  in  favour  of  religion ;  Carroll's  autograph,  4  pp. 
8vo,No.64.  Ibid.,  Proceedings  of  the  Corporation,  21  Nov.,  1805 ;  4  Mar., 
1806;  11  Sept.,  1806;  12  May,  1808. — English  Province  Archives,  portfolio  6, 
f.  92,  Kohlmann,  (New  York),  14  Apr.,  1809,  to  Strickland.  Ibid.,  ff.  94",  95, 
Carroll,  2  June,  1809,  to  Plowden. — General  Archives  S.J.,  Maryl.  Epist.,  6,  i., 
Carroll-Molyneux  Agreement.  See  No.  18G. 

The  views  of  Carroll,  on  what  lie  and  the  other  Americans,  whether 
Jesuit  or  non-Jesuit,  called  the  civil  nature  of  the  property,  and 
which  he  considered  that  no  ecclesiastical  authorities  could  touch 
even  before  it  was  under  the  protection  of  a  civil  charter, ^  were 
always  consistently  the  same.48  At  the  present  stage,  a  new 
application  of  the  doctrine  arose  in  relation  to  the  presidentship 
of  Georgetown  College.  That  institution  belonged  to  the  Corporate 
Body;  and  the  Board,  which  heretofore  had  installed  all  the 
presidents,  Plunkett,  Molyneux,  Dubourg,  L.  Neale,  Matthews, 
F.  Neale,  now  appointed  Father  John  Anthony  Grassi  to  succeed 
F.  Neale. 

The  property  of  the  Corporation  was  held  in  trust  for  the  Society,  as 
the  statutes  of  the  Select  Body  declared®  and  as  the  two  bishops, 
in  their  original  letter  to  the  General  of  the  Society,  had 
sufficiently  intimated.50  Without  adverting  to  any  American 
technicalities,  the  General  of  the  Society  answered  Carroll's  com- 
plaints about  the  Superior  Charles  Neale,51  by  appointing  Father 
John  Anthony  Grassi  Hector  of  Georgetown  College  and  Superior 
of  the  Jesuits  in  America  (16  Oct.,  1811).  This  was  the  first 
original  appointment  made  from  Russia,  Robert  Molyneux  having 
been  chosen  by  Carroll  as  delegate  of  the  General,  and  Charles 
Neale  having  been  designated  by  Molyneux  at  his  death. 

Here  occurred  an  episode  in  which  it  was  not  merely  seculars  at  the 
Board  who  showed  a  temper  (supra,  R),  but  the  two  bishops, 
who,  on  technical  grounds,  seemed  to  oppose  the  exercise  of  a 
Jesuit  Rectors  authority.  In  the  first  place,  Bishop  Neale  was 
one  of  the  College  Directors  or  Visitors  who  passed  the  resolution 
appointing  Grassi  president.  But  the  resolution  limited  his 
action  by  declaring  the  temporalities  of  the  college  to  be  under  the 
control  of  the  Vice- President  appointed  by  themselves.  TJius 

47  Cf.  No.  144,  A. 

18  Cf.  No.  197,  on  the  Maryland  idea  of  what  was  ecclesiastical. 

13  Cf.  No.  168,  A,  16? 

•'">  Supra,  F. 

:'1  Cf.  Nos.  115,  §  4,  note  2  ;  179,  M  ;  192,  D-W. 


§  15]          No.  178,  W,  X.     CARROLL   AND  PROPERTY,    1805-1814          833 

Grassi,  wlio  considered  himself  to  le  a  Jesuit  Rector,  found  him- 
self, in  temporal  concerns,  under  an  authority  which  was  not 
that  of  his  regular  Superior?2  In  the  second  place,  when  the 
appointment  of  Grassi  as  Rector  of  Georgetown  came  to  hand 
from  Russia?3  Bishop  Carroll  signified  to  Grassi  (infra,  Y)  that 
the  General  had  committed  a  mistake.  This  episode  evolves  in 
the  following  documents,  W-C2. 

W.  1811,  October  8. 

John  Anthony  Grassi,  recently  sent  from  Stonyhurst  to  Georgetown,  and 
not  yet  Rector,  8  Oct.,  18 LI,  to  Plowden  (Hodder,  Stonyhurst}.  A  transla- 
tion from  the  Italian  by  Plowden  (for  Father  Stone). 

A  long  narration  of  the  antecedents  in  the  Maryland  Mission  and  George- 
town. The  succession  of  presidents  at  the  College :  PlunJcett,  Molyneux, 
(Dubourg}  a  Sulpician,  L.  Neale,  Matthews,  and  the  actual  President, 
Francis  Neale.  F.  C.  ISTeale,  who  has  the  office  of  Provincial,  dwells  36 
miles  from  the  College,  and  is  conf[esso]r  of  more  than  20  Carmelite  nuns. 
These  things  cannot  fail  to  displease  the  Abp.  [Carroll],  and  some  very 
wrongly  impute  his  displeasure  to  alienation  from  the  Society,  and  I  have 
detailed  the  whole  in  various  letters  to  the  General,  having  reason  to 
believe  that  he  is  ignorant  of  what  passes  here ;  and  every  day  I  expect 
an  answer.  Further  criticism.  I  cannot  and  never  will  suffer  it  to  be 
said,  that  such  a  college  belongs  to  the  Society.  It  belongs  to  the  body 
of  the  clergy  of  Maryland  ! !  Here  Plowden  follows  icith  home  thrusts  for 
the  benefit  of  the  English  Province.  However,  he  concludes  (to  Stone),  your 
young  men  at  Hodder,  all  considered,  are  going  on  well.  .  .  . 

X.  1812,  April  28/10  May  (N.S.). 

Father  Desperamus,  the  Generals  Assistant,  St.  Petersburg,  10  May 
(JV.S.),  1812,  to  Grassi. 

Letters  since  Grassi's  of  20  Dec.,  1810,  No.  l.:'4  Hopes  that  the  General's 
letters  of  16  Oct.  (by  ivhich  Grassi  was  appointed  Superior^,  and  1  Nov.,  1811, 
have  been  received  by  this  time.  Six  heads  of  business.  2.  As  to  Georgetown 
College,  if  it  cannot  be  managed  properly,  because  dependent  on  the  Corpora- 
tion, leave  it  to  the  Corporation,  and  use  your  men  elsewhere.  But,  if  the 
Corporation  wants  the  Society  to  conduct  the  College,  let  the  Board  suffer  the 
Society  to  conduct  it  well,  as  it  knows  how ;  let  a  yearly  allowance  be  fixed  to 

52  Witlial,  if  tlie  secular  element  had  its  way,  the  Russians,  that  is  Grassi  and  the 
other  Jesuits  sent  to  America  by  the  General,  were  not  even  to  be  considered  as  eligible 
for  membership  in  the  Select  Body.  So  Bitouzey  wrote  (23  Oct.,  1813)  describing 
Grassi :  a  man,  lie  said,  that  we  feed  and  support,  a  man  who  is  not  a  member,  a 
man  who,  for  the  most  weighty  reasons,  ought  not  to  be  admitted  among  us,  and 
who,  I  trust,  never  will.  See  No.  113,  D,  a  characteristic  document. 

3  Cf.  infra,  note  55. 

54  Grassi's  first  letter  from  America. 


834  No.  178,  Y,  Z.     CARROLL  AND  PROPERTY,    1805-1814  [V 

maintain  the  institution,  and  keep  it  out  of  debt.  Bishop  Neale's  view,  that 
everything  will  come  into  the  hands  of  the  Society  in  due  time,  will  not  save 
the  good  name  of  the  Society  in  the  mean  time  : 

...  2.  Mi  pare  che  il  Collegio  di  Georgetown,  non  potendosi  regolare 
bene,  perche  dipendente  dalla  Corporazione,  devesi  abbandonare  alia 
medesima,  e  prevalersi  altrove  de'  soggetti,  che  vi  sono.  A  che  sostenerlo 
con  discapito  del  buon  nome  della  Compagnia,  la  quale  non  vi  puo  mettere 
alcun  ordine,  ne  per  il  temporale  di  esso  Collegio,  ne  per  la  disciplina  e 
buona  istruzione  dei  giovani  ?  Se  la  Corporazione  vuole  che  sia  regolato 
dalla  Compagnia,  deve  lasciare  la  piena  liberta  alia  medesima  di  regolarlo 
per  il  bene,  come  sa,  e  deve  fissare  un  certo  annuo  reddito,  per  cui  possa 
mantenersi  e  non  fare  nuovi  debiti.  Mgr.  Neale  puo  per  il  suo  affetto 
alia  Compagnia  credere,  che  tutto  le  verra  a  cadere  in  rnano  col  tempo, 
ma  in  tanto,  se  ella  perde  il  suo  buon  nome  trovandosi  in  discredito,  non 
potra  fare  molto  bene. 

The  General  adds  to  the  long  letter  of  Desperamus  a  paragraph, 
inculcating  what  the  latter  has  said,  and  requiring  Grassi  to  take  counsel 
with  the  Arclibislwp  (Carroll)  in  matters  of  moment. 

Y.  1812,  July  9. 

Carroll,  Baltimore,  9  July,  1812,  to  Grassi,  Professor  at  the  College, 
Georgetown.  He  says  thai  the  College  belongs  to  the  Corporation,  not  to  the 
Society. 

He  has  received  from  the  General  a  letter,  dated  Petersburg,  20  Nov., 
1811.  He  presumes  that  Grassi  also  has  received  his  (appointing  the  latter 
Superior}:''3  On  the  late  Superior,  Father  Charles  Neale,  and  the  Carmelite 
monastery. 

Rev.  Fr.  Gen1,  not  knowing  exactly  the  state  of  our  regulations  in 
temporal  concerns,  and  the  transfer  of  the  ecclesiastical  property  to  a  body 
corporate  from  the  hands  of  individuals,  who  might  have  appropriated 
much  of  it  to  themselves,  has  committed  a  mistake,  in  appointing  you  to 
be  the  president  of  George  Town  College,  which  he  has  no  authority  to 
do.56  You  may  be  assured,  that  I  will  be  always  glad  to  render  your 
administration  easy  and  free  from  contention.  Ott  Father  Hantzau,  etc. 

Z.  1812,  July  30. 

Carroll,  Baltimore,  SO  July,  1812,  to  Father  Beschter,  Rector  of  the 
Cat.  Church,  Lancaster,  Penns'!.  In  this  letter,  Carroll  makes  mention  of 
the  Society's  heirs. 

55  Grassi  mentions  in  his  Memoirs  that  the  General's  letter,  16  Oct.,  1811,  conveying 
the  appointment  to  the  management  of  the  Mission  and  rectorship  of  Georgetown  College, 
reached  his  hands  in  June,  1812.     The  action  of  the  Directors  was  subsequent,  as  infra, 
A-,  C2.     Cf.  No.  179,  Q,  note  25. 

56  Cf.  infra,  0-  ;  Carroll  repeats  the  substance  of  this  criticism  to  the  General  him- 
self (Jan.  \Jun.  ?],  1814). 


§   is]  No.  178,  Z.     CARROLL  AND  PROPERTY,    1805-1814  835 

On  Rev.  Mr.  Byrne,57  who  at  his  ordination  was  affiliated  in  the  Diocese 
of  BaltT,  out  who  then  proposed  becoming  a  member  of  the  Augustinian 
Order.  I  told  him  readily,  that  I  ought  not,  and  would  not  oppose  his 
embracing  the  more  perfect  state  of  religion ;  adding,  however,  that  his 
loss  to  the  Diocess  was  a  grievous  one ;  and  that,  if  he  did  not  persevere 
to  the  term  of  his  solemn  profession  in  the  Order,  I  claimed  him  as  a 
member  of  my  clergy.  After  that,  Carroll  lent  him  to  Bishop  Egan  of 
Philadelphia.  Hence  he  does  not  wisli  to  meddle  in  arrangements  concerning 
him.™ 

On  Father  Strickland,  and  the  Sir  John  James'  Fund.  See  No.  150,  L, 
note  9. 

P.S.  You  ask  my  advice  about  remaining  to  suffer,  or  flying  away.  I 
wish  for  neither.  Respectfully  inform  Bishop  Egan  that  you  have  a 
natural  right  to  be  consulted  in  the  appointment  of  your  companion, 
especially  to  live  with  you  in  a  house  and  011  premises  belonging  to  the 
Society,59  or  its  heirs. (c)6(J 

(c)  Or  its  heirs,  added  above  the  line. 

'-'  Cf.  supra,  U. 

58  Cf.  No.  120,  2:.1 ,  MarechaVs  mews  on  the  diocesan  status  of  a  religious. 

59  Cf.  Nos.  120,  5?  ;  135,  E  ;    Marechal's   contrary  view.     Bishop  Egan  writes, 
3  Aug.,  1812,  to  Beschter,  in  the  saine  sense,  as  Carroll  here;  and,  8  Sept.,  1812,  to 
(IniKsi,  Superior,  saying  that,  since  Grassi  desires  to  remove  Beschter  to  Georgetown, 
he,  the  bishop,  does  not  hesitate  to  accede ;  particularly  under  the  promise  of  another 
clergyman  to  succeed  Beschter ;  any  one  therefore  sent  by   you  will  be  gratefully 
accepted  by  me.    He  exccpts,  however,  Father  Rantzau.  (Md.-N.Y.  Province  Archives, 
1S12,  Aug.  3,  Egan  to  Beschter;  S  Sept.,  1812,  same  to  Grassi.)     Cf.  No.  135,  G-N, 
MarechaV s  policy. 

60  The  ivord,  heirs,  added  above  the  line,  seems  to  show  that,  owing  to  the  long  delay 
in  the  canonical  restoration  of  the  Society,  Carroll  either  had  lost  confidence  in  its  ever 
being  publicly  restored,  or,  at  least,  was  contemplating  such  a  possibility.     This  may 
explain  his  tenacity  in  maintaining  the  Corporation,  for  the  continuance  of  which  he 
gave  in  the  preceding  letter  to  Grassi  (supra,  Y)  a  very  slight  reason,  that  it  had  been 
instituted  to  save  the  property,  vested  in  the  hands  of  individuals.      Why  the  Ncalcs 
should  have  been  so  pertinacious  in  keeping  up  the  forms  of  Corporation  business  and 
control  is  more  obscure.      It  was  probably  want  of  confidence  in  the  foreigners,  who, 
as  was  only  too  evident,  formed  the  chief  personnel  of  the  rising  Mission.    Cf.  No.  135, 

A,  Prop.  13,  note  35,  on  Americanism.    The  vocations  of  young  Americans  were  proving 
singularly  unhappy,  not  so  much  througluthc  fault  of  the  youths  themselves,  as  through 
the  bad  internal  management  and  the  want  of  Jesuit  formation. 

However,  Father  Benedict  Fenwick,  a  thorough-going  American,  did  not  hold  in- 
high  esteem  the  capabilities  of  his  young  compatriots  for  the  religious  state.  Writing 
to  Grassi  from  Neio  York,  20  Feb.,  1S15,  he  said:  The  intelligence  received  by  your 
letter  of  the  addition  of  ten  scholastics  and  three  lay  brothers  to  the  noviciate  is 
indeed  as  grateful  as  it  was  unexpected.  I  should  be  glad  to  know  the  names, 
particularly  of  the  scholastics.  I  hope  they  may  persevere.  If,  however,  the  half  of 
them  should  run  away  before  the  expiration  of  their  term  [as  novices'],  or  a  little  while 
after,  I  should  not  be  surprised.  What  will  you  do  with,  or  can  you  expect  from 
young  hair-brained  Americans  ?  particularly  if  they  enter  over  young,  though  within 
the  time  marked  out  by  the  Institute,  which  was  drawn  up  for  Europeans,  or  those 
accustomed  to  other  governments  than  ours,  and  who  were  not  so  infatuated  with 
the  sound  of  liberty  and  equality.  (Md.-N.  Y.  Province  Archives,  1815,  Feb.  20, 

B.  Fenwick,  New  York,  to  Grassi,  Georgetown.)  But  it  should  be  noted  that  the  actual 
experiences  on  which  this  unfavourable  judgment  was  based  had  been  with  young 
men,  not  merely  of  American  extraction  or  birth,  but  also  of  foreign  origin,  as  the 
catalogues  of  the  Maryland  Mission  show.    (Ibid.,  Liber  continens  uomen,  etc. ;  List 
of  Novices.) 


836  No.  178,  A2.     CARROLL  AND  PROPERTY,    1805-1814  [V 

A".  1812,  September  12. 

Bishop  L.  Neale,  Georgetown  (Visitation  concent1?),  12  Sept.,  18 12,  to 
Rev.  Mr.  Jn.  Grassi,  College.  An  indignant  protest  against  Grass? s 
criticism  of  recent in  action  at  the  Board  of  Directors.®2 

REVD  SR, 

By  a  letter  received  from  you  yesterday,  I  find  myself 
summoned  to  answer  for  my  past  proceedings,  whilst  a  Director  of  G.T. 
College,  at  the  bar  of  your  and  your  Consultors'  tribunal.  Without 
going  into  an  enquiry,  whether  you  and  your  Board  of  Consultors  have 
right  to  take  cognicence  of  my  proceedings  whilst  a  Director,  I  will  here 
answer  your  letter  in  that  spirit  of  mildness  and  simplicity  of  truth,  which 
I  was  taught  to  follow,  whilst  I  was  so  happy  as  to  be  a  member  of  the 
Society. 

The  forced  construction  you  and  your  Board  have  been  pleased  to  give 
to  those  words,  With  controul  over  and  management  of  the 
temporal  concerns,  does  not  show  cool,  calm  and  deliberate  dis- 
cussion, but  betrays  suspicious  intemperateness  and  agitation  of  mind. 
You,  Rev?  S',  by  your  appointment,  stand  precisely  in  the  same  situation 
as  I  myself  formerly  stood,  whilst  I  filled  the  office  of  presidency  in 
G.T.C.  The  Vice-President  had  then  the  controul  over  and  management 
of  the  temporal  concerns.  Neither  did  I  consider  that  a  mark  of  distrust 
in  me,  or  as  a  diminution  of  that  confidence,  which  I  might  have  thought 
myself  entitled  to  at  the  hands  of  the  Directors.  Even  in  the  Society 
itself  (tho'  the  present  case  is  not  totally  similar  in  all  its  points),  the 
Minister  in  every  college  had  the  controul  over  and  management  of  all 
those  temporal  concerns  committed  to  his  charge.  The  Procurator  also 
had  the  controul  over  and  management  of  the  procuratorial  concerns. 
Now  who,  with  cool  deliberateness,  would  ever  conclude  that  therefore 
the  Minister  and  Procurator  were  appointed  guardians  to  the  Rector  1 6S 

Before  the  close  of  your  letter  you  clearly  discover  the  intemperate 
hight  to  which  your  mind  is  raised,  either  by  your  own  unfounded 
suspicions,  or  the  tumultious  precipitancy  of  your  imprudent  Consultors. 
For  you  take  the  liberty  to  measure  my  friendship  for  the  Society  by  your 
own  intemperate  conclusions.  My  friendship  for  the  Society  is  not  to  be 
convulsed  by  any  such  false  measurement.  It  rests  upon  a  calm,  solid  and 
composed  basis,  the  very  same  on  which  the  Society  itself  rests,  viz.  the 
Spirit  of  God,  which  can  only  be  attested  to  the  exterior  by  a 
temperate,  prudent  and  undisturbed  meekness.  Tumult, 
precipitancy  and  agitation  are  not  the  marks  of  the  Spirit  of  God,  not 

61  That  it  was  recent  is  sJiown  by  Gmssi's  draft  of  his  answer  (infra,  B2 ),  and  his 
Diary  (ibid.,  note  64). 

62  Cf.  No.  179,  K.     The  Directors  were  Bisliop  Neale,  Matthews,  BiMizey,  Notlcy 
Young,  and  Enoch  Fenwick. 

a3  The  agent,  Francis  Neale,  Vice-President  of  the  College,  had  been  designated  as 
the  person  invested  by  the  Directors  witli  the  right  of  controul. 


§   is]         No.  178,  B2,  C2.     CARROLL   AND  PROPERTY,    1805-1814  837 

the  marks  of  the  spirit  of  the  Society.  It  is  from  this  disturbed  source 
that  you  have  concluded,  that  the  Society  is  injured  by  the  proceeding 
complained  of.  And  I  can,  with  all  truth  and  calmness  of  soul,  assert 
that  nothing  but  the  honor  and  true  interests  of  the  Society  led  me  to 
vote  for  the  same  proceeding.  With  the  true  spirit  of  charity  and  the 
sincerest  wishes  of  prosperity  to  the  Society  of  Jesus, 

Rev1.1  Sr,  I  remain, 

Yr  Most  Obdt  H.  S?, 

+  LEON?,  Bshp.  of  Grtna. 

B2.  (1812,  September  13.) 

Grassi's  draft  of  an  answer  (13  Sept.,  1812)  to  Bishop  Nettle's  Idler 
(supra,  A'2). 

TJte  various  steps  lie  had  taken  ;  three  days'  reflection,  then  consultation. 
He  had  consulted,  not  a  dictionary,  but  an  American  Jesuit  for  the  meaning 
of  the  word  controll.  He  had  not  meant  to  summon  the  bishop ;  he  only 
asked  for  the  meaning  of  a  word.  He  wrote,  but  first  showed  the  letter  to 
Bishop  Neale's  brother  (Francis),  and  to  no  one  else  in  the  house. 

My  complaint  is  founded,  1.  in  the  obvious  sense  of  controll ;  21y.  in 
having  never  been  expressed  for  any  other  but  for  me  ;  which  is  a  fact  to 
which  your  letter  declines  [to  answer  f\.  If  I  am  at  the  same  condition  as 
other  Presidents,  I  cannot  complain  ;  still  less  if  the  controll  means  no 
more  than  that,  that  FF.  Minister  and  Procurator  had  in  our  colleges  ; 
nor  am  I  injured  as  member  of  the  Society.  You  are  perfectly  justified  ; 
my  doubts  cleared."4 

C-.  1812,  September  14. 

William  Matthews  (a  Director),  14  Sept.,  1812,  to  Grass!.  A  concili- 
atory letter. 

He  explains  away  the  word  control.  Francis  Neale  had  been  Vice- 
President  under  Molyneux,  with  the  charge  of  temporal  concerns.  Then  F. 

04  Twelve  years  later,  the  question  at  issue  bctiucen  the  Corporation  and  the  Society, 
is  stated  with  precision,  infra,  No.  198,  B,  in  the  Esame  del  Fogli  giustificativi.  At 
present,  as  to  the  difficulty  with  Georgetown  College,  the  Board  of  Trustees,  at  its  next 
meeting  (22  Sept.,  1812),  a  week  after  Grassi's  last  letter,  held  the  usual  triennial 
election  of  Directors,  and  nominated  Bishop  Neale,  Grassi,  Francis  Neale,  Matthews 
and  EnocJi  Fcnwick.  Thus  Grassi  and  Francis  Neale  were  substituted  for  Bitouzey 
and  Notley  Young.  Cf.  No.  179,  Q. 

Grassi's  Diary  contains  the  following  data  regarding  the  question  of  control:  1812, 
. . .  Sept.  9,  Nel  libro  of  Consultors  vidi  che  Mr.  [Francis]  Neale  has  control,  etc.  11. 
Scrissi  ai  Direttori  cercando  spieg?"  of  the  ccutrol.  12.  Eicevei  risposta  dal  V? 
Neale.  13.  Scrissi  al  V1.'  Neale.  15.  Feci  visita  al  V<.>  Neale  ;  si  parlo  of  control  .  .  . 
22.  ...  Vi  fu  il  Meeting  [of  Trustees'] ;  al  dopo  pranzo  io,  come  Supre  de'  nri  [nostri"], 
furchiamato,  e  mi  si  disse  esser  risolto,  ed  io  1'approvai,  che  si  mettesse  il  Novizt0  a 
S.  Inigos  sino  a  tantoche  fosse  fabricate  etc.  a  White  Marsh.  Fui  fatto  anche 
Direttore  del  Collegio.  23.  Mr.  1'Arciv.  [Carroll]  venne  a  vedere  le  scuole,  etc.  Vi 
fu  aucora  meeting,  etc.  Mostrai  al  sud'.°  la  lettera  'di  Mr.  V.  Egan  (cf.  supra,  Z, 
note  59),  e  dal  P.  G!e  (cf.  supra,  X  ;  infra,  J2,  note  73).  (General  Archives  S.J.,  Diario 
del  P.  Giov.  Ant.  Grassi,  1804-1822,  No.  632,  as  infra,  p.  845 ;  under  date.) 


838  No.   178,  D-.     CARROLL  AND   PROPERTY,    1805-1814  [V 

Neale  became  President  (still  charged  with  the  temporalities).  Grassi, 
succeeding  F.  Neale  as  President,  ivould  have  had  the  double  charge  ;  and 
F.  Neale,  now  Vice-President,  should  have  taken  the  literary  department 
(for  lohich  he  ivas  not  competent).  The  example  of  Father  Wright,  pro- 
curator at  Stonyhurst,  loith  regard  to  the  President  there.  A  difference 
between  controller  and  overseer  ;  they  are  not  convertible  terms.65 

English  Province  Archives,  portfolio  6,  f.  104,  Extract  translated  (by  Ploio- 
den)  from  Mr.  Grassi's  late  Italian  letter,  Oct.  8,  .1811. — Md.-N.  Y.  Province 
Archives,  1812,  July  9,  Carroll,  Baltimore,  to  Grassi,  Georgetown ;  3  pp.  4to, 
No.  112.  Ibid.,  1812,  July  30,  Carroll,  Baltimore,  to  Beschter,  Lancaster ;  3  pp. 
4to,  No.  113.  Ibid.,  1812,  Sept.  12,  L.  Neale,  Georgetown,  to  Grassi,  at  College, 
Georgetown;  2pp.  small  4to.  Ibid.  (1812,  Sept.  13),  Grassi,  draft  of  answer  to 
L.  Neale,  on  3rd  p.  of  Neale' s  letter,  12  Sept.  Ibid.,  1812,  Sept.  14,  W. 
Matthews  to  Grassi. — General  Archives  S.J.,  Chartophylacium  P.  Desperamus, 
28  Apr./ 10  May  (N.S.),  1812,  Desperamus  to  Grassi.  Ibid.,  Epist.  VV.  GG.  in 
Russ.,  1809-14,  10  May,  N.S.,  1812,  the  General,  adding  supplement  to  the 
foregoing,  Desperamus  to  Grassi,  same  day. 

Now  occurred  the  sharp  issue  started  lay  Bitouzey,  a  secular  priest,  a 
member  of  the  Select  Body,  a  Trustee  of  the  same,  and  the 
manager  of  Wliite  Marsh.66  It  appeared  as  if  the  secular 
element  entertained  designs  on  the  Jesuit  property ;  and  Carroll 
alluded  to  a  possible  combination  among  several  members  whom 
he  named  (M2).  The  archbishop's  own  attitude  was  considered 
very  ambiguous  in  the  crisis. 

D2.  1812,  December  31. 

Carroll,   Baltimore,   31   Dec.,    1812,  to   Grassi,  Georgetown.     Items  of 
business. 

Cordial  salutation.  The  improvements  made  in  the  College.  Father 
Gary.  Rev.  Mr.  Ladaviere.  It  will  be  a  matter  of  delicate  management, 
considering  the  heterogeneous  composition  of  the  Select  Clergy,  to  invest 
with  money  and  authority  the  Superior  of  the  Society,  for  the  exclusive 
benefit  of  the  sick  members  of  his  body ; 67  but  think  on  the  subject  till  we 
meet,  when  all  in  my  power  shall  be  done. 

The  donation  of  two  cases  from  Belgium  ;  and  M.  Peemans' 6S  letter. 

65  This  answer  leaves  the  difficulty  just  where,  it  stood,  that  the  internal  affairs  of  a 
house,  under  a  Jesuit  Rector,  were  settled  by  an  extraneous  Board.  Grassi,  in  Jtis 
Meinoirs,  says  that  the  origin  of  the  restriction  imposed  upon  him  ivas  "  some  reluctance 
to  put  in  that  office  one  who  was  not  an  American  citizen.'"  He  adds  that,  after  liis 
remonstrance,  the  authors  of  this  trifling,  picciolezza,  "were  ashamed  of  it."  (Grassi's 
Memorie,  as  supra,  note  41 ;  p.  55.) 

a6  Cf.  No.  113,  A-0. 

67  Cf.  infra,  J2  ,  ad  note  74.     The  non-Jesuit  members   of  the   Select  Body  were 
already  provided  for,  during  their  natural  life,  by  resolution  13°,  24  May,  1803.     See 
No.  177,  A,  13? 

68  A  distinguished  benefactor  of  the  American  Mission.    A  letter  of  his  to  Card. 
Caprara  (1805)  is  summarized  with  others  in  a  Propaganda  document.     It  shows  not 
only  the  co-operation  of  Peemans  in  the  Jesuit  affairs  of  America,  but  also  the  attitude 
of  the  Propaganda  towards  the  re-establishment,  as  mentioned  above  (note  10,  ad  fin.). 
The  letter  of  Peemans,  as  well  as  the  other  two  summarised,  one  from  the  Nuncio  at 


§  15]          No.  178,  E2,  F2.     CARROLL   AND  PROPERTY,    1805-1814          839 

Messrs.  Neale  and  Bitouzey  were  appointed  by  the  Committee 
[Corporation  ?]  for  carrying  into  execution  the  resolve,  concerning  building 
new  accommodations  at  the  White  Marsh  for  the  novices  ; 60  and  I  am 
satisfied  that  they  will  perform  their  trust  with  care,  and  an  economy 
suitable  to  the  funds  of  the  Corporation.  Great  is  my  sollicitude  for  the 
Society  in  Russia  at  this  time ;  and  much,  very  much  indeed  is  it  now  to 
be  wished,  that  we  had  here  a  solemn  authentic  restoration,  to  repeal 
effectually  and  destroy  the  effects  of  the  Ganganellian  Brief. 

With  my  respects  to  the  Rev.  Mr.  F5  Neale,  be  pleased  to  ask  him,  if 
he  did  not  receive  my  letter,  inclosing  a  paper  from  Bishop  Egan ; 70 
whether  that  paper  was  satisfactory,  and  whether  he  wrote  so  to  the 
Bishop. 

I  am,  etc. 

E2.  1813,  April  23-29. 

Grassi's  Diary,  on  Bitouzey's  willingness  to  provide  for  the  novices  at 
White  Marsh,  and  to  cede  the  plantation  altogether ;  also  his  desire  that  the 
bishops  should  know  this.  Six  days  later,  Father  Beschter,  Master  of 
Novices,  going  to  visit  Bitouzey,  and  obtain  his  consent  for  the  removal  of  the 
novices  to  White  Marsh,  was  met  with  a  refusal.  Extracts. 

1813  .  .  .  Apr.  23.  Ritornaida  White  Marsh  in  gig,  etc.  leri  esposi 
a  Mr.  Bitoussay,  che  i  Novizi,  etc.,  in  caso,  etc.,  e  lo  trovai  in  ottima 
dispo".e :  q'lv  mattina  mi  disse  che  egli  era  pronto  di  cedere  la  plantazione, 
etc.  ;  che  lo  dicessi  ai  Vescovi,  etc. 

29.  Giov.  II  P.  Beschter  parti  con  un  novizio  per  ottenere  il  con- 
senso  di  Mr.  Bitouzey  d'andare  a  White  Marsh,  etc. ;  ritorno  avendolo 
rincontrato  e  ricusato,  etc.71 

P2.  1813,  April  24. 

Grassi,  Georgetown,  24  Apr.,  1818,  to  Father  John  Gary,  St.  Thomas's 
Manor.  Sketch  of  his  visit  to  the  Rev.  "  Norman  "  at  White  Marsh. 

.  .  .  Grassi  has  spent  four  days  at  White  Marsh,  with  the  Re?  Normand. 
He  has  been  very  kind  to  me,  as  well  as  to  the  young  Russian  [A  Divoff, 

Lisbon  about  Grassi  and  his  companions,  the  other  from  the  Vicar  Apostolic  of 
Constantinople  about  two  Jesuit  missionaries  who  appeared  there,  all  alike  suppose  or 
speak  of  the  Pope's  own  action  in  these  matters,  at  the  instance  of  the  King  of  Naples, 
the  General  of  the  Jesuits,  Father  Angiolini,  Jesuit  procurator  in  Italy ;  and  papers 
from  the  Archbishop  of  Mohilow  have  been  exhibited  by  Grassi  to  the  Nuncio  at  Lisbon. 
The  re-establishment  was  proceeding  throiigh  avenues  of  influence  quite  beside  the 
Sacred  Congregation,  as  the  title  itself  of  the  summary  intimates :  Notitiae  circa 
studia  Jesuitarum  intrandi  in  Chium,  Archipelagum,  American!  (ex  Russia).  E.g. 
V.  A.  Constantinopol.  (Propaganda  Archives,  Scritture  risguardanti  1'esecuzione  del 
Breve  di  Soppressione  de  PP.  Gesuiti  ne'  luoghi  di  Mission!.  1774.  Missioni. 
Miscellan.  T.  v. ;  ff.  413,  414.) 

89  Cf.  No.  179,  P,  9°  ;  Q,  [o?  ] ;  Proceedings  of  the  Corporation,  22  Apr.  and  22  Sept., 
1812. 

•°  Cf.  No.  179,  B. 

71  Cf.  No.  113,  D,  Bitouzey  (23  Oct.,  1813),  on  the  mission,  which  people  occasion- 
ally sent  down  here  [to  White  Marsh]  were  clothed  with. 


840  No.  178,  G2-J2.     CARROLL   AND   PROPERTY,    1805-1814  [V 

S.J.~\,  who  was  with  me.  All  the  timber  for  the  new  house  is  absolutely 
ready  ;  and  next  week  they  shall  begin  to  frame.  The  critical  position  at 
St.  Inigoes  (owing  to  the  British  fleet} ;  the  Trustees  have  consented  to 
making  White  Marsh  the  seat  of  the  novitiate.  R?  Mr.  Bitousey  very 
politely  told  me,  that  he  is  ready  to  do  everything  in  our  favour ;  the 
week  after  next,  there  shall  be  a  meeting  of  Trustees,  at  which  time  all 
this  business  of  the  novitiate  shall  be  settled.  .  .  . 

G2.  1813,  April  30. 

Carroll,  Baltimore,  SO  Apr.,  1813,  to  Grassi. 

On  the  sudden  and  unexpected  check  met  with  by  Beschter.  Mr. 
Bitousey's  conversation  with  him  was  unexpected  to  me,  tho  I  have 
long  since  suspected  in  him  a  secret  disaffection  to  the  Society ;  and  it  is 
much  to  be  lamented,  that  the  very  incompleat  re-establishment  of  its 
members  in  this  country  furnishes  many  arguments  to  their  enemies  and 
opposers,  to  cavil  at  and  dispute  their  existence  or  further  extension ; 7a 
but  how  Mr.  Bitousey  can  justify  his  expressions,  that  the  Society  did  not 
exist  here  nor  anywhere  else,  I  cannot  understand.  As  things  now  are, 
it  is  unfortunate  that  the  novices  were  not  left  at  St.  Thomas's  [!],  where 
there  is  room  enough,  till  everything  was  ready  at  the  White-Marsh,  and 
all  preliminaries  settled  ;  tho  certainly  Mr.  Bitousey's  uncourteous  opposi- 
tion could  not  be  foreseen,  after  his  friendly  language  to  you,  especially 
when  necessity  and  not  choice  commanded  the  removal  of  the  novitiate. 
I  dread  its  continuance  at  G.  Town  even  for  a  few  weeks.  Difficulties  of 
travelling.  Carroll  will  not  be  able  to  reach  Georgetown  and  attend  the 
Corporation  meeting  before  the  end  of  next  week. 

H2.  1813,  May  13. 

Carroll,  Annapolis,  IS  May,  1813,  to  (Grassi). 

Has  been  taken  sick  with  fever  and  ague.  He  cannot  reach  Georgetown 
till  beginning  of  next  week.  Mr.  Bitouzey,  in  consequence,  will  not  be  there 
earlier. 

J2.  1813,  May  17— June  11. 

Grassi's  Diary,  on  the  meeting  of  the  Trustees,  to  which  he  was  not  called. 
Meeting  of  the  Directors,  who  place  the  manager  of  St.  Inigoes  under  the 
control  of  the  president  of  Georgetown  College ;  and  provide  for  the  sick 
members  of  the  Society,  by  giving  them  a  right  to  maintenance  from  the 
College.  Removal  of  the  novitiate  to  Fredericktown.  Extracts. 

1813  .  .  .  Magg.  17.  Venne  FArch0,  e  gli  si  recitarono  alcuni  versi, 
etc.  Ci  fu  pranzo  de'  Trustees. 

18.  Meeting.  Presentai  all'  Arch?  la  mia  petizf,  etc.,  etc.  Me  disse  che 
mi  chiamerebbe  nel  Meeting. 

72  To  a  date  about  this  time  must  be  referred  the  paragraph,  attributed  to  Carroll,  as 
if  he  had  written  it  to  the  General,  Father  Gruber.     Set' No.  113,  S. 


§  15]         No.  178,  K--M-.     CARROLL  AND   PROPERTY,    1805-1814          841 

19.  Meeting  si  couchiuse,  e  non  fui  chiamato. 

21.  Ven.  Si  intimo  il  Directors'  Meeting.  Ricevei  letters  dal  P. 
Kohlman  colla  notizia  della  partenza  di  Mr.  Harold  e  Ryan. 

24.  Lun.73  Meeting  of  the  Directors,  in  sui  si  risolve  che,  non  potendo 
i  Direttori  cangiar  il  Menanger  [Manager]  di  St.  Inigoes,  q"  fosse  sotto  il 
controll  del  Presidente ;  21y,  che  tutti  i  menibri  della  Corup.  avrebbero 
diritto  di  esser  sostentati  dal  Col?  in  caso  di  infirmita,74  etc. 

29  May-11  June.  Trip  to  Fredericktown,  etc.  Mr.  Richard  MeSherry, 
Charlestoivn.  Harper's  Ferry.  Martinsburg,  Va.  Frederick  again.  11. 
Ven.  Cenai  col  P.  Beschter  e  iiovizi,  etc.  .  .  . 

K2.  1813,  May  17-19. 

Proceedings  of  the  Corporation,  17-19  May,  1813. 

.  .  .  9°  On  the  removal  of  the  novitiate  to  Frederick.     See  No.  179,  S. 

Ir.  1813,  May  28. 

Carroll,  Washington,  28  May,  181 3,  to  Father  Enoch  Femvick,  Baltimore. 

.  .  .  Mr.  Matthews  told  me,  that  he  had  written  to  you,  to  meet  the 
Directors  of  the  College,  last  Monday ;  I  knew  you  could  not  obey  the 
summons.  The  Trustees  came  to  the  resolution  of  removing  Mr.  Beschter 
and  his  novices  to  Frederic  Town  for  the  present.  The  presbytery  there 
may  suffice  for  a  time  for  their  accommodation.  Mr.  Bitousey  was  with 
us,  and  in  all  matters  seemed  to  go  with  the  other  members  of  the 
Corporation.  His  own  sickness.  Movements  of  Beschter  and  of  Grassi,  who 
proceeds  beyond  Frederick,  to  the  Sulphur  Springs,  for  the  recovery  of  his 
health. 

W.  1813,  June  8. 

Carroll,  Washington,  8  June,  1813,  to  Enoch  Fenwick,  Baltimore.  He 
alludes  to  a  combination  as  possible  among  non -Jesuit  members  of  the  Select 
Body. 

The  archbishop's  movements.  Why  Mr.  Grassi  is  displeased  at  the 
proceedings  of  the  Corporation,  I  know  not,  unless  because  the  noviciate 
was  not  established  at  once  at  the  White  Marsh ; — Mr.  Bitousey  highly 
disgusted  and  perhaps  provoked  to  resistance.  I  have  no  doubt  of  Mr. 
Grassi  having  been  the  instigator  of  the  precipitate  and  unnecessary 
removal  from  St.  Inigo ; 75  in  which,  however,  he  found  Mr.  Beschter 

73  Under  this  date  appears  a  petition  of  Grassi,  Jiimself  a  Director  of  Georgetown 
College,  addressed  to  the  Board  of  Directors,  from  whom  lie  desires  to  acquire  the  total 
and  independent  direction  [of  the  College],  both  spiritual  and  temporal,  such  being 
the  only  terms  admissible  by  the  Society  of  Jesus.      He  given  the  substance  of  the 
General's  letter,  10  May,  1812,  as  to  abandoning  the  college,  unless  a  suitable  arrange- 
ment is  made.     See  supra,  X.    (Georgetown    College   MSS.   and  Transcripts,  1813, 
May  24.) 

74  Of.  supra,  D2. 

«  Cf.  No.  179,  S,9v 

VOL.   I.  3   I 


842  No.  178,  M2.     CARROLL   AND  PROPERTY,    1805-1814  [V 

[master  of  novices]  a  ready  and  willing  cooperator.76     If  Messrs.  Bitousey, 
Pasquet,  Vergnes,  and  perhaps  Mr.  Debarth,77  should  coalesce  as  members 

7li  For  the  rest  of  the  Bitouzey  incident,  see  Nos.  113,  A-Q ;  179,  U. — How  com- 
pletely parties  were  working  in  contrary  directions  may  be  seen  from  two  letters  written 
about  the  same  time  by  Francis  Neale  to  Grassi,  8  July,  1814,  and  by  Carroll  to 
Grassi,  23  July,  1814.  The  former,  F.  Neale,  urges  on  Grassi  even  a  precipitate 
entry  into  White  Marsh,  in  order  to  obtain  possession  ;  and  he  seems  to  express  as  inucli 
fear  of  the  Corporation,  as  if  Bitouzey  alone  constituted  it.  The  Board  consisted  at  the 
time  of  Carroll,  Plunkctt,  Bitouzey,  besides  two  Neales,  Bishop  L.  Neale  and  Charles 
Neale.  Carroll,  on  the  contrary,  speaks  precisely  in  a  sense  which  would  seem  to  justify 
Francis  Neale's  apprehensions : 

Francis  Neale,  St.  Inigo's  Manor,  8  July,  1814,  to  Grassi.  On  sheep  and  men  ; 
ravages  of  the  British,  ivlw,  however,  say  they  will  not  touch  St.  Inigo's,  since  it  belongs 
to  the  Church.  On  Rantzau.  Get  to  White  Marsh,  as  soon  as  possible,  with  the 
novices.  This  measure  I  advise,  before  the  measure  already  adopted  can  be  changed 
by  the  Trustees.  Possession  is  of  great  importance. 

Carroll,  Baltimore,  23  July,  1814,  to  Grassi.  Answers  two  letters  of  Grassi,  loith 
apologies  for  delay,  ^f  The  concerns  of  the  White  Marsh  give  as  much  perplexity  to 
my  mind  as  to  yours  ;  and  the  perplexity  chiefly  arises  from  the  Agent  of  the  Corpora- 
tion [Francis  Neale]  continuing  to  hold  in  his  hands  the  management  of  the  St. 
Inigo  estate,  which,  as  you  know,  for  I  informed  you  officially  of  it  a  twelvemonth 
ago,  is  vested  in  you  as  President  of  the  College  ;  and  it  is  your  province  to 
designate  the  person,  to  whom  you  chuse  to  delegate  your  power.  Exceptions  to 
F.  Neale's  intervention,  except  in  extraordinary  cases ;  and  to  his  remaining  absent 
from  his  own  congregation  (at  Georgetown?),  as  well  as  from  the  agent's  office,  where 
business  is  in  suspense.  Besides  other  things,  which  suffer  from  his  absence,  a 
material  point  concerning  the  land  lately  sold  at  Deer  Creek  has  long  required 
immediate  decision  (cf.  No.  87,  F-H).  ^[  The  removal  of  Father  Beschter  and  the 
novices  to  White  'Marsh  is  full  of  difficulties  on  the  score  of  their  subsistance.  No 
appropriation  has  been  made  by  the  Trustees  of  the  property  of  that  place  for  such 
a  purpose ;  and,  whenever  that  comes  to  be  discussed,  objections  will  arise  from  the 
circumstance  of  other  and  prior  burthens,  for  which  that  estate  is  security.  Criticism 
on  the  complaints  of  Beschter  and  Brother  Mobberly  about  the  miserable  condition  of 
~Wliite  Marsh.  Carroll  refers  ivith  commendation  to  the  income,  which  Mr.  Bitousey 
constantly  raised  from  it,  whilst  there  was  any  price  for  Tob?  Carroll  describes  its 
equipments.  He  has  in  his  hands  $75,  left  him  by  Mr.  Bitouzey.  ^  Besides  Mr. 
Beschter,  I  contemplated  the  appointment  of  another  priest  for  the  neighboring 
congregations,  and  to  be  the  Manager  ;  which  I  deemed  incompatible  with  the  duties 
of  a  Master  of  Novices.  But,  since  your  letter,  this  will  be  suspended  till  further 
consultation.  Cf.  No.  173,  ad  note  16.  He  defers  speaking  of  other  matters. 

(Md.-N.  Y.  Province  Archives,  1814,  July  8,  F.  Neale,  St.  Inigoes,  to  Grassi.  Ibid., 
1814,  July  23,  Carroll,  Baltimore,  to  Grassi ;  3  pp.  4to,  No.  162.) 

In  these  tivo  letters,  the  cross  purposes  are  evident ;  and,  in  the  latter,  it  may  be 
observed  how  Carroll  contemplated  the  appointment  of  a  priest  (even  a  secular  ?)  as 
pastor,  no  doubt  to  be  supported  by  the  estate,  and  of  his  also  appointing  the  same  to  be 
the  temporal  .manager.  Here  it  would  seem  that  the  government  of  both  temporals  and 
spirituals,  to  be  administered  by  either  Jesuits  or  non- Jesuits,  had  virtually  passed  into 
the  hands  of  the  Ordinary.  In  the  former  letter,  Francis  Neale  makes  a  direct  move- 
ment towards  obtaining  possession,  no  longer  against  Bitouzey,  the  lodger,  but  against 
the  Corporation. 

To  finish  the  setting  of  the  scenes,  the  follmuing  may  be  added,  from  the  year  before. 

Gi-assi,  Georgetown,  25  Sept.,  1813,  to  Gary,  St.  Thomas's  Manor.  About  the  Rev. 
X.  Miqiiel,  who  applies  for  admission  into  the  Society.  Bitouzey,  who  has  resigned 
the  administration  of  White  Marsh,  has  asked  for  a  room  in  the  College,  and  Grassi 
has  not  refused.  The  Rev.  gentleman  also  says  that  he  wishes  to  be  replaced  at  the 
Marsh  as  soon  as  possible.  But  now  there  are  other  plans  in  his  mind ;  and  perhaps 
another  meeting ;  et  Deus  scit  quo  res  evadent.  Oh  India  !  India  !  0  Normand  ! 
0  Corporation!  .  .  .  (Ibid.,  1813,  Sept.  25,  Grassi  to  Gary.) 

77  This  is  a  different  combination  from  that  insinuated  by  Kohlmann,  14  Apr.,  1809. 
See  supra,  U.  Without  mentioning  the  names,  Carroll,  12  Dec.,  1813,  to  Ploivden, 
uses  emphatic  language  :  Stonyhurst  will,  with  God's  help,  weather  the  storm  prepar- 
ing against  it ;  unless  it  be  decreed  that  every  branch  of  the  Society  shall  still  be 
wounded  by  the  weapons  of  unextinguished  hatred  and  envy.  Here,  even,  some, 


§   15]  M>.  178,  N-.     CARROLL  AND  PROPERTY,    1805   1814  843 

of  the  Select  Clergy,  they  may  create  scenes  of  disturbance  and  mischief, 
which  would  be  in  fact  brought  about  by  our  foreign  and  precipitate 
Brethren,  ignorant  of  our  institutions,78  by  which  things  would  gradually 
come  to  that  state,  which  the  judicious  friends  of  the  Society  contemplate 
and  prepared  for. 

I  thank  you  for  the  communication  from  Mr.  Marechal.  My  best 
respects  to  him  and  his  Brethren  and  to  Mr.  Mertz.  Pleasantries. 

W.  1813,  December  24. 

Rescript  on  the  status  of  the  Jesuits  sent  to  the  General  in  Russia,  by 
the  Nuncio  at  Vienna,  Archbishop  Severoli,  under  date  of  24  Dec.,  1813. 
Answering  the  difficulties  of  the  Bishops  and  Vicars  Apostolic  in  England, 
Ireland,  America,  and  the  islands  of  the  ^Egean  SeaJ'J 

whom  we  had  associated  to  the  old  remnant,  and  made  partakers  of  all  the  profits 
and  prerogatives  attached  to  the  possession  and  govp.nmip.nt.  of  the  estates,  are 
incensed  at  the  admission  of  the  missionaries  from  Bussia,  and  dread  a  re-establish- 
ment. Artifice,  misrepresentation,  and  the  most  unfounded  suspicions  are  employed. 
(English  Province  Archives,  portfolio  6,  f.  108.)  Carroll's  phrase  about  every  branch 
of  the  Society  alludes  apparently  to  the  circumstance  that,  at  the  Suppression,  the, 
Jesuits  in  England,  Ireland,  and  America  had  escaped  the  general  expropriation  ivhich 
was  witnessed  in  other  countries. 

78  Cf.  No.  133,  P,  note  49. 

79  Cf.  No.  214,  K,  note  17,  Gradwell's  account  of  this  rescript,  to  the  effect  that  it  was 
surreptitious,  admitted  to  be  of  no  authority,  and  that  it  was  unknown  to  the  Arch- 
bishop of  Baltimore  till  1S24  (cf.  No.  130,  A),  that  it  was  then  produced  by  the  Superior 
of  the  Order  as  a  pretest  for  resisting  the  execution  of  the  Brief  of  23  July,  1822.    Since 
the  degree  of  accuracy  in  this  passage  is  characteristic  of  all  Gradwell's  historical 
accounts  and  writings,  many  of  which  are  exhibited  infra,  Section  VII.,  we  note  the 
following  points. 

As  to  its  being  unknown  to  the  Archbishop  of  Baltimore,  it  was,  on  the  contrary, 
communicated  by  the  ArcJibishop  of  Baltimore,  14  Oct.,  1814,  toGrassi,  Superior  of  the 
Jesuits  in  Maryland.  See  No.  130,  A,  note  2. 

As  to  its  being  produced  by  the  Superior  (F.  Neale),for  the  purpose  of  evading  the 
execution  of  the  Brief,  it  was,  on  the  contrary,  seen  by  Marechal  in  the  hands  of 
Dzierozynski,  and  a  copy  of  it  was  then  asked  for  by  him,  for  the  purpose  of  making  a 
remonstrance  to  the  Propaganda  on  the  subject  of  the  Society's  privileges.  See  No. 
130,  A,  ad  note  1. 

As  to  tJie  rescript  being  of  no  authority,  the  following  official  documents  show  it  to 
have  been  of  absolute  authority  : 

Card.  Pacca,  Secretary  of  State,  16  July,  1S14,  to  the  Nuncio  Severoli,  Vienna 
(three  weeks  before  the  Bull  of  universal  restoration,  Sollicitudo  omnium  ecclesiarum, 
was  published).  He  asks  the  Nuncio  about  the  special  Pontifical  faculty ,  which  had 
been  granted  by  the  Pope,  10  Nov.,  1813,  at  the  instance  of  the  'General  of  the  Jesuits  in 
Russia,  with  respect  to  the  status  of  clerics  and  priests  under  tJie  obedience  of  tlic  latter 
in  England,  Ireland,  America,  and  the  islands  of  the  JEqean  Sea.  It  is  presumed 
that  the  Nuncio  issued  a  special  decree,  but  they  have  not  been  notified  thereof  in  Rome, 
and  do  not  knoio  wlietlwr  the  Pontifical  grant  has  gone  into  operation  :  Nou  avendosi 
qul  notizia,  se  veramente  sussista  questa  dichiarazione,  e  per  conseguenza  la  grazia 
Pontificia,  si  compiacera  Ella  inforrnarmene  con  quella  sollecitudine  che  le  sara 
possibile. 

Severoli,  Vienna,  1  Aug.,  1814,  to  Pacca.  He  encloses  his  minutes  on  Russian 
affairs,  where  Pacca  will  find  his  rescript  "for  our  good  Jesuits,  wlwrn  I  need  not  com- 
mend to  your  Eminence  that  they  be  re-established  :'"  Non  tralascio  di  accluderle  colla 
maggiore  possibile  sollecitudine  i  fogli,  che  appartengono  al  mio  Bendiconto  della 
Bussia,  ove  trovera  il  mio  Bescritto  per  i  nostri  buoni  Gesuiti,  che  non  ho  bisogno  di 
raccomandare  a  V.  Em.  affinche  risorgano. 

Pacca,  1  Sept.,  1814,  to  Severoli.    As  to  tJie  contents  of  Severoli'' s  papers,  despatched 


844  No.  178,  O'.     CARROLL   AND  PROPERTY,    1805-1814  [V 

By  the  authority  of  Pope  Pins  VII.,  communicated  to  the  Nuncio,  10  Nov., 
1813,  the  latter  declares  that  clerics,  living  under  the  obedience  of  the 
General  Superior  of  the  Society  of  Jesus,  can  be  ordained  as  religious,  sub  titulo 
paupertatis ;  and  that,  in  those  countries  where  now  they  live  with  the  good 
pleasure  of  His  Holiness,  priests  under  the  same  obedience  enjoy  the  same 
privileges  as  the  members  of  the  Society  in  Russia.60  See  text,  No.  130,  A, 
p.  512,  Marechal's  letter,  20  July,  1824,  to  Card.  Delia  Somaglia. 

0\  1814,  January  (June  ?)  28. 

Carroll's  draft  of  letter,  28  Jan.  (Jun.  ?),  1814,  to  the  General  of  the 
Society.  A  portion  cancelled  contains  a  reference  to  the  property  of  the  old 
Society,  and  to  the  fidelity  of  the  ex-Jesuits  who  had  preserved  it. 

Carroll  has  received  the  General's  letters  of  20  Nov.,  1811,  and  of  15 
Sept.,  1812.  Grassi's  perfect  fitness  for  the  office  of  Superior.  No  need  of 
the  General's  excuses  for  not  appointing  Kohlmann.  Carroll  had  abstained  only 
out  of  delicacy  from  mentioning  Grassi,  as  being  so  young.  On  Grassi's 
relations  with  the  Trustees  in  undertaking  the  presidency  of  Georgetown 
College,  which  really  never  belonged  to  the  old  Society.81  The  precipitancy  of 
the  newest  Jesuit  arrivals  in  demanding  that  the  property  be  resigned  to  the 
Society,  and  thereby  fomenting  the  intense  jealousy  of  those  who  were  not 
members  of  the  Order.  Mihi  persuaseram,  singular!  Dei  beneficio,  et  cum 
magna  laude  Patrum  iiostrorum  facturn  fuisse,  ut  statim,  post  funditus 
extinctam  hie  Soctem  per  breve  Pontificium  an.  1773,  omnia  cujusvis  generis 
bona  ac  possessiones  non  vastarentur  ac  dissiparentur,  ut  ubique  fere  factuin 

> 

1  Aug.,  His  Holiness  revalidates  and  confirms  the  graces  mentioned  :  Riferito  alia  San- 
tita  di  Nostro  Signore  ilcontenuto  del  Fogli  da  V.S.  Ill  Via  rhnessi  con  Dispaccio  del  1 
decorso,  si  e  benignamente  degnata  la  Santita  Sua  di  accordare  la  necessaria  sanazione, 
rivalidazione,  e  conferma  delle  grazie,  delle  quali  fa  Ella  menzione  nel  dispaccio 
anzidetto. 

(Vatican  Archives,  Dispaccj  di  Mons.  Nunzio  Severoli,  etc.,  Pacca,  16  July,  1814 ; 
minute,  22.  Ibid.,  Severoli,  Vienna,  1  Aug.,  1814,  to  Pacca,  autograph ;  endorsed  : 
Arr.  li  18  d?  B?  li  30  d<?  ^f  48.  Sanazione  e  rivalidazioue  di  alcune  grazie.  All'  Emv 
di  Pietro  (Prefect  of  the  Propaganda).  Ibid.,  Pacca,  1  Sept.,  1814,  to  Severoli; 
minute,  48.) 

The  rescript  of  Severoli  had  practically  no  effect  in  America,  because  a  copy  of  it 
arrived  so  late  (cf.  No.  130,  A,  note  2)  tJtat  it  was  almost  immediately  superseded  by  the 
Bull  of  universal  restoration,  which  had  already  been  published  in  Borne  two  and  a  half 
months  earlier.  Cf.  infra,  P2 ;  No.  188,  A,  B. 

But  that  circumstance  does  not  affect  the  Gradwell  account  (No.  214,  H,  note  17), 
the  character  of  which  agrees  with  that  of  all  his  writings  exhibited  in  Section  VII. 
And,  not  to  repeat  there  the  estimate  to  be  formed,  we  leave  the  authenticity  of  his  con- 
tributions to  history  under  the  mild  censure  which  a  critic  delivers  on  other  critics  of  a 
passage  in  Cicero  :  Hie  etiam  sunt  varietates  non  tot,  quin  plures.  Quas  si  quis 
oscitare  velit,  et  nihil  discere,  legat  apud  Graevium.  Olivetus. 

80  There  is  much  in  the  General's  letters  about  this  rescript.     July  10,  1814,  he  asks 
the  English  Provincial  (Father  Stone),  ivhetlier  he  has  forwarded  the  copy  for  Grassi, 
since  the  communication  is  urgent,  "  especially  for  America,"  si  quid  est  alicujus 
moment!,  hoc  certe  est,  ac  praesertim  pro  America.     (English  Province  Archives,  vol. 
Litterae  Generalium,  /.  174.) 

81  Cf.  Nos.  164,  ad  note  3  ;  178,  F,  G.     From  these  passages  it  appears  that,  by  the 
title  of  exchange,  the  college,  was  to  be  classed  as  property  belonging  to  the  old  Society. 


§  15]  No.  178.     CARROLL'S  CONCORDAT,    1814,   1815  845 

est.8'2  Danger  of  the  same  loss  occurring  now.  Henri/  Carroll,  the  archbishop's 
relative,  takes  this  to  Rome.  It  were  desirable  that  Henry  should  go  to  Russia 
icith  it.83 

Md.-N.  Y.  Province  Archives,  1812,  Dec.  31,  Carroll,  Baltimore,  to  Grassi, 
Georgetown;  3  pp.  4to,  No.  119.  Ibid.,  1813,  Apr.  24,  Grassi,  Georgetown,  to 
Gary,  St.  Thomas's  Manor.  Ibid.,  1813,  Apr.  30,  Carroll,  Baltimore,  to  Grassi ; 
2pp.  4to,  No.  126.  Ibid.,  1813,  May  13,  Carroll,  Annapolis,  to  (Grassi)  ;  1  p. 
4to,  No.  127.  Ibid.,  1813,  May  28,  Carroll,  Washington,  to  Enoch  Femvick, 
Baltimore ;  2pp.  4to,  No.  128.  Ibid.,  1813,  June  8,  same  to  same;  3  pp.  4to, 
No.  129.— Ibid.,  Proceedings  of  the  Corporation,  17-19  May,  1813. — Baltimore 
Diocesan  Archives,  9  L,  Carroll,  28  Jan.,  (June?),  1814,  to  the  General;  3 pp. 
4to  and  3  H. ;  a  draft. — General  Archives  S.J.,  Grassi' s  Diary ;  Diario  del  P. 
Giov.  Ant.  Grassi,  1804-1822  (No.  632) ;  1823-1833  (No.  633) ;  2  vols.  8vo,  of 
quires  put  together  ;  ^mder  date. 

On  the  7th  of  August,  1814,  was  published  the  Bull,  Sollicitudo  omnium 
ecclesiarum,  restoring  the  Society  of  Jesus  in  full  canonical  form 
throughout  the  world.  A  copy  of  it  was  received  ~by  Archbishop 
Carroll,  on  the  evening  of  the  7th  of  December,  the  same  year. 
That  night  he  despatched  it  to  Father  Grassi,  with  a  letter  of 
Father  Charles  Plowden's.  On  the  9th,  Grassi  received  the 
packet ;  and,  on  the  llth,  the  archbishop  was  already  demanding 
a  return  of  the  miraculous  Bull  of  general  restoration.84'  On 
Hie  14th  of  February,  1815,  Grassi  received  letters  from  Faf///',- 

82  This  passage  is  in  a  part  of  the  draft  crossed  out.    The  substance  of  it  agrees  with 
a  paragraph  of  Marechal's  to  the  Cardinals.     See  No.    119,  [//.I,  commenting   upon 
No.  118,  §  2.     The  Register  of  the  General  is  wanting  from  the  end  of  1813  till  29  May, 
1816.    Hence  we  are  not  in  a  position,  by  inference  from  the  General's  answer,  to 
institute  a  comparison  between  what  Carroll  did  write,  and  what  is  now  found  to  have 
been  cancelled  in  the  Baltimore  Diocesan  Archives. 

83  At  the  date  of  this  letter,  the  Scveroli  Rescript  (N2)  had  not  yet  been  received  in 
America.     It  came  to  hand  only  in  Oct.,  1814,  enclosed  in  a  letter  of  Plowdcn,  19  Apr., 
1814,  to  Carroll.     (Md.-N.  Y.  Province  Archives,  1814,  Oct.  14,  Carroll,  Baltimore,  to 
Grassi.     Ibid.,  1814,  Oct.  19,  Grassi,  Georgetown,  to  Gary,  St.  Thomas's  Manor.)     See 
No.  130,  A,  note  2. 

On g(?)  30,  1814,  which,  if  it  means  30  Aug.,  was  more  than  three  weeks  aftfr 

the  publication  in  Rome  of  the  Bull  of  Restoration,  Carroll  wrote  to  Grassi  about  the 
measures  he  was  taking  on  behalf  of  the  re-establishment : 

On  Mr.  McConnell,  Mr.  Connor,  and  Georgetown  College.  On  Father  Beschter. 
Nor  have  I  been  able  to  make  much  progress  in  my  correspondence  with  Rome  ;  so 
terribly  am  I  interrupted,  both  by  my  own  uneasiness  for  my  friends  in  Washington, 
George  Town,  etc.,  and  the  constant  rumours  and  agitations  in  this  city  [owing  to  the 
presence  of  the  British  fleet].  When  I  send  new  dispatches  to  Rome  on  the  subject 
so  near  to  our  hearts,  my  petition  must  be  better  systematised  than  the  former  one  ; 
and  I  dread  greatly  a  reference  of  it  to  the  Congreg"  of  the  Prop^1" ,  which  must  have 
changed  much,  if  it  do  not  put  every  obstacle  in  the  way  of  our  success.  How  much 
caution  must  then  be  used  !  for  the  chief  reliance  must  be  on  providence ;  yet  all  the 
Xtian  means  of  prudence  are  to  be  used,  in  order  to  secure  success.  May  heaven  pre- 
serve you  in  these  troublesome  times  ! 

I  am,  R.  &  h<!  Sir, 

Y.rmost  ob.  S' 

+  J.  Abp.  of  B. 

(Ibid.,  1814,  Aug.  (?)30,  Carroll  to  Grassi;  2pp.  4to,  No.  165.) 

84  Md.-N.  Y.  Province  Archives,  1814,  Dec.  7,  Enoch  Femvick,  Baltimore,  sending 
the  copy  by  order  of  the  archbishop.  Ibid.,  10  11  Dec.,  Carroll  to  Grassi.     &?eNo.lS8, 
A,  B. — General  Archives  S.J.,  Grassi's  Diary,  9  Dec.,  1814. 


846  Ar<7.  178,  P-,  Q-.     CARROLL'S   CONCORDAT,    1814,   1815  [V 

General,  Mr.  Cross  (Father  Tristram95),  and  Father  Nicola 
(Nicholas  Sewallf),  with  a  printed  copy  of  the  Brief. ,86  This 
date  marked,  no  doubt,  the  fulfilment  of  Carroll's  expectations, 
when  he,  looked  forward  to  the  receipt  of  an  authentic  and 
official  copy  of  the  Bull. 

P2.  1814,  December  10-11. 

Carroll,  10-11  Dec.  (1814),  to  Grassi.  On  the  Bull  of  restoration.  Sec 
No.  188,  B. 

.  .  .  Dec.  11.  The  other  side  could  not  be  finished  yesterday.  As 
soon  as  the  authentic  and  official  copy  of  the  Bull  is  received  (Mr. 
Plowden's  MS.  was  returned  yesterday,  according  to  request),  I  will  see 
what  public  notice  can  be  taken  of  it ;  and,  on  your  side,  you  will  do  all 
that  the  occasion  calls  for.  You  have  so  many  young  men,  that  are 
undoubtedly  getting  copies  made  for  St.  Thomas's,  Conewago,  and  New 
York.  Laudemus  Deum  et  exultemus  in  eo. 

T>(  Sir, 

Ever  Y1?, 

+  J.,  Abp.  of  B. 

Q2.  1814,  December  17. 

Carroll,  17  Dec.,  1814,  to  Grassi.  He  proposes  the,  settlement  of  a 
perfect  understanding  "between  the  bishops  in  America  and  the  restored 
Society.  He  proposes  to  publish  a  pastoral  on  the  restoration. 

REV.    AND    RESPECTED    SlB, 

When  it  is  perfectly  convenient  to  all  parties,  a  con- 
ference must  be  held  to  settle  a  perfect  understanding  for  their  future 
conduct  between  the  Ordinaries  and  Superior  of  the  Society,  in  the 
United  States,  so  that  there  may  be  no  conflict  of  jurisdiction,  and  source 
of  dissension  hereafter.8"  It  is  probable  that  B'1  Fr.  General,  when  he 

85  Cf.Md.-N.  Y.  Province  Archives,  1815,  June  1,  Joseph  Tristram  (Cross),  London, 
to  Grassi.  About  a  long  packet  now  going  from  Mr.  Dunn  for  Grassi.  Tristram  had 
sent  the  Bull  of  Re-establishment  by  Mr.  H.  Carroll,  when  he  returned  to  America, 
and  several  letters  from  St.  Petershourg,  at  other  times.  As  to  H.  Carroll,  cf.  supra,  O2. 

8ti  Grassi' s  Diary,  under  date.  Two  days  later  (16  Feb.,  1815),  the  project  of  placing 
tlw  novitiate  in  Washington  is  started  :  Feb.  16,  Giov.  Andai  a  White  Marsh,  dove  i 
Novizi  aveano  giorno  di  respiro,  etc.  Progetto  di  aver  il  Noviztc?  a  Whasington,  etc. 

87  Some  implications  in  this  letter  are  obscure.  Carroll  seems  to  have  in  view  an 
understanding  on  matters  more,  general  than  such  as  would  fall  under  local  agreements 
or  concordats  between  bishops  individually  and  regulars  in  their  dioceses.  He  speaks 
of  a  conference  between  the  Ordinaries  and  Superior  of  the  Society,  in  the  United 
States.  The  subject-matter  is  clearly  the  operation  of  a  Pontifical  Bull.  The  inter- 
position of  a  national  hierarchy,  to  settle  a  perfect  -understanding  cm  such  a  subject, 
had  antecedents  in  the  history  of  Gallicanism.  It  may  be  to  this  thatKohlmann  refers 
in  the  next  document  (R2)  as  an  incomprehensible  phrase  of  the  archbishop. 

The  passage  agrees  with  the.  spirit  of  a  sentence  contained  in  the  document  of  1787 
given  above  (No.  153,  B,  ad  note  12),  which  was  signed  by  Carroll,  Prefect  Apostolic, 
with  other  members  of  the  Select  Body.  There  an  implication  doubly  erroneous  was 
conveyed,  that  exemption  from  episcopal  jurisdiction  is  not  an  essential  condition  of 
regular  Orders,  and  that  the  services  of  the  Society  in  particular  had  been  used  by  prelates, 
without  the  observance  of  such  a,  condition.  A  sufficient  commentary  on  this  conception 


§  I)]  No.  178,  Q-.     CARROLL'S  CONCORDAT,    1814,   1815  847 

transmits  to  you  his  notification  of  the  late  most  marvelous  and  provi- 
dential event,  will  suggest  some  considerations  which  have  occurred  to 
him  on  the  subject  of  the  intercourse  between  the  Bishops  of  the  various 
dioceses  and  members  of  the  Society.  You  must  not  put  it  out  of  your 
mind  that  B'?  Neale  and  myself,  as  we  are  now  the  only  prelates  who 
were  ever  Jesuits,  so  probably  we  may  be  the  last,  who  will  ever  be 
called  to  govern  any  of  the  Churches  in  this  country.  It  is  therefore  of 
importance  to  establish  a  precedent,  as  will  convince  our  successors  of  its 
being  for  the  advantage  of  their  dioceses  to  live  in  perfect  intelligence 
with  the  Regular  Clergy,  and  especially  our  Brethren,  in  such  manner 
that  these  may  exercise  the  functions  of  the  ministry,  both  in  due  sub- 
ordination to  episcopal  authority,  and  likewise  in  compliance  with  the 
obedience  due  to  their  religious  Superiors.  Various  points  of  business,  con- 
cerning Bantzau,  Gary,  the  novitiate,  etc. 

When  the  official  information  of  the  restoration  is  received,  I  propose 
to  myself  to  make  a  public  notification  of  that  memorable  event. 

I  am,  etc. 

is  contained  in  the  Schema  Constitutionis  de  Begularibus,  Patrum  Concilii  Vaticani 
exarnini  propositum,  where,  among  other  reflections,  occurs  the  folloiving  passage  :  Nee 
silentio  praeterire  expedit,  nonnullos  etiam  aliunde  spectatos  viros  specie  boni 
deceptos  in  Begularium  exemptiones  insurgere,  ininime  advertentes,  eas  antiquitate 
ipsa  esse  confirmatas,  earum  utilitatem  et  necessitatem  ab  Apostolica  Sede  pro- 
clamatam,  et  exernptiouum  abrogationem  autonomiam  Ordinum  regularium,  eorum 
vim  et  unitatern  destruero,  ita  ut  ad  dioecesanas  institutiones  sine  nexu,  sine 
uniformitate  reducerentur  (Juris  Pontificii  de  Propaganda  Fide  Pars  Prirna,  (De 
Martinis),  VI.,  ii.  419).  The  very  Bull  for  the  Society's  restoration,  Sollicitudo 
omnium  ccclesiarum,  which  ivas  the  origin  of  all  this  discussion,  referred  to  the 
discipline  of  such  regular  Orders,  and  called  it  "  the  splendor  and  pillar  of  religion 
and  the  Catholic  Church"  religionis  et  Ecclesiae  Catholicae  splendor  et  columen,  in 
subordination  to  one  Ordinary,  the  Pope  of  Rome,  and  in  exemption  from  the  division 
and  disunion  resulting  from  subjection  to  many  Ordinaries.  Nevertheless,  Carroll 
returns,  two  months  later  th,an  the  date  of  the  present  letter,  to  the  idea  of  a  transaction 
between  Ordinaries  and  the  Society  on  the  subject  of  privileges  which  seem,  however,  to 
be  of  a  less  fundamental  character  than  the  exemption  from  episcopal  jurisdiction 
(No.  188,  E). 

On  the  other  hand,  over  against  all  this,  we  have  heard  Carroll  pleading  for  the 
restoration  of  the  Society  in  its  genuine,  unmitigated  form,  both  as  regarded  head 
and  members  (supra,  F,  note  13). 

Perhaps  the  obscurity  which  Jiangs  over  these  conflicting  views  may  be  cleared  away 
by  considering  that  there  were  two  different  states  of  the  wlwlc  question,  as  touching  the 
Ordinary  or  Ordinaries  of  America.  One  was  that  of  obtaining  the  Jesuits  again.  The 
other  was  that  of  using  them  in  the  quasi-parochial  stations  of  a  diocese.  The  latter 
interest  differed  considerably  from  the  former.  The  Jesuits,  now  reconstituted,  were 
projecting  a  new  organization  of  the  members  of  the  Society,  and,  as  Carroll  feared, 
they  would  leave  the  congregations  unprovided  (infra,  S°).  This  meant  that  they  were 
going  to  actuate  the  full  purposes  of  their  Institute  in  a  ivay  which  not  even  the  old 
Jesuit  Mission  of  Maryland  had  witnessed.  In  all  cases,  it  meant  independence  as  to 
the  quasi-parochial  tuork  of  manning  stations  for  the  diocese.  To  save  the  stations, 
and  to  keep  the  Jesuits  in  local  service,  Carroll  took  the  very  high  stand  of  propounding 
a  revision  of  their  status — a  revision  for  which  neither  they  nor  the  Ordinaries  were  at 
all  competent ;  and  from  this  side  of  the  question  Grassi  spoke,  wlicn  he  said  tartly  to 
Kohlmann,  "  whether  he  [Carroll]  likes  it  or  not,  we  can  do  what  seems  to  us  good,  and  to 
the  greater  glory  of  God  "  (V2).  But  a  more  practical  measure  ivas  that  which  he  reverted 
to  frequently  in  this  last  year  of  his  life,  as  the  documents  here  show  (infra,  S2-G3 ; 
cf.  No.  188,  F-L).  He  proposed  a  concordat  between  himself  and  the  Jesuit  Superior, 
by  which  the  latter  would  bind  himself  to  take  over  certain  postst  in  permanency,  and 
possibly  would  also  grant  other  advantages  to  the  diocese  (cf.  No.  188,  note  15). 


848  No.  178,  E-,  S!.     CARROLL'S   CONCORDAT,    1814,  1815  [V 

B2.  1814,  December  19. 

Father  Anthony  Kohlmann,  New  York,  19  Dec.,  1814,  to  Grass!.  On 
demanding  a  transfer  of  the  Jesuit  property  from  the  Corporation  to  the 
Society. 

Eloquent  pages  of  jubilation  at  the  restoration.  Many  points  of  business. 
Kohlmann  has  just  been  ordered  back  to  Maryland  by  Grassi.  One  passage  is 
on  the  rights  of  the  Society  to  its  old  property,  and  the  view  taken  by  Carroll. 

...  I  think  it  will  be  but  right  to  demand  the  property  belonging  to 
the  Society,  for  we  demand  nothing  but  what  justice  demands ;  neither 
can  I  see  how,  without  violating  all  the  rules  of  strict  justice,  probity  and 
common  decorum,  they  can  continue  to  refuse  to  restore  them,  tho'  R.  F. 
[Benedict]  Fenwick  apprehends,  they  will  not  fail  to  create  new  difficulties. 
The  phrase  of  our  V'f  Arch,  is  incomprehensible  to  me  in  every  respect.88 
Points  of  business.  Good  Mr.  Mathews,  if  received  [into  the  Society],  may, 
according  to  Mr.  Fenwick,  diminish  the  number  of  our  opponents ;  but,  to 
enter  truly  into  the  spirit  of  the  Society,  it  will  require  more  than  a 
month's  exercise.  Further  business. 

S-.  1814,  December  27. 

Carroll,  Baltimore,  27  Dec.,  1814,  to  Grassi.  He  proposes  a  conference 
with  a  view  to  providing  for  missions  in  the  diocese  by  means  of  the  Jesuits. 

He  animadverts  on  Grassi's  intentions  regarding  a  new  organization  of 
the  members  of  the  Society.  Political  considerations,  and  also  prudential 
motives  arising  from  the  attitude  of  persons  in  the  Select  Body,  suggest  caution. 
SeeNos.  113,  P;  188,  D. 

He  continues:  As  to  the  proposal  of  withdrawing  those  who  are 
employed  in  the  care  of  souls,  to  bring  them  back  to  the  exercises  of  ,1 
community  life,  and  in  the  mean  time  to  leave  the  cong".s  unpro- 
vided, [it]  would  be  a  measure  too  inconsistent  with  that  charity  and 
those  obligations,  which  cannot  be  dispensed  with.  The  restoration  of  the 
Society  to  its  antient  perfect  state  must  be  the  effect  of  time.  On  this 
subject,  much  more  may  be  agreed  on  in  a  conference.89  A  canonical 
difficulty  against  recalling  Kohlmann,  Vicar  General  of  the  New  York  diocese, 


SB 


Cf.  Q2  ,  note  87.  As  is  evident  from  this  correspondence,  the  view  taken  by 
the  foreign  Jesuits  agreed  with  those  of  the  American  party,  on  the  subject  of  Arch- 
bishop Carroll's  policy.  For  instance,  Charles  Ncale,  answering  Grassi  on  the 
Bitouzcy  affair  (12  Oct.,  1813),  added  a  P.S.  on  the  archbishop.  He  wrote  in  the 
letter  :  .  .  .  All  that  I  can  say  is  that  I  am  very  sorry  that  the  Rev.  Betousey  is  so 
tardy,  but  I  must  own,  that  I  expected  nothing  else  from  him,  and  the  Rev.  Will. 
Matthews.  Your  observation,  respecting  the  similar  treatment  of  Xsts.  follows,  etc., 
[Christ's  followers  ?]  is  what  I  have  often  made.  It  gives  me  comfort  and  insures  us 
of  success.  His  own  low  state  of  health.  P.S.  You  must  not  wonder  if  you  find  the 
ArchB.  more  inclined  to  favour  other  than  the  Society.  He  has  always  been  so. 
(Md.-N.  T.  Province  Archives,  1813,  Oct.  12,  C.  Nealc,  S.J.  +  ,  to  Grassi.) 

89  The  context  here  implies  that  the  concordat  projected  by  Carroll,  and  carried  into 
execution  by  his  successor,  L.  Neale,  was  conceived  by  the  Ordinary  in  the  interest  of 
the  diocese.  Cf.  infra,  V2,  note  103. 


§   15]  No.  178,  T2.     CARROLL'S   CONCORDAT,    1814,   1815  849 

without  the  intervention  of  a  competent   authority,  which  docs  not  exist  in 
America.     Kohlmann  himself  cannot  subdelegate.90     Further  business. 

T2.  1815,  January  5. 

Carroll,  o  Jan.,  1815,  to  Ploicden.  On  the  restoration  of  the  Society, 
prospects  in  America,  the  attitude  of  himself  and  Bishop  Neale,  the  hostility 
possible,  and  actual  of  others,  some  of  them  being  members  of  the  Select  Body. 

MY    DEAR    AND    RESPECTED    SlR, 

Your  most  precious  and  grateful  favour  of  Oct'  8,  accompanied 
by  a  copy  of  the  Bull  of  restoration,  was  received  early  in  Dec'.,  and 
diffused  the  greatest  sensation  of  joy  and  thanksgiving,  not  only  amongst 
the  surviving  and  new  members  of  the  Society,  but  also  all  good  Christians 
who  have  any  remembrance  of  their  services,  or  beared  of  their  unjust  and 
cruel  treatment,  and  have  witnessed  the  consequences  of  their  Suppression. 
But  your  letter  of  Sep'  27,  to  which  you  refer,  has  not  been  received,  nor 
any  other  copy  of  the  Bull,  nor  a  scrip  of  paper  from  Koine  since  the 
Pope's  delivery  ;  though  I  have  written  by  various  ways,  and,  the  last 
time,  enclosed  my  letters  to  the  Nuncio  at  Paris.  You,  who  know  Rome, 
may  conceive  my  sensations,  when  I  read  the  account,  transmitted  in  your 
most  pleasing  letter,  of  the  celebration  of  Mass  by  His  Holiness  himself  at 
the  superb  altar  of  St.  Ign.  at  the  Gesii,  the  assemblage  of  the  surviving 
Jesuits  in  the  chapel  to  hear  the  proclamation  of  their  resurrection,  the 
decree  for  the  restitution  of  the  residence  in  life  and  scene  of  the  death  of 
their  Patriarch,  of  the  novitiate  of  S.  Andrew,  its  most  enchanting 
church,  and  the  lovely  monument  and  chapel  of  S.  Stanislaus,91  which,  I 
fondly  hope,  have  escaped  the  fangs  of  rapine  and  devastation.  Is  there 
no  hope  that  these  acts  of  justice  and  religion  will  be  followed  by  the 
restoration  likewise  of  the  Roman  College,92  the  magnificent  church  of  St. 
Ignatius,  and  the  wonderful  monument  of  S.  Aloysius  ?  If,  as  I  believe, 
they  were  appropriated,  not  to  private  uses,  but  to  become  the  public 
university  of  the  city  and  diocess  of  Rome,  they  will  be  restored  to  their 
former  owners  with  less  difficulty.  But  how  many  years  must  pass,  before 
these  houses  will  be  repeopled  by  such  men  as  we  have  known,  whom 
sanctity  of  manner,  zeal  for  the  divine  glory,  science,  eloquence,  and  talents 
of  every  kind  rendered  worthy  of  being  the  instruments  of  Divine  Provi- 
dence to  illustrate  His  Church,  maintain  its  faith,  and  instruct  all  ranks 
of  human  society  in  all  the  duties  of  their  respective  stations.  When  I 
consider  the  length  of  preparation  required  to  renew  this  race  of  men,  my 
apprehension  is  that  the  friends  of  the  Society  will  be  too  precipitate,  too 
hasty,  in  expecting  benefits  from  it,  before  its  pupils  will  be  mature  enough 
to  produce  them.9"  I  was  sorry  to  notice  that  you  apprehended  opposition 

90  Cf.  infra,  Y2,  p.  857. 

1  Cf.  No.  187,  F,  note  31. 

2  Cf.  No.  201,  G,  ad  note  8,  Gradwell's  language  on  tlie  same  subject. 

93  Cf.  No.   194,  C,  D,  Duboury's  views  of  Jesuit  formation,  and  tlic  General's 
rectification  of  tliem. 


850  No.  178,  U2.      CARROLL'S  CONCORDAT,    1814,   1815  [V 

in  England  to  its  existence  there,  and  of  course  in  Ireland,  notwithstanding 
the  favourable  disposition  of  the  Irish  Bishops.  This  commendation  of 
them,  and  particularly  of  the  M.  Rev.  Archbishop  of  Dublin94  was  the 
more  agreeable  to  me,  because  I  always  esteemed  and  thought  him  a  real 
friend  of  the  Society. 

Here  I  do  not  discover  any  sensation  of  hostility  in  our  general  or  any 
of  our  state  governments  ;  little  is  said  in  the  public  papers  of  the  event  of 
the  re-establishment.  In  consequence  of  the  law  which  was  obtained  some 
twenty  years  ago,  and  had  become  necessary  for  securing  our  old  estates  to 
the  purposes  of  religion,  it  will  be  our  duty  to  observe  the  forms  of  the  law, 
to  subsist,  and  quietly  let  the  property  pass  into  the  hands  of  Trustees, 
who  will  all  be  members  of  the  Society.95  Their  vows  and  principles  will 
direct  them,  how  and  by  whom  the  estates  must  be  administered  for  the 
services  of  the  country  and  religion.  You  express  a  wish  that  all  the  old 
members  should  now  return  to  the  embraces  of  their  beloved  mother.  Of 
those  mentioned  by  you,  the  good  Mr.  Pile  has  been  dead  nearly  two  years 
ago.  I  much  doubt  whether  Mr.  Ashton,  whom  I  have  not  seen  for 
several  years,  will  be  disposed  to  do  so,  or  whether  Mr.  Grassi  wishes  it. 
Concerning  Bishop  Xeale  and  myself,  it  seems  to  us  that,  till  more  is 
known  of  the  mind  of  our  rulers,  it  might  not  be  for  the  interest  of  our 
Brethren,  even  if  his  Holiness  would  allow  us  to  vacate  our  Sees,  to  expose 
their  concerns  to  successors,  unfriendly  perhaps  or  liable  to  be  imposed  on 
by  malicious  misrepresentations.  This  matter  however  has  not  yet 
received  my  full  consideration.  If  you  should  learn  hereafter,  that 
difficulties  have  arisen  concerning  the  Society  in  this  country,  you  may  be 
assured  that  the  open  or  secret  authors  of  the  opposition  are  certain  foreign 
ecclesiastics  (not  one  of  whom  is  of  that  respectable  body,  the  Sulpicians), 
who  after  a  hospitable  reception  and  ample  participation  of  the  product  of 
our  estates,  proportioned  to  their  services,  took  offence  at  every  arrange- 
ment, preparatory  to  the  now  contemplated  restitution  of  the  property. 
Some  of  these  persons  would  at  once  sell  and  divide  it  amongst  the  officiat- 
ing clergy.  .  .  . 

Ua.  1815,  February  21. 

Carroll,  Baltimore,  21  Feb.,  1815,  to  Grassi.     An  outspoken  and  indig 
nant  vindication  of  himself. 

On  Grassi's  undeserved  insinuations  that  Carroll  was  lax  in  forwarding 
the  interests  of  the  Society  and  helping  to  reinvest  the  Order  with  Us  old, 
property.  He  had  considered  suggestions  of  zeal  in  that  direction  to  be  so 
precipitate  as  to  endanger  harmony,  to  hurt  the  Society,  and  to  embarrass  his 
own  conscience,  as  long  as  the  Ganganellian  Brief  remained  unrepealed. 
See  Nos.  113,  Q;  188,  E. 

!'4  Dr.  Troy.     Cf.  supra,  V. 

9:1  Cf.  No.  124,  C,  (7«),  p.  489,  where  this  contingency,  when  it  had  become  an 
accompiislied  fact,  is  used  by  Marechal  as  part  of  his  argument  for  taking  over  the 
property. 


§  15]  No.  178,  U2.     CARROLL 'S  CONCORDAT,  1814,  1815  851 

He  continues  :  For  niy  theology  forbade  me  to  allow,  that  pretended,  or 
even  acknowledged  vivae  vocis  oracula Hti  were  of  sufficient  authority  to  set 
aside  the  public,  solemn  acts  of  Pontifical  jurisdiction,  wherever  they  had 
been  proclaimed,  admitted,  and  long  submitted  to.  I  therefore  could  not, 
as  long  as  there  was  no  public  instrument  from  His  Holiness,  allowing  the 
bishops  to  ordain  titulo  paupertatis  religiosae,  admit  on  that  ground  to 
Holy  Orders  those,  who  had  associated  themselves  with  the  Society  in 
Russia.97  Till  such  an  instrument  was  issued,  I  think  that  the  English 
VV.AA.  [Vicars  Apostolic],  as  well  as  the  bishops  in  Ireland,  were  quite 
correct  in  refusing  to  ordain  the  pupils  of  Stonyhurst  and  Hodder  House 
titulo  paup.  &c.,  whatever  my  friend  Mr.  [Charles]  Plowden  may  say,  who 
on  this  point  would  not  be  supported  by  his  Br.  [brother]  Robert,  the  more 
solid  divine  of  the  two.98  Besides  the  matter  of  ordination,  there  were 
other  points,  on  which  my  judgment  was  nowise  satisfied,  concerning 
those  who  became  associated  in  this  country  to  your  Brethren  in  Russia. 
In  foro  externo,  as  the  General  himself  declared,  they  were  not  a  religious 
body,  they  held  no  common  interest,  and  they  were  not  w  united  in  com- 
munity, [but]  only  by  the  bonds  of  charity,  being  in  the  eye  of  ecclesiastical 

(d)  Net,  inserted  over  the  line,  awl  "  but "  not  supplied. 

90  Cf.  supra,  note  10. 

"•   Cf.  No.  192,  D,  note  11 ;  Y. 

"8  Cf.  supra,  N2  ,  the  Severoli  rescript,  24  Dec.,  IS13.  Respecting  the  attitiide  of 
Dr.  Carroll  toiuards  certain  theological  opinions  from  the  time  of  the  Suppression,  an 
examination  of  the  question,  as  illustrated  in  his  voluminous  documents,  must  be 
reserved  to  a  siibsequent  volume  of  the  Text.  His  siding  with  Robert  Plowden  here 
would  indicate  that  Carroll  was  as  far  out  of  touch  with  the  whole  body  of  English 
Jesuits  as  the  Neale  party  considered 'he  was  out  of  sympathy  ivith  the  American  Jesuits. 
Tlie  relations  of  Robert  Plowden  with  his  ex- Jesuit  brethren  had  been  abnormal  during 
tlie  thirty  years  of  Suppression.  His  conduct,  so  entirely  different  from  Carroll's,  and 
his  opinions,  somewhat  less  divergent  from  those  which  Carroll  is  propounding,  may 
be  inferred  from  a  few  passages  selected  out  of  the  English  Province.  Archives : 

Strickland,  -  -  1799,  to  Mr.  Couchc,  Hants.  Robert  Plowden,  he  says,  obtained 
£750  belonging  to  the  foundation  of  Bristol  (R.  Plowden'' s  mission),  promising  the 
Office  solemnly  to  make  over  both  house  and  chapel,  in  trust  for  his  brethren  and  their 
elevcs.  But  he  no  sooner  got  the  money,  than  he  made  over  the  premises  to  the 
bishop  of  the  Western  District,  and  grossly  insulted  me,  when  I  demanded  the 
security  he  had  promised.  He  would  have  done  the  same  with  respect  to  the  property 
of  S[cm£/i]  Wales,  if  he  could  have  got  possession  of  it.  It  is  his  principle  that  the 
VV.AA.  are  the  only  proper  trustees  for  all  ecclesiastical  property.  (English  Province 
Archives,  Strickland's  Letters,  ff.  82"-S3.) 

Nicholas  Sewall,  25  Apr.,  1801,  to  Strickland,  enclosing  a  copy  of  Father  JoJmson's 
letter,  which  he  quotes.  Robert  Plowden  liaving  printed  a  letter,  expressing  his  dis- 
pleasure at  the  mode  adopted  by  his  brethren  for  administering  the  common  property, 
Mr.  Johnson  was  desired  by  the  others  to  write  a  letter  to  the  author,  giving  the  grounds 
of  their  universal  disapprobation ;  to  the  effect  that  the  said  publicatioyi  appears  to  be  a 
libel  on  your  brethren,  to  contain  unfounded  accusations  against  particulars,  calcu- 
lated to  sow  the  seed  of  disunion  amongst  us,  to  make  all  the  world  suspect  the 
justice  of  our  administration,  and  to  incline  the  VV.AA.  to  a  severe  and  rigid  juris- 
diction over  us.  To  prevent  these  evil  consequences,  we  have  determined  to  burn 
every  copy  of  the  said  publication  which  you  sent  us,  and  we  sincerely  hope  that  you, 
and  all  our  brethren  in  every  part  of  England,  will  do  the  same.  (Ibid.,  Letters  of  Fr. 
Stone,  Sewall,  Connell,  /.  143,  with  a  copy  of  JoJmson's  letter  to  R.  Ploioden.) 

Stone,  9  May,  1801,  to  Strickland.  Robert  Plowden,  with  his  printed  letter,  is 
irritating  the  whole  body  of  ex-Jcsriits,  even  his  brother.  (Ibid.,  Letters  of  Fr.  Stone, 
Sewall,  Connell,/.  12V.  j 


852  No.  178,  V-'.     CARROLL'S  CONCORDAT,    1814,   1815  [V 

government  no  other  than  secular  clergy ;  in  a  word,  I  saw  nothing  but 
contradiction  between  the  established  discipline  of  the  Church,  and  the 
pretensions "  of  Mr.  Charles  Neale,  late  Superior,  some  of  his  adherents, 
and  likewise  those,  which  were  sometimes  asserted  by  Messrs.  Beschter, 
Maleve,  Malou,  &c.  ;  but  from  which  I  can  truly  acquit  you  ;  tho  you 
have  latterly  discovered  an  impatience  to  be  released  from  such  restraints 
as  were  introduced  thro  necessity,  and  cannot  be  removed  otherwise  than 
gradually,  without  irritating  certain  passions.  You  saw  Mr.  Pasquet 
lately.  The  threats  of  the  latter.  The  privileges  of  the  Society.  The 
novitiate.™  But  I  pretend  not  to  dictate.  I  transmit  a  letter  from  Mr. 
P\[owden]  of  an  old  date,  received  yesterday,  and,  being  much  tired,  must 
conclude  with  my  best  respect,  and  hearty  congratulations,  to  Bp.  Neale, 
and  compliments  to  your  esteemed  companions. 

Dr  and  Rev.  Sir, 

Your  most  ob. 

+  J.  Abp.  of  Bre 

Addressed  :  Rev.  Mr.   J.   Grassi,   Pres^   of  the  College,  George  Town, 
Col? 

Endorsed  :  Excuses  his  delay. 

V-.  1815,  March  4. 

Grassi,  Georgetown,  4  Mar.,  1815,  to  Kohlmann,  (New  York).  A  very 
severe  criticism  on  the  foregoing  letter  of  Carroll's.  After  signifying  his 
intention  of  placing  the  novitiate  in  Wafthington,  as  he  has  already  stated  to 
the  archbishop,  he  communicates  Carroll's  letter  Wl  "  lately  "  received  for  Kohl- 
mann alone  to  read.  He  treats  the  archbishop's  plea  as  a  mere  ostentation 
of  good  will  and  past  services,  adding  reflections  of  his  own,  that  Carroll  had 
helped  to  save  the  Jesuit  property,  but  with  the  intention  of  its  devolving  to 
"  his  secular  clergy,"  that  he  had  founded  Georgetown  College,  but  for  devolu- 
tion into  the  hands  of  the  Sulpicians,  etc.  etc.  Grassi  has  not  shown  the 
letter  to  any  of  the  Jesuits,  for  fear  of  rousing  their  indignation.  He  desires 
the  past  to  be  buried  in  eternal  oblivion.  He  has  asked  the  archbishop  to 
"  determine  what  are  the  stations  which  he  desires  the  Society  to  take  charge  of, 
according  to  the  method  of  its  Institute  ;  "  but  he  has  not  as  yet  received  an 
answer. 

On  the  novitiate  and  novices. 

De  Tyrocinio  in  Wahsington  aedificando  dicere  possum,  quod  rebus 
omnibus  bene  consideratis,  nullam  invenio  objectionein,  utilitates  plurimas 
video.102  Jam  de  hoc  etiam  rnonui  R<lm  Arch""."1 ,  sed,  sive  velit  sive  nolit,  nos 
facere  poterimus  quod  bonum  nobis  videtur,  et  A.M.D.G.  Mitto  Ra.e  V01' 
literas  quas  nuper  ab  eodem  Archpo  accepi.  Legat,  at  legat  solus,  nee  aliis 

119  Cf.  Nos.  116,  note  32,  (4) ;  192,  D-E2. 
lu°  See  No.  113,  Q,  pp.  375,  376. 

101  Evidently  the  foregoing  (U2). 

102  Cf.  No.  188,  P. 


§  15]  No.  178,  W2.     CARROLL'S  CONCORDAT,    iSi4,   1815  853 

coramunicet.  Ex  his  perspicuurn  est  quid  Archp"s  de  nobis  senserit,  quidve 
adhuc  esset,  nisi  opportunissime Bulla  Sollicitudo  finem  fecisset  tot  tan- 
tisque  molestiis.  Jactat  ille  quidem  se  tot  tantaque  pro  Socite  fecisse,  se 
curasse  Corporationem  ne  bona  venderentur  (sed  ea  volebat  pro  Clero  suo 
saeculari),  se  Collegii  erigeudi  authorem  fecisse  (attamen  Sulpitianis  tradere 
voluit,  etc.  etc.).  Nolui  nostrorum  alicui  literas  has  ostendere,  quia  indig- 
nationem  excitarent  ;  modo  vero  quod  omnia  consecuti  surnus,  melius  mihi 
videtur  aeternae  oblivioni  tradere  ea  omnia  quae  praeterierunt,  vel  quae 
inutiles  de  rebus  praeteritis  quaestiones  excitare  possunt.  Ad  eumdem 
Arch1'""1  jam  literas  dedi,  quibus  ea  qua  par  est  reverentia  rogabam  ut 
deterruinaret,  quaenam  sint  missiones  quas  desiderat103  tradere  Societati 
juxta  sui  Instituti  rationem  regendas,  etc.  etc.  Hue  usque  nihil  respondit. 
Th."  Rev.  0' Bryan  comes  from  New  York  to  stay  in  Baltimore.  On  Father 
Rantzau,  the  future  assistant  of  Father  Benedict  FenwicJc  at  New  Yorh.v>" 
On  Father  Henry.  Salutations. 

WJ.  (1815),  March  16. 

Carroll,  Baltimore,  16  Mar.,  (1815),  to  (Grassi).  His  pastoral  on  the 
restoration  of  the  Society.  His  approval  of  the  novitiate  being  placed  in  the 
city  of  Washington. 

He  introduces  Mr.  Sartori,  an  Italian,  long  resident  in  America. 

I  have  not  yet  formed  an  address  to  the  congregations  of  my  diocess  on 
the  subject  of  the  restoration  of  the  Society ;  not,  I  assure  you,  thro  for- 
getf ulness  or  indifference,  but  truly  and  really  for  the  want  of  time.  There 
are  now  but  few  hours  of  the  day,  during  which  my  mind  is  fit  for  any 
serious  application ; 105  and  so  many  urgent  affairs  have  the  first  claim  on 
those  hours,  that  you  must  have  a  little  patience,  as  my  desire  is  to  make 
the  address  not  absolutely  unworthy  of  the  occasion.  You  informed  me, 
that  the  Rev.  Fr.  Gen!  mentioned  to  you,  that  he  was  actually  writing  to 
me  ;  yet  I  have  had  no  letters  from  him  • m  which  is  the  more  surprising, 
as  he  must  have  received  one  at  least,  if  not  two  from  me.  Can  you  tell 
me,  whether  he  is  gone  from  Russia  to  Rome?  I  would  be  pleased  with 
the  establishment  of  the  novitiate  at  Washington,  if  I  saw  how  it  could  be 
built  and  maintained  ;  many  advantages  would  result  from  its  being  there  ; 
and  the  Superiors  of  the  Society  would  take  undoubtedly  the  same  wise 

103  Cf.  supra,  S2,  note  89.  The  'manner  of  Grassi's  expression  here  agrees  with 
Carroll's,  as  if  tlic  initiative  for  making  a  concordat  with  the  Society  in  the  assign- 
ment of  stations  lay  icith  tlie  archbishop,  the  objective  being  diocesan  service. 

101  Kohlmann,  by  order  of  the  General,  was  being  recalled  to  Maryland,  where  he 
should  act  as  master  of  novices. 

105  Carroll  had  entered  on  his  eightieth  year. 

10(i  As  to  the  loss  of  letters,  so  often  noted  in  the  correspondence,  Francis  Vespre, 
writing  from  Baltimore,  18  Feb.,  1816,  to  Grassi,  criticizes  the  use  by  the  latter  of  the 
Jesuit  seal.  If  Rev.  Father  General  has  done  likewise,  it  is  easy  to  divine,  why  no 
letters  come  from  Russia.  Such  a  seal  Vespre  considers  to  be  too  strong  a  temptation 
for  prying  eyes  ;  and  then,  when  people  have  opened  the  letters  and  cannot  restore  them 
to  the  original  form,  there  is  nothing  left  but  to  destroy  tJicm.  (Md.-N.  Y.  Province 
Archives,  1S16,  Feb.  IS.)  Vespre  was  at  thai  time  a  seminarian  in  St.  Mary's,  Baltimore. 


854  No.  178,  X2.     CARROLL'S   CONCORDAT,    1814,   1815  [V 

precautions  to  exclude  from  it  the  dangers  of  dissipation  and  a  worldly 
spirit,  as  were  used  at  Rome,  Naples,  Bolonia  and  other  great  cities  in 
Italy,  Germany,  France,  etc.1"7  .... 

P.S.     What  is  become  of  Mr.  Ashton's  will  ? 10S 

X-.  1815,  March  20. 

Carroll,  20  Mar.,  1815,  to  Plowden.  The  restoration  of  the  Society. 
Civil  government  and  law  in  America  with  respect  to  religious  life  and  obliga- 
tions. Precipitancy  of  Grassi  and  others  in  demanding  an  immediate  transfer 
of  the  property  from  the  Corporation  to  the  Society.  The  policy  that  should 
Ije  followed.  English  and  Irish  affairs.  The  Jesuits  certain  to  be  charged 
with  the  odium  of  unpopular  measures  in  the  Catholic  body. 

Congratulations  on  the  return  of  peace  between  England  and  the  United 
States.  The  pleasure  of  resuming  and  continuing  till  death  the  correspondence 
of  a  lifetime  with  his  friend,  Charles  Plowden.  The  favours  of  the  latter  all 
received,  ivith  a  copy  of  the  Bull  of  Restoration.  The  reception  given  to  the 
news  of  that  most  blessed  event.  Carroll  continues :  I  do  not  foresee  any 
serious  obstacle  to  the  re-establishment  being  fully  cornpleated  here,  as  far 
as  it  can  be  in  a  country  which  never  can  sanction,  consistently  with  its 
political  principles,  indissoluble  vows  of  religion,  or  that  they  induce  an 
incapacity  on  individuals  for  certain  acts  of  civil  life,  to  which,  without 
such  vows,  those  individuals  would  be  competent.  In  these  respects,  the 
future  members  of  the  Society  can  be  restrained  only  by  the  ties  of  con- 
science, as  all  other  religious  and  priests  themselves  now  are  in  all 
Protestant  States.109  My  only  apprehension  is,  that  some  of  our  Brethren, 
and  perhaps  even  Mr.  Grassi  himself,  may  be  too  impatient  to  effect  at 
once  what  will  be  done  better  gradually  by  the  helping  hand  of  time,  and 
dexterity  in  profiting  of  favourable  circumstances.  Some  of  the  good 
gentlemen  from  Russia,  who  before  they  joined  the  Society  there  were 
monks  of  different  Orders,110  and  are  not  great  adepts  in  theology,  urge  the 
Superior  to  resume  immediately  an  independent  administration  of  the 
former  estates  of  the  Society,  to  preserve  which  cost  much  trouble  and 
address,  and  it  was  found  necessary  to  form  a  Corporation  sanctioned  by 
law,  in  which  those  estates  were  vested.  All  care  was  taken  to  keep  this 
Corporation  so  as  to  consist  of  a  majority  of  our  surviving  Brethren,  with 
a  view  to  the  event  which  has  now  happened  of  a  restoration.  But  so 
many  have  died,  that  it  was  necessary  and  even  just  to  associate  new 
members  from  time  to  time  to  the  Corporation,  and  give  to  them  a  common 
interest  in  the  profits  and  administration  of  the  property,  which  has  been 
preserved.111  Some  of  these  persons  so  associated  have  manifested  a  jealousy 

107  Cf.  No.  119,  [j/],  p.  456,  Marechal's  divergent  views  on  this  subject. 

108  Cf.  No.  162,  Q. 

100  Cf.  supra,  F,  Carroll  and  Neale,  25  May,  1S03,  to  the  General,  Father  Qruber. 

110  Cf.  infra,  K3,  note  144,  Grassi  on  the  same  subject. 

111  Cf.  No.  168,  A,  20?.     This  regulation  of  the  constituent  meeting  shows  that  the 
admission  of  non-Jesuits  to  a  legal  status  in  the  trust  docs  not  appear  to  have  been 


§  I  Si  No.  178,  X2.     CARROLL'S  CONCORDAT,    1814,   1815  855 

quite  unfounded,  that  an  attempt  will  be  made  to  discard  them  from  the 
benefits  they  have  enjoyed,  tho  they  have  shared  in  the  labours  of  the 
ministry  ; n-  and  [they]  threaten  to  maintain  their  standing  by  law,  if  any 
attempt,  such  as  they  have  vainly  conceived,  should  be  made.  But,  as 
this  will  not  happen,  a  small  share  of  prudence  will  keep  matters  strait. 
The  entire  Corporation,  the  form  of  which  must  be  kept  up  to  secure  the 
title  to  the  property,  will  soon  be  filled  by  members  of  the  Society,11"  and 
the  Superior  will  administer  it  according  to  the  rules  prescribed  by  the 
Constitutions. 

I  am  sorry  to  observe  by  your  letters,  that  more  difficulty  is  appre- 
hended with  you :  opposition  from  Government  is  feared,  and  an  odious 
inquisition  was  threatened  into  the  concerns  of  our  Brethren  in  England 
and  Ireland ;  and  no  favour  was  expected  from  the  majority  of  the  Vicars 
Apostolic  in  the  former  kingdom.  It  is  impossible  for  me,  in  the  compass 
of  a  letter,  to  offer  my  advice,  if  I  were  even  competent  to  it,  or  decency 
allowed  it.  You  know  all  circumstances  of  persons  and  things  much 
better  than  we  do  here.  But  I  will  venture  to  say  this  only,  that  it  would 
give  me  much  pain,  if  our  Brethren  should  by  their  general  conduct  and 
support  give  occasion  to  the  other  Catholic  clergy  or  to  the  Government 
to  believe,  that  it  [!],  as  a  body,  adopted  and  promoted  the  pretensions  of 
either  party  in  the  disputes,  which  now  agitate  the  Catholics  of  England 
concerning  questions,  in  which  faith  is  not  concerned.  Whether  the  Pope 
admits  a  limited  Veto  or  not,114  is  not  the  concern  of  religious  men,  who 
are  called,  not  to  the  government  of  the  Church,  but  to  labour  in  it  for 
the  salvation  of  souls,  and  under  the  authority  of  its  legitimate  pastors. 
If  individual  members  of  the  Society  be  consulted  by  the  head  of  the 
Church,  let  them  with  freedom  and  truth  declare  their  opinions,  without, 
however,  constituting  their  opinions  as  those  of  the  body  to  which  they 
belong.  Otherwise  much  good  may  be  prevented.  An  artful  and  hostile 
Government  may  avail  themselves,  as  they  have  heretofore  done,  of  such 
dissensions  among  Catholics  themselves  to  defeat  all  plans,  for  excluding 
them  from  their  natural  and  lawful  rights.115  You  may  be  sure  that  our 

necessary.     It  provides  fully  what  is  just  for  those  who  would  merely  have  shared  in 
the  labours  of  the  ministry,  ivithout  being  admitted  as  members  into  the  Select  Body. 
In  Canada,  all  the  property  of  tJie  Jesuits  descended  to  one  individual,  Father  Cazot, 
the  last  srirvivor  of  tlie  old  Mission.     Jus  collcgii  bene  rcmanet  in  uno. 
•  Cf.  No.  177,  A,  13?  ;  also  No.  173,  B,  9? 

3  Cf.  No.  180,  F,  29  ,  the  Corporation,  19  June,  1816,  carrying  out  this  policij. 

4  As  a  condition  for  Catholic  Emancipation,  the  Veto  was  a  poivcr  to  be  granted,  in 
virtue  of  which  tlie  English  Government  could  effectually  object  to  the  nomination  of  a 
Catholic  bishop  (at  tlie  date  of  Lord  Castlcreagh's  Ministry,  1799)  ;  or,  as  modified 
later,  it  consisted  in  a  certain  governmental  control  over  nominations  by  means  of 
certificates  to  be  obtained,  and  in  a  kind  of  supervision  over  the  admission  of  Pontifical 
documents  (undo-  Mr.  Canning's  Ministry,  1813).     Cf.  C.  Butler,  Historical  Memoirs 
of  the  English,  Irish,  and  Scottish  Catholics,  IV.  118,  119,  237-251  (edit.  1822). 

0  Compare  C.  Plowden's  historical  statements :  Negotiations  were  opened  first 
with  Oliver  Cromwell,  then  with  the  ministers  of  Charles  II.,  for  an  universal  tolera- 
tion of  the  Catholic  religion  ;  but  they  all  proved  fruitless,  because  they  were  carried 
on  by  tho  successors  of  Blackloe,  especially  by  the  well  known  Dr.  Holdeu  ;  and  these 


856  No.  178,  Y2.     CARROLL'S  CONCORDAT,    1814,   1815  [V 

enemies,  in  and  out  of  the  Church,  will  endeavour  to  fix  on  the  J—  — ts 
the  odium  of  every  unpopular  resistance  to  measures  of  conciliation,  real 
or  pretended.116  Carroll's  opinions  of  tlie  English  Vicars  Apostolic  and  the 
Irish  Bishops,  respectively.  The  esteem  he  entertains  for  the  latter,  and  for 
Mr.  [Charles]  Butler,  advocate  and  guide  of  the  former. 

Y2.  1815,  March  31. 

Carroll,  Baltimore,  81  Mar.,  1815,  to  Grassi,  Georgetown.  On  the 
conference  (cf,  S2),  and  concordat  to  be  made  between  the  Ordinary  of 
Baltimore  and  the  Society,  regarding  the  missionary  stations  which  shall  be 
assigned  permanently  to  the  spiritual  care  of  the  latter.  Sketch  of  the  said 
missions.  On  Kohlmann  and  his  post  of  Vicar  General  in  New  YorJc. 

News  of  the  Society  and  its  progress  in  Borne,  Italy,  etc.  I  have  had 
no  time  to  settle  my  own  opinion  of  the  stations  to  be  assigned  per- 
manently to  the  spiritual  care  of  le)  members  of  the  Society,  or  of  the 
manner  of  doing  it.  Those  congregations  will  naturally  be  attributed  to 
them  which  are  convenient  to  their  estates ;  likewise  the  College  of 
G.  T.,  the  city  of  Washington,  Alexandria,117  Frederic  Town  and  others, 
such  as  Norfolk  and  Richmond.  But  all  these  things  must  be  subject  to 
the  deliberation  of  others,  as  well  as  my  own ;  and  I  shall  have  no 
difficulty  in  performing  the  necessary  acts  on  my  part  in  behalf  of  St. 
Patric's,  Washington,  upon  certain  conditions  which  must  essentially 
accompany  my  act.  You  cannot  however  expect  that  I  am  either  willing 
or  able  to  place  the  Church  of  Washington  under  the  government  of  the 
Society.  Its  principal  Superior  must  be  the  Archbishop,  to  whom  will 
belong  the  appointment  of  the  Rector  of  the  parish  in  the  capital  city  of 
the  United  States.  He  will  and  must  be  a  different  person  from  the 
Master  of  Novices,118  if  the  novitiate  be  established  there.  I  would  not 
prepare  the  seeds  of  so  much  enmity,  reproach  and  disquietude  for  the 
Society,  as  would  be  produced  by  placing  that  city  entirely  under  its 
pastoral  care  and  controul ;  nor  would  my  regulation  be  regarded  by  my 

(e)  Left  in  spiritualibus  under,  erased. 

men  always  insisted  upon  the  exclusion  of  the  Jesuits  from  the  favour  which  they 
solicited  for  the  body.  Other  interests  of  course  intervened  to  impede  them  ;  and 
thus  the  partial  passions  of  a  few  obstructed  the  general  good.  Again  :  N.B.  The 
uegociation  with  gov*  ,  for  the  repeal  of  the  penal  laws,  miscarried  three  times,  viz. 
with  Oliver  Cromwell,  with  Charles  2?  ,  and  with  George  I*'  in  1719,  because  a  party 
of  Cath*  insisted  that  Jes^  sh'.1  be  excluded  from  the  expected  bounty,  and  even 
banished  from  England.  The  Jes^  in  those  days  had  friends,  who  were  active  in  their 
defence.  Who  befriends  them  at  present  ?  (English  Province  Archives,  MSS.  in. 
Ex-Jesuits,  Society  in  Russia,  Liege  Academy,  etc.,/.  133".  ;  in  C.  Plowderi's  General 
account  of  the  origin,  progress  and  present  state  of  the  Jesuits'  Missions  in  England, 
written  soon  after  1791,  and  the  proceedings  of  the  English  Catholic  Committee.  Ibid., 
Letters  of  Fr.  Plowden.  i.,  /.  235  ;  letter  to  Father  Stone,  dated  by  Foley,  Mar.,  1815  ; 
•postscript.) 

116  Cf.  No.  220,  C,  ad  note  12. 

117  Cf.  No.  119,  \_xi.],  p.  458,  Marcchal  on  this  allocation  of  Jesuit  stations. 

118  Cf.  No.  173,  ad  note  16. 


§  15]  No.  178,  Y2.     CARROLVS  CONCORDAT,    1814,   1815  857 

successors.  When  we  meet  we  shall  be  better  able  to  determine  the 
respective  shares  of  authority  belonging  to  the  Archbishop,  and  those 
which  may  be  committed  to  the  Superior  of  the  Society ;  in  doing  which, 
the  prevention  of  jealousies  and  dissentions  will  be  my  principal  solici- 
tude.119 If  the  informations  received  from  Philad?  be  true,  that  Mr. 
Harold  is  made  its  Bishop  (which,  however,  I  do  not  yet  believe),  you 
may  expect  trouble  there  ;  in  which  case  it  will  be  fortunate  for  you  to 
keep  as  the  defender  of  Mr.  F.  Neale's  rights  a  person  there  of  as  much 
firmness  as  Mr.  Debarth,  tempered  by  your  cooling  advices  now  and 
then. 

Carroll's  view  of  Grassi's  action  in  removing  Kohlmann  from  New  York, 
where,  as  Vicar  General,  the  latter  was  bound  to  remain  till  a  successor  should 
be  appointed  by  competent  authority ;  or  if,  as  Grassi  considered,  Kohlmann 
had  never  legitimately  filled  that  office  for  want  of  the  General's  consent, 
then  all  his  past  acts  should  have  to  be  pronounced  illegal  and  null.  Carroll, 
citing  the  General  for  an  implicit  approval,  continues :  But,  happily,  this  is 
not  the  case.  In  one  of  the  General's  letters  to  me,120  giving  the  reasons 
which  induced  him  to  make  you  the  Superior,  and  not  Mr.  Kohlmann, 
tho  your  elder,  he  observed  that  the  latter,  being  in  the  possession  of  the 
administration  of  the  diocess  of  N.  York,  and  rendering  great  services  to 
the  most  numerous  congregation  of  that  city,  could  not  be  removed  from 
it  without  great  preju[rf/ce].  This  letter  I  still  have.121 

Though  the  congregation  of  Annapolis  is  now  small,  yet  it  is  on 
certain  accounts  a  very  important  one,  especially  since  Mr.  Carroll  Sen'122 
has  resumed  all  the  pious  practices  of  religion,  frequentation  of  the 
Scnts  [Sacraments].  The  service  of  this  place  is  attached  to  the  Marsh ; 
and,  if  MM.  Kohlmann  and  Beschter  remain  there,  or  Mr.  K.  only,  I 
must  insist  on  its  being  visited  regularly.  Excuse  the  irregularity  of 
this. 

I  am  respectfully,  Rev.  Sir, 

Yr  most  obed^  S^ 

+  J.  Abp  of  Brf 

Addressed :  Rev.  Mr.  Grassi,  Pres!  m  of  the  College,  George  Town. 

Endorsed  by  Grassi :  Cong".8  intended  for  the  Soc'.y 

(f)  Rector,  cancelled. 

119  ffere  Carroll  is  treating  of  WasJtington  as  comprised  in  one  parish ;  and  he  dis- 
tinguishes between  serving  St.  Patrick's  Church,  and  liaving  exclusive  control  tliere  of 
the  one  responsible  position  in  the  capital  city.     This  distinction  was  ignored  in 
the  Concordat  effected  under  his  successor,  L.  Neale,  with  consequences  even  more  pro- 
nounced than  those  foreseen  by  Carroll.    Cf.  Nos.  189,  G  ;  191. 

120  No.  192,  D2. 

121  Cf.  infra,  K3,  note  142,  the  General's  own  words,-30  Sept.,  1813,  to  Grassi,  on  this 
question  of  Kohlmann' s  Vicar-Generalship, 

122  Charles  Carroll  of  Carrollton. 


VOL.    I.  3   K 


858  No.  178,  Z-.     CARROLL'S   CONCORDAT,    1814,   1815  [V 

Z2.  1815,  May  7. 

Carroll,  Baltimore,  7  May,  1815,  to  (Grassi).  Two  series  of  difficulties : 
Pasquefs  management  of  Bohemia,  on  behalf  of  Carroll ;  1Sj  Georgetown  College 
ceasing  to  co-operate  as  a  kind  of  higher  seminary  for  the  Baltimore  diocese. 

Returns  from  Bohemia ;  Pasquet  absent  in  New  York.  Carroll  desired 
to  bring  Ch.  Vincendon  l'2i  away  with  him,  who  should  otherwise  remain  alone 
with  the  Blacks  at  my  departure.  But,  unfortunately,  Pasquet  is  the  boy's 
guardian;  and,  though  he  had  given  a  verbal  permission,  yet  Carroll  would 
not  trust  a  merely  verbal  authorization  of  Pasquet  as  security  for  the  paying 
of  bills,  when  Vincendon's  account  with  the  College  should  have  to  be  paid. 
But,  after  Pasquet  was  gone  some  days,  recollecting  many  instances  of 
M.  P.  tergiversations  and  evasions,  I  condemned  myself  for  not  requiring 
his  written  instructions  signed  by  himself,  and  resolved  to  have  no  more 
to  do  without  them  [written] ;  for  you  may  be  assured,  that,  if  he  should 
be  or  pretend  to  be  dissatisfied  with  the  College,  on  account  of  the  future 
charges  or  other  reasons,  he  is  capable  of  denying  that  I  acted  with  his 
orders,  and  [of  saying]  that  his  pupil  was  carried  away  by  me,  and  that  he 
would  not  pay  for  him.  This  opinion  may  surprise  you,  but  not  those  who 
have  had  dealings  with  Mr.  P.  It  is  impossible  for  me  to  leave  the  con- 
gregation under  his  care ;  and  therefore,  for  heaven's  sake,  get  as  many  as 
you  can  ready  for  Orders. 

The  archbishop  expresses  grief  at  the  dismissal  of  O'Connor  from  the 

123  The present  letter  merely  serves  to  shoio  Carroll's  own  difficulties  with  his  manager, 
Pasquet.      Charges  were  made    subsequently  by   the  Corporation    against  Carroll's 
executors,  on  account  of  Bohemia  (No.  180,  H,  5?  ;  K,  2?  )  ;  but  tlie  issue  was  really 
between  the  management  of  Pasquet  and  the  interests  of  the  Corporation,  not  between 
the  late  archbishop  and  the  Jesuits.     A  distinct  controversy  had  been  in  progress,  dur- 
ing seven  years,  between  Pasquet  on  his  own  account  and  the  Board.     The  origin  of  it 
seems  to  have  lain  in  a  resolution  of  the  Trustees  (9  Sept.,  1806,  6?  ),  that  the  Rev. 
Mr.  Pasquet  is  hereby  authorised  to  rent  out  the  two  plantations  on  Deer  Creek  to  the 
best  advantage  ;  and  in  another  (11  Sept.,  1806,  59  )  that  the  President  of  the  Corpora- 
tion is  authorised  to  execute  a  bond  to  the  R.  Mr.  Pasquet  for  the  debts  due  to  him 
from  Deer  Creek  ;  that  part  of  the  estate  of  that  place,  which  is  ordered  for  sale, 
being  answerable  therefor  to  the  Corporation.      Signed :    +  J.   Bishop   of   Balt'.e 
[president],  R.  Molyneux,  Roty  Plunkett,  G.  B.  Bitouzey.     TJtis  was  folloiued  by  a 
resolution  (4  Oct.,  1808,  7<? ),  that,  in  order  to  the  discharging  of  the  bond  of  the 
Corporation  held  by  the  Rev.  Mr.  Pasquet,  resolved,  that  the  Agent  shall  call  upon 
him  to  account  for  the  rent  of  Arabia  Petraea,  and  the  black  people  removed  from 
Deer  Creek  and  employed  by  him  for  his  own  use.     In  1812  (22  Apr.,  7?  ),  the  arch- 
bishop agreed  to  confer  with  Pasq^let  on  a  settlement.     Then   (22   Sept.,  1S12,  4? ), 
Carroll  and  Francis  Ncale,  agent,  were  appointed  a  committee,  to  bring  this  matter  to 
a  conclusion.     The  same  committee  was  contimied  till  19  Oct.,  1814,  when  the  follow- 
ing desperate  resolution  was  passed :  2?    All  previous  means  already  ordained  for 
bringing  the  affairs  of  the  Corporation  with  Mr.  Pasquet  to  a  settlement  having  failed, 
resolved  on  the  voluntary  offer  of  the  Arch-b^p  and  the  Rev.  Mr.  Pr«  Neale,  that  they 
shall  proceed,  as  soon  as  possible,  to  Bohemia,  and  bring  all  things,  if  possible,  to  a 
final  conclusion.     The  accounts  are  not  yet  settled  at  the  next  meeting  of  the  Board 
(29  June,  1815,  2?  ),  after  the  date  of  the  present  letter.     Without  a  firm  control  over 
their  affairs,  it  would  seem  from  the  Corporation's  experiences  with  Pasquet  and 
Bitouzey  that,  not  to  speak  of  rents  which  generally  disappeared  one  way  or  other,  not 
even  estates  would  have  survived  among  the  assets  of  the  Board.     Cf.  Nos.  87,  E  ;  114, 
p.  378. 

124  Apparently  a  candidate  for  the  Society.     Cf.  infra,  B3. 


§  15]  No,  178,  A3.     CARROLL'S   CONCORDAT,    1814,  1815  859 

College,  lie  himself  having  been  the  first  to  ivrite  in   O'Connor's  behalf.12 
Then  there  is  the  refusal  to  admit  Phelan.     He  will  write  again  on  this 
subject.     He  must  have  some  one  or  other  ordained,  if  only  to  get  a  substitute 
for  Pasquet.     He  loill  promote  O'Connor  to  Orders. 


A3.  1815,  May  19. 

Carroll,  Baltimore,  19  May,  1815,  to  Grassi.  On  Georgetown  College 
ceasing  to  co-operate  with  the  diocese  in  educating  clerics.  His  pastoral  on 
the  restoration  of  the  Society,  and  on  the  need  of  a  diocesan  fund  for  clerical 
education.  The  concordat  on  missionary  stations  to  be  served  by  the  Society. 

He  defers  discussing  the  case  of  O'Connor,  till  he  meets  Grassi,  next  week. 
He  is  surprised  at  being  told  that  he,  the  archbishop,  had  never  written  in 
commendation  of  Phelan.  The  dismissal  of  O'Connor,126  and  non-admission 
of  Phelan,  for  the  present,  have  caused  the  circulation  of  an  opinion,  that 
a  resolution  was  taken  to  admit  no  students  of  divinity,  or  candidates  for 
the  priesthood,  into  the  College,  who  do  not  previously  manifest  an 
intention  of  entering  the  Society.  Should  this  opinion  become  general, 
it  would  generate  infallibly  a  jealousy  and  party  spirit  between  the 
secular  clergy  and  Jesuits.  With  the  former  all  the  Friars  of  every 
colour  would  [side  ?]  against  our  Brethren,  to  the  disedifi  cation  of  the 
public  and  loss  of  religion.  God  forbid,  therefore,  that  the  disciples  of 
St.  Ign?  should  begin  or  give  pretext  to  these  dreaded  dissensions  by 
odious  and  narrow-minded  institutions.  It  is  a  comfort  to  me  amidst 
these  reflections  to  know,  that  there  is  at  the  head  of  the  College  a  person 
of  your  understanding,  capable  of  estimating  the  consequences  of  such 
disunion,  and  therefore  anxious  to  prevent  all  measures  which  tend  to 
create  it. 

I  have  at  length  begun  my  long  intended  address  to  our  cong".3  on  the 
restoration  of  the  Society  ;  one  reason  for  deferring  it  was,  that  another 
subject  is  to  be  interwoven  with  it,  containing  an  admonition  to  the 
members  of  the  Church  to  raise  [by]  a  joint  and  general  contribution 
a  fund  for  paying  the  expenses  of  young  men,  destined  for  the  service 
and  ministry  of  religion,  in  your  College  and  the  Seminary  here.  The 
absolute  necessity  of  such  a  measure  was  never  felt  more  than  at  the 
present  time.  I  was  glad  therefore  to  learn  from  your  last  letter,  that 
a  few  ordinations  would  be  made  this  week  at  G?  Town  ;  and  I  had 

125  Cf.  Car-roll,  19  Aug.,  1814,  to  Grassi,  recommending  Mr.  P.  O'Connor,  who 
writes  to  the  archbishop  from  Bcllfield,  Prince  George's  Co.,  and  has  the  favourable 
certificate  of  Mr.  Tessier.     Grassi  lias  agreed  upon  terms  about  expenses  of  mainten- 
ance, while  O'Connor  studies  for  Holy  Orders.     (Md.-N.  Y.  Province  Archives,  1814, 
Aug.  19,  Carroll  to  Grassi  ;  1  p.  4to,  No.  164.) 

126  This  case  was  not,  in  fact,  relevant  to  the  qiiestion  which  Carroll  goes  on  to  disctiss, 
since  it  loas  for  the  use  of  "  improper  languctge,  "  that  O'Connor  was  dismissed.     Com- 
pare Grassi's  Diary,  1815,  Apr.  24,   Tuesday  :  .  .  .  Parti  Glover  ;    seppi  il  parlare 
improprio  di  Connor.    26  M.eic[colcdi].  Visitai  la  famiglia  Cairoll,  e  parlai  col  Ves? 
Neale  per  dinaittere  P'.k  0  Connor,  e  al  medesimo  intimai  la  partenza.  .  .  .  (Grassi's 
Diario,  as  above,  p.  845.) 


860  No.  178,  B3,  C3.     CARROLL'S   CONCORDAT,    1814,   1815.  [V 

sanguine  hopes  of  the  same  being  done  here;  but,  to  my  sorrow,  the 
Pres!  of  the  Seminary  informed  me  a  few  days  since,  that  his  divines 
would  not  be  ready  before  the  last  of  August. 

You  once  or  twice  desired  me  to  designate  the  cong".s  in  Maryland, 
which  are  henceforth  to  be  committed,  exclusively,  to  the  members  of 
the  Society.  To  do  this  correctly  requires  a  joint  conference  with  BP 
Neale,  you  and  some  more  of  our  Brethren.1-7 

Many  other  subjects  are  reserved  to  that  time ;  and  next  week  I 
hope  to  see  you,128  if  it  please  God  to  give  us  better  wea,[ther~\  for  the 
improvement  of  the  roads. 

I  am  most  respectfully,  Rev.  and  hon'.1  Sir, 

Yr  most  obed'  S* 

+  J.  Ab.p  of  Br5 

Bait6,  May  19,  1815. 

Addressed :  Rev.  Mr.  Grassi,  Prest  of  the  College,  G?  Town. 

B3.  1815,  May  23. 

Kohlmann,  master  of  novices,  White  Marsh,  23  May,  1815,  to  (Grassi). 
He  mentions  the  possible  case  of  Archbishop  Carroll  asking  for  an  absolute 
grant  of  Bohemia. 

Glad  to  understand  that  Vincendon  is  coming  back.  The  question  of 
maintaining  the  establishment  in  New  York. 

I  do  not  see  any  impropriety  in  exhibiting,  with  all  possible  candour 
and  humility,  the  letter  of  RR.F.G.  [Father  General]  to  the  Trustees  ; 
neither  do  I  see  how,  in  exhibiting  the  16th  article  of  the  Corporation,129 
they  can  refuse  to  restore  the  property.  Of  Bohemia  I  would  mention 
nothing.  If  the  A?  [Carroll]  should  ask  a  cession  of  it  in  writing,  it  is 
manifest  that  yf  Revcf  cannot  do  it  without  the  consent  and  approbation 
of  RR.F.G.130  I  would  not  say  a  word  about  the  privileges.  It  will  be 
time  enough  to  speak  about  them,  whenever  an  infringement  should  happen 
to  be  made  upon  them.  .  .  . 

Endorsed  by  Grassi :  Go  to  N.  Y.  again. 

C3.  1815,  June  25. 

Carroll,  June  25,  1815,  to  Plowden.  Estimate  of  Grassi's  administration. 
Criticism  of  the  foreign  Jesuits  in  America.  Danger  of  exciting  jealousy  by 
certain  action  with  regard  to  the  Jesuit  property. 

.  .  .  For  my  own  part,  it  shall  be  my  endeavor,  tho'  I  fear  for  my 
constancy,  to  keep  my  soul  as  clear  as  I  can  from  those  tumultuous 

127  Cf.  No.  188,  note  15. 

iss  This  date,  the  end  of  May,  1815,  ivould  thus  seem  to  mark  the  origin  of  the 
L.  Neale-Grassi  Concordat  dated  the  following  year,  3  Apr.,  1816.  See  No.  189,  C. 

1M  No.  168,  A,  169 

130  This  suggestion  of  Kohlmann'' s,  that  Carroll  might  possibly  ask  for  a  complete 
cession  of  Bohemia  in  his  favour,  gives  point  to  the.  story  about  L.  Neale,  his  successor, 
who  openly,  and  in  Carroll's  presence,  it  is  said,  repudiated  all  claims  to  Bohemia. 
See  No.  116,  D,  §  4. 


§  15]  No.  178,  D3,  E3.     CARROLL'S   CONCORDAT,    1814,   1815  861 

sollicitudesj  which  have  agitated  it  so  much  for  the  losses  and  successes  of 
contending  nations.  Such  degrading  immorality,  and  such  base  treachery 
have  blackened  the  history  of  some  of  them,  that  an  old  man  especially 
sees  the  benefit  of  restraining  all  partialities,  and  placing  his  entire  reliance 
on  the  wisdom  and  providence  of  God.  Yet  there  is  one  point  on  which  I 
feel  and  in  some  degree  cherish  sollicitude.  It  is  for  the  effect  which  the 
irruption  of  Bonaparte  into  France,  and  consequent  events,  may  have  on 
the  progress  of  the  newly  restored  Society.  Your  friend  Mr.  Grassi  is 
doing  his  best  for  it  here  ;  but  it  seems  to  me  that  he  consults  chiefly,  if 
not  exclusively,  foreigners,  that  is,  his  Brethren  from  Russia,  Germany, 
Flanders,  etc. ;  all  of  them  good  religious  men,  but  not  one  of  them 
possessing  an  expanded  mind,  discerning  enough  to  estimate  the  difference 
between  the  American  character  and  that  of  the  countries  which  they  left.131 
I  apprehend  that  dissatisfaction,  complaint,  and  perhaps  remonstrances 
will  arise  against  certain  acts  of  his  administration.  I  shall  advise,  even 
in  matters  of  the  internal  government  of  the  Society,  whenever  I  can  be 
useful;  but,  if  what  has  been  noticed  and  reported  hitherto  be  not 
misstated  or  misunderstood,  there  is  great  reason  to  fear  that  he  will 
undesignedly  beget  a  jealousy  on  the  part  of  the  secular  clergy  of  this 
diocess,  and  perhaps  other  Orders  against  the  Society — an  evil  which  I 
most  earnestly  deprecate,  and  against  which  our  old  Brethren,  who  saved 
the  property  here  after  the  dissolution,  so  peculiarly  guarded.  .  .  . 

D3.  1815,  July  18. 

Carroll,  Baltimore,  18  July,  1815,  to  Bt.  Rev.  Dr.  L.  Nealc,  Bishop  of 
Gortyna,  Georgetown.  On  the  firm  hold  to  be  maintained  of  the  Jesuit 
property  in  Philadelphia. 

About  a  nun  at  the  convent,  and  her  sister,  who  loislies  to  visit  her.132 
Yesterday  Mr.  Fenwick  beared  from  Philada,  that,  notwithstanding 
the  letter  to  me  from  the  Card!  Secretary  of  the  Props<?%  Mr.  Harold  is 
nominated  B!'  of  Philad?  Your  Grandeur,  Fr.  Grassi  and  your  Br.  Francis 
should  instantly  consult  on  the  measures  proper  to  guard  the  legal  property 
of  Mr.  F?  Neale  from  invasion  and  foreign  appropriation.  It  being 
uncertain  how  soon  Mr.  H.  may  arrive,  no  time  should  be  lost  in  giving 
directions  to  Mr.  Debarth  to  repair  to  Philad'1,  maintain  the  mastership  of 
the  house  (Presbytery),  the  old  chapel  and  premises.  He  is  a  firm  man 
and  will  execute  orders.  .  .  . 

E3.  (1815),  July  26. 

Carroll,  26  July,  (1815  ?*),  to  Francis  Neale,  Georgetown.  The  letter 
shoivs,  though  the  ivriter  seems  not  to  notice  it,  how  Carroll's  accounts  with  the 
Corporation  were  likely  to  be  found  involved,  owing  to  his  affairs  at  Bohemia 
having  been  in  the  hands  of  such  a  manager  as  Pasquct. 

131  Cf.  No.  135,  P,  note  49. 

182  Sally  Jones,  sister  of  Gonzaga. 


862  No.  178,  P3,  G3.     CARROLL'S  CONCORDAT,  1814,   1815  [V 

REV.  SIR, 

Mr.  Fenwick  has  communicated  your  letter  to  him  received 
yesterday,  full  of  the  blustering  of  Pasquet,132  whose  threats  are  so  ridiculous, 
and  his  plans  of  revenge  on  the  Corporation  so  undigested,  that  they  are 
hardly  worthy  of  contempt ;  for  his  character  is  so  universally  despised  in 
his  own  neighbourhood,  that  he  will  obtain  no  credit  for  all  his  passionate 
assertions.  He  still  persists  in  saying,  that  he  will  go  in  two  or  three 
weeks,  but  that  you  must  go  first  thither  [to  Bohemia]  to  settle  with  him. 
If  the  season  were  not  so  contrary,  it  would  be  well  for  you  to  make  a 
visit ;  not  for  the  sake  of  his  interest  in  Bohemia,  but  for  the  purpose  of 
settling  his  concerns  with  the  Corporation.  It  will  be  a  happy  day  when 
they  finish  with  him.  I  am  sure  that  he  owed  me  a  ballance  of  at  least 
$400.  Nevertheless,  I  witnessed  so  much  effrontery,  and  so  little  shame, 
that  without  looking  at  a  single  one  of  his  scraps  of  paper,  which,  he 
pretended,  were  his  counter-charges,  that  [!]  I  at  once  told  him  I  would 
close  all  my  own  concerns  with  him,  by  giving  to  and  receiving  from  him 
full  receipts.  He  was  overjoyed  at  the  proposal,  and  in  one  instant  closed 
with  it,  as  well  he  might  •  nor  have  I  ever  repented  of  having  made  such 
a  sacrifice,  in  order  to  free  the  farm  from  having  such  a  man  on  it,  and 
the  congregation  from  so  great  a  scandal.  If  Francis  Neale  could  defer 
the  visit  till  the  end  of  August,  the  archbishop  ivould  go  ivitli  him. 

Addressed:  Rev.  Mr.  Francis  Neale,  George  Town.  Hon?  by  the 
R*  Mr.  Pasquier  [S.S.]. 

P3.  1815,  August  12. 

Francis  Nealc,  12  Aug.,  1815,  to  Lewis  dc  Barth.  A  power  of  attorney 
for  the  administration  of  Philadelphia  and  Pennsylvania  property. 

G!.  1815,  August  25. 

Carroll,  Baltimore,  25  Aug.,  1815,  to  Grassi.  A  discussion  of  Grassi's 
reason  for  not  admitting  seminarians  into  Georgetown  College,  inasmuch  as 
they  should  have  to  be  in  one  community  with  scholastics  of  the  Society. 

On  the  death  of  the  Rev.  John  Fenwick.  When  I  was  with  you,  some 
conversation  passed  between  us  concerning  an  excellent  young  man,  an 
Irishman,  whose  name  is  Farrell,  of  exemplary  conduct,  gentlemanly 
deportment,  and  well  known  to  Mr.  Edelen  as  well  as  to  myself.  He  is 
tolerably  and,  I  believe,  sufficiently  acquainted  with  Latin  and  the  classics, 
but  has  not  studied  philosophy,  to  which  he  might  be  usefully  applied  for 
one  year.  You  objected  to  his  admission  into  the  College,  because  it  was 
unadviseable  to  associate  with  the  scholastics  of  the  Society  other  clerics, 

133  Carroll,  Washington,  1  June,  1S15,  to  Enoch  Fenwick,  pastor,  Baltimore,  notes 
among  letters  received  :  one  from  my  new  Manager  at  Bohemia,  Benedict  Craddock. 
(Md.-N.  Y.  Province  Archives,  under  date.) 


§   15]  No.  178,  H*.     CARROLL'S   CONCORDAT,    1814,   1815  863 

who  have  not  manifested  a  determination  to  embrace  a  religious  life.ljl 
But,  as  in  many  other  things,  especially  in  the  infancy  of  the  re-establish- 
ment, and  which  are  not  absolutely  essential,  it  has  been  found  necessary 
to  dispense  (as,  for  instance,  in  removing  novices  to  teach  before  the  end 
of  two  years'  novitiate,  etc.),135  I  cannot  help  persuading  myself,  that  you 
will  cease  from  insisting  on  the  establishment  of  a  practice,  which  must 
tend  inevitably  to  deprive  the  churches  of  America  from  having  priests 
sufficient  to  answer  public  exigencies,  with  the  great  loss  of  souls,  etc.  To 
obtain  this  was  an  original  object  of  the  foundation  of  the  College  of 
G?  Town,  which  must  be  kept  in  remembrance.1"8  I  own,  indeed,  that  care 
should  be  had  in  selecting  those,  who  are  to  be  admitted  into  it,  as 
candidates  for  Holy  Orders.  With  respect  to  Mr.  Farrell,  Messrs.  Fenwick, 
Edelen  and  myself  are  vouchers  in  his  favour,  that  few  young  men  are  more 
commendable  for  piety  and  regularity  of  life.  He  possesses,  I  believe, 
good  talents  and  money  enough 137  to  carry  him  thro  philosophy  and  two 
years  of  divinity.  You  told  me  that  there  would  be  a  course  of  philosophy, 
but  no  divinity,  this  ensuing  year.  Send  an  answer  soon,  and  a  favourable 
one. 

Carroll's  purchase  of  land  at  Deer  Creek,  in  the  name  of  Francis  Neale.lx 
The  trip  to  Bohemia  ivith  F.  Neale.  Sardagna  as  a  standard  text-book  in 
divinity. 

H3.  1815,  September  10. 

Carroll,  Bohemia,  10  Se)>t.,  1815,  to  Enoch  Fenwick,  Baltimore.  Last 
letter,  No.  186,  in  the  Md.-N.  Y.  Province  Archives.1^ 

On  a  namesake  from  Ireland  intruding  on  him  at  Bohemia.  On  thirty 
students  of  divinity  in  Kilkenny  alone  who  are  ready  to  come  over  ;  and,  no 
doubt,  every  one,  whose  name  is  Carroll,  will  call  himself  my  relation. 
On  Pasquct,  who  goes  off  to  Baltimore.  The  archbishop's  distress  at  the 
non-appearance  of  Francis  Ncale.  To-day  (Sunday)  the  whole  duty  must 
be  performed  by  me.  Mr.  Pasquet  does  nothing,  not  even  Mass  .  .  . 

(g)  There  is  another  letter,  Sept.  25,  Xo.  ISO,  which,  if  it  is  of  the  year  lSl!i,  is  the  latest  in  the  collection. 
It  is  about  current  business  :  McC'onnell,  Utters  to  Rome,  and  Vie  boy  Lambert,  whether  he  should  be  en- 
couraged in  his  hope  of  becoming  a  lay-brother. 

134  This  manner  of  statement  is  not  quite  accurate.  According  to  the  rules  of  the 
Society,  it  would  be  unadvisablc  to  associate  with  scholastic  philosophers  even  members 
of  the  same  Order,  novices,  juniors,  or  theologians ;  since  the  grades,  in  process  of 
formation,  were  kept  separate.  The  reason  would,  be  stronger  against  a  secular 
element  being  mingled  with  the  religious. 

U3  This  is  an  argument  ad  homincm,  that  the  Sttperiors  in  Maryland  had  already 
dispensed  in  some  very  essential  matters,  and,  as  experience  shoivcd,  to  the  immense 
prejudice  of  all  parties.  As  a  rational  argument,  its  conclusion  lay  in  precisely  the 
contrary  direction,  that,  in  the  infancy  of  the  re-establishment,  nothing  was  more 
essential  than  to  observe  rigidly  the  fixed  principles  of  things,  and  direct  the  progress 
for  the  future  on  right  lines.  Of.  supra  T-,  p.  849,  Carroll  on  the  preparation  needed. 

136  Carroll  does  not  say  that  this  was  a  condition  of  the  foundation. 

137  This  shoivs  that  it  was  not  a  qiieslion  of  gratuitous  education.   Cf.  Z2,  note  125 ; 
the  case  of  O'Connor  was  similar. 

U8  See  No.  87,  K. 


864  No.  178,  P,  K3.     CRASSPS  REVIEW,    1815  [V 

J3.  1815,  October  13. 

Carroll,  18  Oct.,  1815,  to  Plowden.  Last  letter  of  Carroll  in  the  English 
Province  Archives. 

Compliments  on  the  attitude  of  the  English  Jesuits  in  having  maintained  a 
neutral  altitude  in  the  question  of  the  Veto.  Jealousy  and  misrepresentation 
will  attach  themselves  to  our  Brethren,  tho  their  demeanour  be  ever  so 
unexceptionable.139  On  Grassi,  the  progress  of  the  College,  need  of  pro- 
fessors ;  lade  of  priests  ;  new-comers  ;  Bishop  Connolly  of  New  York,  Totus 
tuus, 

+  J.  A.  of  B. 

K3.  1815,  November  23. 

Grassi,  Georgetown,  2$  Nov.,  1815,  to  Charles  Plowden,  Stonyhurst.  A 
long  letter  in  Italian^  in  ivhich  Grassi  reviews  much  of  the  past  experiences  in 
America,  regarding  the  Corporation,  etc.  Omitting  the  points  which  are 
naturally  second-hand,  as  belonging  to  times  before  Grassi' s  arrival  in  Mary- 
land, we  cite  only  the  following  passages,  recording  his  own  observations. 

No  letters  received  from  England,  though  he  has  written  three  to  N. 
Seioall,  Wright,  and  Cross  (Tristram).  Only  one  letter,  the  whole  year,  from 
the  General,  that  of  10  Jan.  (on  the  Several!  Rescript,  through  the  English 
Provincial  ?)  Thanhs  for  the  advice  about  fostering  union  among  the  Jesuits, 
and  harmony  with  those  who  are  not  of  the  Society.1*0  The  priest  who  was  the 
principal  opponent  (Bitouzey)  has  gone  back  to  sua  Francia.  "  The  Corpora- 
tion of  the  Clergy  of  Maryland  ought,  according  to  its  Constitution,  to  contain 
no  more  than  about  twenty-six  members ;  141  and,  excepting  the  two  bishops, 
Carroll  and  Neale,  and  the  Rev.  Mr.  Young  (the  friend  of  Father  Wright?), 
and  one  or  two  priests,  all  the  others  are  Jesuits,  since  the  Rev.  Mr.  Matthews 
has  asked  for  admission  into  the  Society."  Grassi  himself  will  acquire  the 

130  Compare  the  sentiment  of  the  Abbe  Marcchal  (21  Apr.,  18 17)  to  Grassi  when 
urging  him  to  grant  Archbishop  L.  Neale's  request,  and  undertake  a  journey  to  Rome. 
He  suggests  the  ivay  in  which  the  Superior  may  do  so,  without  prejudice  to  the  Society  : 
Appearing  in  that  manner  in  Rome,  the  enemies  of  the  Society  could  not  take  any 
occasion  of  slandering  it,  from  your  journey ;  and,  if  any  would  say  anything 
against  it,  it  would  fall  and  die  away,  like  the  thousand  idle  stories  which  are  daily 
preferred  against  the  Jesuits.  (General  Archives  S.J.,  Maryl.  Epist.,  1,  v.,  Marechal, 
Vicar  General,  Baltimore,  21  Apr.,  1817,  to  Grassi.)  Sec  No.  184,  A,  note  2. 

140  Plowden  repeats  the  same  advice  in  a  letter  (2  Sept.,  1815),  which  had  not  yet  been 
received  by  Grassi :  We  Jesuits  in  England,   he  says,  need  a  leader,  to  conciliate 
externs,  especially  prelates,  priests  and  religious.  .  .  .  You  are  that  very  man  in 
America.     And  I  trust  that  you  will  be  careful  not  to  disoblige  any  of  your  own 
subjects,  and  not  .to  offend  any  of  the  clergy,  or  of  the  religious,  who  are  in  the 
country.     I  say  this  because,  within  these  two  or  three  last  years,  reports  have  been 
circulated  in  England,  that  your  pecuniary  concerns,  which  are  perfectly  unknown 
to  me,  may  easily  become  a  source  of  discord  in  the  body,  and  likewise  of  disagree- 
ment with  other  ecclesiastics.     Plowden  then  proceeds  to  treat  of  the  anti-Jesuit  cam- 
paign in  England,  and  of  his  own  publications  (under  the  name  of  "  Clcricus  "),  though 
he  does  not  mention  the  author.    (Md.-N.  Y.  Province  Archives,  1815,  Sept.  2,  Plowden 
to  Grassi ;  3  pp.  small  4to.) 

141  The  number  was  increased  to  thirty  by  the  Representatives,  28  Aug.,  1799.     See 
No.  172,  A,  lv ;  C. 


§  15]  No.  178,  K3.     GRASSrS  REVIEW,    1815  865 

rights  of  citizenship  this  year  ; 142  and  Mgr.  Carroll  has  assured  him  that  he 
will  resign  his  place  on  the  Board  of  Trustees,  to  make  room  for  Father 
GrassL  Review  of  the  past ;  resolution  16"  of  the  constituent  meeting,  4  Oct., 

142  On  this  technicality  of  citizenship,  as  being  essential  to  mere  membership  in  the 
Select  Body  of  beneficiaries,  cf.  No.  179,  H,  3?,  12  May,  1808,  where  it  occurs  to 
the  Corporation  as  an  after-thought  in  the  interpretation  of  the  charter;  also  No. 
180,  p.  884. 

The  fact  of  American  citizenship  not  being  enjoyed  by  the  Jesuits,  who  had  been 
sent  over  at  a  great  pecuniary  sacrifice  from  Europe,  their  consequent  ostracism  from 
administration  of  the  property,  and  the  placing  of  a  man  like  Kohlmann  outside  of 
Maryland,  so  that  he  could  not  be  naturalized  in  good  time,  gave  occasion  for  several 
sharp  criticisms  from  the  General. 

To  Grassi  (8  July,  1813)  he  wrote  :  "  If  Father  Molyneux  or  Father  Charles  Neale 
wanted  to  have  a  boarding  college,  even  in  Georgetoivn  alone  [not  to  speak  of  Kohl- 
inann's  institution  in  New  York],  lie  should  not  have  sent  so  many  Fathers  tomissions, 
but  have  kept  them  for  the  instruction  of  ours,  and  of  the  boarders.  .  .  .  Your  Beve- 
rence  complains  that  the  Corporation  administers  the  property,  and  tliat  you  depend  upon 
it,  until  five  years  have  passed.  Here  again  things  have  been  badly  managed,  in  as 
much  as  those,  whom  I  sent,  have  settled  outside  of  Maryland.  By  this  time  all  of 
them  would  be  citizens, 'after  their  Jive  years,  and  their  number  might  perhaps  suffice.  .  . 
Your  Reverence  says  that  the  Corporation  will,  in  a  short  time,  consist  of  our  members 
only ;  if  that  isiso,  the  administration  of  the  temporalities>will  soon  be  in  your  own  hands, 
and  your  condition  will  be  better.  Otherwise,  your  dilemma  holds,  and  you  can  main- 
tain and  urge  it,  in  the  matter  of  tlie  debt  contracted  by  Father  Ladaviere  with  the 
English  [Jesuits  ?]."  (General  Archives  S.J.,  Epist.  VV.GG.  in  Buss.,  1809-14,  8  Jul., 
N.S.,  1813,  to  Grassi.) 

The  dilemma  of  Father  Grassi  was,  no  doubt,  against  the  Corporation  in  this  wise  : 
Either  we  Jesuits  control  the  temporalities  of  Georgetown,  and  then  ive  shall  pay  the 
debt  of  Ladaviere  to  the  English  Jesuits  ;  or  you  control  the  temporalities,  and  then 
you  pay.  On  Ladaviere,  cf.  No.  179,  S,  resolution  of  the  Corporation,  17-19  May, 
1813,  13? 

The  General,  30  Sept.,  1813,  to  G-rassi.  Sends  a  copy  of  a  dispensation  for  Paul 
Kohlmann  [ex-Franciscan],  qualifying  him  to  enter  the  Society  (No.  192,  N,  note  30). 
Though  the  dispensation  is  not  valid  noiv,  since  the  limit  of  time  is  passed,  it  is  valid 
to  show  that  His  Holiness  acknowledges  the  Society  as  legitimately  established  in 
America.  On  letters  from  Father  Anthony  Kohlmann,  New  York ;  who  says,  in  one, 
that  Grassi  has  hinted  at  siipprcssing  the  Literary  Institution  in  New  York.  The 
General  leaves  the  matter  in  the  hands  of  Grassi,  since  he  himself  cannot  judge,  the 
merits  of  the  question  at  such  a  distance.  He  refuses  to  recognize  cither  college, 
whether  at  New  York  or  Georgetown  :  Collegium  neque  Neo-Eboraci,  neque  Georgio- 
poli  ego  agnosco ;  convictuin  vel  residentiam  Neo-Eboraci  sive  Georgiopoli,  sive 
utrobique,  si  manere  potest,  esse  patior ;  videat  B?  V*  in  loco,  quid  et  ubi,  ut  sit, 
conveniat.  On  the  Irish  Father  St.  Leger  and  a  companion  to  be  sent  by  the  Pro- 
vincial of  Sicily  for  work  at  Georgetown  College.  In  the  mean  time,  Fathers 
Ladaviere  and  Epinette  can  teach  the  young  Jesuits  rhetoric  and  philosophy.  Many 
other  points  of  business. 

At  the  close  of  the  letter,  the  General  treats  the  question,  for  which  Carroll  after- 
wards cited  his  Paternity  (supra,  Y2) :  whether  Kohlmann' s  position  in  New  York,  as 
Vicar  General,  ivas  regular  or  irregular.  Premising  a  word  on  Kohlmann's  rather 
premature  profession  in  the  Order,  he  merely  quotes  authorities  on  the  question,  all  in 
the  sense  of  identifying  the  Vicar-Generalship  with  a  prelacy,  for  which  only  the 
Sovereign  Pontiff  could  give  a  dispensation.  The  General  concludes  by  recommending 
Grassi  to  confer  with  Carroll,  and  cautiously  recommends  that  Kohlmann  "  resign  this 
office  "  :  Displicet  mihi  quod  P*  Ant.  Kohlmann  Prof1."  4  Votorum  emiserit  ante 
10  annum  in  Soc1?  completurn,  licet  judicem  ideo  esse  validarn  ;  et  quod,  non  obstante 
Prof"?  et  voto  circa  dignitates,  pergat,  per  ignorautiarn  certe,  esse  Yicarius  Gen1^ 
Vicariatus  enirn  Epv!  est  praelatio  extra  Societatem,  juxta  Suarez,  Castropalao,  De 
Lugo,  imo  juxta  declarationem  Urbani  VIII,  25  Januar.  1632,  factam,  et  solus 
Sumrnus  Pontifex  ejus  acceptatiouem  Nostris  Professis  potest  irnperare.  Loquatur 
R?  V?  cum  111".10  Archi-Eppo  ;  ego  in  hac  essem  sententia,  ut  Pr.  Kohlmann  omcium  hoc 
resignaret.  On  Father  <(Adam)  Marshall.  (General  Archives  S.J.,  ibid.,  30  Sept., 
1813,  to  Grassi.) 


866  A'o.  178,  K3.     GKASSI'S  REVIEW,    1815  [V 

I798.us  Circumstances  which  have  rendered  the  situation  of  the  "European" 
Jesuits  (in  Maryland)  very  painful,  veramente  dolorosa.  "  When  it  was  a 
question  of  working,  we  were  Jesuits  •  when  we  asked  that  affairs  should  be 
put  on  a  Jesuit  footing,  we  were  answered  :  This  belongs  to  the  Corporation  ; 
so  we  were  neither  Jesuits  nor  secular  priests.  The  General,  being  informed 
by  me  of  our  miserable  situation,  had  ordered  me  to  abandon  the  College  [of 
Georgetown],  and  withdraw  with  ours  elsewhere,  as  long  as  the  Corporation 
would  not  leave  it  entirely  to  my  direction  ;  and  this  concession  was  at  last 
made.  To  let  your  Reverence  understand  things  exactly,  I  will  add  that  the 
Society  here  is  truly  heterogeneous  ;  that  is  to  say,  out  of  eight  or  nine  Fathers 
sent  by  Father  General,  two  are  ex-Augustinians,  one  ex-Capuchin,  one 
ex-Premonstratensian,  one  ex-Franciscan,  ex-Paccanarists,  etc"  Grassi's 
reflections  hereupon.144'  C.  Neale,  who  was  a  novice  in  the  old  Society,  is  the 
only  survivor  of  the  former  Jesuits.  Various  other  points.  Messrs.  Ashton 
and  Plunkett,  deceased;  also  Father  John  Fenwick,  a  Dominican.  Mgr. 
Neale  is  just  starting  for  Baltimore  to  visit  Mgr.  Carroll,  who  is  dangerously 
ill.  If  the  latter  dies,  it  will  be  a  severe  bloio  for  the  Catliolic  religion  in  this 
country.  .  .  . 

Md.-N.  Y.  Province  Archives,  (1814),  Dec.  10-11,  Carroll  to  Grassi ;  2  pp. 
4to,  No.  171.  Ibid.,  1814,  Dec.  17,  same  to  same;  3  pp.  4to,  No.  172.  Ibid., 
1814,  Dec.  19,  Kohlmann,  New  York,  to  Grassi.  Ibid.,  1814,  Dec.  27,  Carroll, 
Baltimore,  to  Grassi;  3  pp.  4to,  No.  173.  Ibid.,  1815,  Feb.  21,  same  to  same; 
5 pp.  4to,  No.  174.  Ibid.,  1815,  Martii  1815,  prima  die  Nov[enae]  S.  Fr.  Xav., 
(Mar.  4),  Grassi,  Georgetown,  to  Kohlmann,  (New  York).  Ibid.,  (1815),  Mar.  16, 
Carroll,  Baltimore,  to  (Grassi) ;  2 pp.  4to,  No.  175.  Ibid.,  1815,  Mar.  31,  same 
to  same;  3pp.  4to,  No.  176.  Ibid.,  1815,  May  7,  same  to  same;  2  pp.  4to, 
No.  177.  Ibid.,  1815,  May  19,  same  to  same  ;  3pp.  4to,  No.  178.  Ibid.,  1815, 
May  23,  Kohlmann,  White  Marsh,  to  (Grassi).  Ibid.,  1815,  July  18,  Carroll  to 
L.  Neale,  Georgetown;  1  p.  4to,  No.  181.  Ibid.,  (1815),  July  26,  Carroll,  to 
F.  Neale,  Georgetown;  1  p.  4to,  No.  184.  Ibid.,  1815,  Aug.  12,  F.  Neale,  power 
of  attorney  to  Lewis  de  Barth.  Ibid.,  1815,  Aug.  25,  Carroll,  Baltimore,  to 
Grassi  ;  3  pp.  4to,  No.  185.  Ibid.,  1815,  Sept.  10,  Carroll,  Bohemia,  to  Enoch 
Fenwick,  Baltimore ;  1  p.  4to,  No.  186. — English  Province  Archives,  portfolio  6, 
ff.  113,  114,  Carroll,  5  Jan.,  1815,  to  Plowdcn.  Ibid.,ff.  110, 116,  same  to  same, 
'20  Mar.,  1815.  Ibid.,  f.  118,  same  to  same,  25  June,  1815.  Ibid.,  f.  125", 
same  to  same,  13  Oct.,  1815.  Ibid.,  Grassi  Correspondence,  Grassi,  George- 
town, 23  Nov.,  1815,  to  C.  Ploioden. 

143  No.  168,  A,  16? 

144  Cf.  Grassi's  Meraorie :  "  In  fact,  there  was  an  ex-Capuchin,  Father  Anthony 
Kohlmann  [also  an  ex-Paccauarist] ;  an  ex-Franciscan,  his  brother,  Father  Paul ;  an 
ex-Conventual,  Father  Francis  Maleve ;  an  ex-Augustinian,  or  Conventual,  Father 
Maximilian  Rantzau ;  an  ex- Revolutionist,  Father  Malou  [Belgian  statesman,  in  the 
war  of  independence  with  Austria].     Our  Father  General,  seeing  that  many  religious 
had  been  cast  adrift  in  the  midst  of  the  ivorld  [during  the  French  Revolution],  thought 
it  an  act  of  charity  to  receive  them  into  the  Society,  which,  beginning  to  expand  at  the 
time,  had  need  of  siibjects.     This  being  prohibited  absolutely  by  the  Institute,  he  wrote 
to  Father  Pignatelli,  then  in  Rome  and  Superior  of  ours,  desiring  him  to  petition  the 
Pope  for  a  dispensation  on  this  head.    If  ever  the  religious  and  blind  obedience  of  that 
servant  of  God  shone  forth  transparently,  it  was  certainly  on  that  occasion  when, 
against  his  own  decided  opinion  that  it  is  not  expedient  to  depart  in  any  tittle  or  iota 
from  what  St.  Ignatius  prescribed,  he  bowed  his  head,  obeyed,  and  obtained  the  pontifical 
dispensation  to  admit  into  the  Society  persons  who  had  been  in  other  religious  Orders.''1 
(General  Archives  S.J.,  Maryl.  Epist.,  1,  i.,  Grassi's  Memorie  sulla  Compagnia  di 
Gesu,  ristabilita    negli  Stati    Uniti    dell'   America   Settentriouale,   dall'   1810-17; 
pp.  34-37.) 


§  15]  No.  179.     PENSIONS  AND  AIDS,    1805-1815  867 

The  foregoing  documents,  reaching  from  1800  till  his  death  in  1815, 
contain  all  the  substance  of  Carroll's  policy  regarding  Jesuit 
property.  Other  letters  of  his  yield  no  new  clement  on  this 
subject.  Prior  to  1800,  his  policy  is  seen  in  previous  Numbers, 
with  respect  to  the  establishment  of  a  Corporate  Body,  and  the 
conduct  of  its  affairs  when  once  established. 

Episcopal  jurisdiction  and  the  exemption  of  regulars  are  topics  on  which 
he  has  touched  in  this  Number  (17 8),  from  the  date  of  the  canonical 
re-estaUishment  in  1814  (P2-G3).  But  this  matter  had  already 
been  practically  exhausted  even  before  the  re-establishment  (1809- 
1812),  as  will  appear  in  a  series  of  documents  parallel  with 
those  given  above  from  U  to  X.  See  No.  192,  D-F2. 

As  to  his  policy  with  regard  to  the  property,  the  interpretation  put 
upon  Carroll's  methods  by  the  Neale  party  may  seem  to  be  justified 
in  the  general  trend  of  his  policy,  though  not  in  the  intentions 
which  animated  that  policy.  In  fact,  before  he  was  Prefect 
Apostolic  he  had  proposed  a  plan  of  organization  for  the  Chapter, 
which  left  a  door  wide  open  for  the  devolution  of  the  property, 
should,  the  Society  not  re-enter  into  possession  (No.  143,  A)  ;  and 
he  was  slow  to  believe,  at  subsequent  periods,  both  before  the  partial 
restoration,  and  before  the  general  restoration,  that  the  property 
would  not  eventually  lapse  into  other  hands.  But,  as  to  his 
intentions,  he  seems  to  have  been  scrupulously  correct.  Quite 
content  as  he  may  have  been  to  contemplate,  the,  prospects  of  the 
estates  lapsing  into  hands  like  his  own,  which  would  have  used 
them  well  for  the  purposes  of  religion,  he  seems  never  to  have 
been  betrayed  into  a  cross-movement,  which  could  justly  be  inter- 
preted as  manoeuvring  to  obtain  by  sleight  what  he  could  not  claim 
by  right.  In  any  case,  there  appears  to  be  no  semblance  of  a 
likeness  between  Carroll,  the  "  venerable  predecessor,"  who  figures 
in  the  documents  of  Section  III.  (Nos.  115-119),  and  the  Carroll 
portrayed  in  his  own  autograph  documents  ;  no  more  than  between 
Carroll's  policy  on  jurisdiction,  and  Marechal's  policy  as  shown 
in  No.  135,  B-Q. 

No.  179.  1805-1815. 

Pensions  and  aids,  resumed,  1805-1815  :  continuation  of  the  old 
system  under  the  new  Society.  The  first  aid  attempted  after 
the  restoration  was  in  the  shape  of  a  concordat  between  Molyneux, 
the  new  Jesuit  Superior,  and  Bishop  Carroll,  the  Ordinary.  The 


868  No.  179,  A.     PENSIONS  AND  AIDS,    1805-1815  [V 

purport  of  tliis  arrangement,  as  already  indicated?-  was  to  charge 
the  estates  of  the  Society  with  the  bishop's  support,  and  with  the 
maintenance  of  the  diocesan  seminarians ;  while,  at  the  same 
time,  an  adjustment  was  made  between  the  proprietary  rights 
of  the  Society  on  its  own  property  and  the  Ordinary's  right  of 
jurisdiction  in  his  diocese.  This  latter  accommodation  was  that 
of  recognizing  the  same  jus  patronatus  inherent  in  the  owners, 
as  had  been  recognized  and  acted  upon  by  the  Ordinary  in 
dealing  hitherto  with  the  Corporation.  And  so  too  the  former 
arrangement,  charging  the  Society  with  the  double  maintenance 
of  the  bishop  and  his  seminarians,  was  expressly  assumed  in  the 
document,  as  continuing  the  old  engagement.  Myr.  Marechal 
submitted  a  copy  of  this  document  to  the  Propaganda,  in  18^? 
The  original  manuscript  did  not  come  to  light  till  some  seventy 
years  after  the  "  trite  copy "  had  been  submitted  in  Rome.  A 
facsimile  of  it,  and  other  matters  concerning  it,  arc  to  be  seen 
infra,  in  the  next  Section  on  Concordats.3 

Molyncux  proceeded  to  carry  out  another  act  of  beneficence,  as  already 
projected  by  the  Corporation.  It  had  reference  to  a  minor  estate 
in  Delaware,  treated  of  before* 

A.  1806,  January  24. 

Robert  Molyneux,  (Superior),  St.  Thomas's  Manor,  24  Jan.,  1806,  to 
Francis  Neale,  (agent  of  the  Corporation),  Georgetown.  Transactions  with 
the  Rev.  Mr.  Kenny,  West  Chester,  and  Rev.  Mr.  Bosseter,  Philadelphia. 

...  I  have  two  points  more  to  mention,  communicated  by  Bishop 
Carroll.  1°  From  Rev.  Mr.  Kenny  of  W.  Chester.  2°  From  Rev.  Mr. 

Rossater  of  St.  Mary Church,  Philadelphia,  known  to  your  Brother 

Gortyna. 

[7°]  Rev.  Mr.  Kenny  applies  to  Bishop  Carroll  and  our  Corporation  for 
permission  to  sell  White  Clay  Creek  in  New  Castle  County,  on  these  terms  : 
first,  to  raise  two  hundred  pounds  to  defray  the  debt  due  to  Mr.  Hearn ; 
secondly,  four  hundred  more,  the  interest  of  which  to  be  an  annual  fund 
towards  the  support  of  the  officiating  clergyman  serving  the  congregations 
of  that  district,  viz.  West  Chester,  Wilmington  and  New  Castle,  reserving 
however  the  church,  burying  ground  and  dwelling  house,  and  will  try  to 
find  a  respectable  Catholic  to  purchase  it,  giving  a  mortgage  on  the  whole 
property.  As  this  answers  the  original  purpose  of  the  purchase  of  that 
property  of  which  I  am  sole  proprietor,  I  have  approved  of  that  plan  and 
desired  Bishop  Carroll  to  inform  Mr.  Kenny  of  the  same. 

1  No.  178,  p.  824.  2  Cf.  No.  115,  §  23. 

1  Nos.  186,  187.  4  No.  96. 


15]  JVS>.  179,  B,  C.     PENSIONS  AND  AIDS,    1805-1815  869 


Rev.  Mr.  Rossater,  labouring  under  bodily  infirmities  which 
render  him  unfit  for  any  essential  pastoral  duties,  wishes  to  retire  to  some 
of  our  houses  —  to  effect  this  Mr.  Rosseter  makes  the  following  proposals. 
He  offers  Bishop  Carroll  to  transfer  at  once  to  the  Corporation  of  the 
Jesuit  Fathers  1850  [silver  M]  dollars  in  the  -3%  stock  U.S.;  desiring  in 
return  my  board  and  lodging  here  or  in  any  of  their  houses,  provided  they 
allow  the  interest  of  it  —  $56.5/100  —  during  my  life.  Mr.  Molyneux  says, 
he  has  proposed  to  Bishop  Carroll  Bohemia  estate  as  the  fittest  place  for 
Mr.  Rosseter's  retreat,  and,  as  Bohemia  estate  is  under  the  direction  of 
the  Bishop  Neale,"'  that  they  the  Bishops  may  act  in  the  affair  as  they 
think  best.  .  .  . 

B.  1806,  June  20. 

Indenture  be/ween  Rosseter  and  the  Corporation. 

It  is  dated  June  20,  1806.  The  signatures  stand  thus:  Michael  Egan, 
F.  X.  Brosius,  as  witnesses  for  John  Rosseter,  all  attaching  seals  ;  Wm 
Pasquet,  Francis  Neale,  Witnesses  for  the  Corporation.  By  order  of  the 
Corp".  +  J.  Carroll  pres'.  The  latter  attaches  the  seal  of  the  Corporation, 
which  shows  the  monogram  of  the  Society  :  I  H  S,  the  central  letter  H  being 
surmounted  by  a  cross  and  supported  beneath  by  three  nails.  Carroll's 
autograph  includes  the  two  notes  about  Witnesses  for  the  Corporation  and  by 
order.  Endorsed  with  an  acknowledgment  by  Rosseter  and  his  two  witnesses 
of  the  receipt  of  5  shillings.6 

G.  1806,  September  9. 

Proceedings  of  the  Corporation,  9  Sept.,  1806,  Georgetown. 

.  .  .  Resolved  1?  That  MM.  Francis  Beeston,  Robert  Plunket,  William 
Matthews,  Notley  Young  and  Joseph  Eden7  are  chosen  Directors  of  the 
College  of  Georgetown,  to  remain  in  office  from  this  day  to  the  second  of 
September,  1809. 

...  4?  The  RR.  Bishop  Carroll  is  desired  to  settle  the  accounts  of 
the  Seminary  concerning  the  MM.  Fenwick,  out  of  the  monies  now  in 
his  hands.8 

5?  The  Corporation  agrees  to  accept  the  offer  of  the  Rev.  Mr.  Rosseter 
of  Philadelphia,  of  certain  certificates  of  three  per  cent,  funds  of  the 
"United  States,  on  the  terms  proposed  by  him,  and  hereby  authorize  the 
execution  of  a  proper  instrument  of  writing  in  their  name  to  that  effect. 

(a)  Silver  in  the  indenture. 

5  Cf.  No.  170,  A2. 

0  The  action  of  the  Corporation,  authorizing  tlie  execution  of  a  proper  instrument 
of  writing  in  their  name,  appears  in  the  minutes  only  under  date  of  9  Sept.,  1806  (infra, 
C,  5'?  ).  On  12  Sept.,  1807,  a  power  of  attorney  from  Molyncux  enables  Rosseter,  of 
the  City  of  Philadelphia,  to  receive  rents  and  pass  receipts  (Md.-N.  Y.  Province 
Archives,  H  ;  1  p.  4to).  The  cash  received,  23  Oct.,  1817,  from  the  sale  of  Rosseter's 
3%  stock  is  $1318.12  (ibid.,  carton  DB,  Agent's  Cash-Book,  1802-20). 

7  The  two  first-mentioned  were  ex-  Jesuits  ;  and  neither  of  them  had  entered  the 
restored  Society. 

8  Cf.  No.  171,  A,  ad  note  6. 


870  No.  179,  D-F.     PENSIONS  AND  AIDS,    1805-1815  [V 

6°.  Pasquet  authorized  to  rent  out  two  plantations  on  Deer  Greek.  See 
No.  87,  E. 

7?  The  R.  Mr.  Molineux  and  the  R.  Mr.  Eden  are  hereby  allowed 
eighty  dollars  each  per  annum  out  of  the  funds.  Adjourned  till  to-morrow. 

-f  J.  CARROLL.      ROBERT  MOLYNEUX.      ROBERT  PLUNKETT.     G.  B. 
BITOUZEY. 

D.  1806,  September  11. 

September  11.  The  same  members  as  yesterday  [!]  met  at  the  same 
place  and  resolved  : 

1"  That,  if  schools  of  philosophy  and  divinity  be  opened  in  George 
town  College,  the  young  ecclesiastics,  who  are  not  postulants  for  entering 
into  the  novitiate  of  the  Society,  may  have  their  option,  either  to  continue 
their  studies  at  said  College  or  the  Seminary  of  Baltimore ;  and,  if  those 
young  men  be  entitled  to  a  maintenance  and  education  from  the  Corpora- 
tion, the  payment  thereof  shall  be  made  to  either  place  on  the  same  terms. 

2°.  Here  is  one  of  the  resolutions  providing  for  the  restored  Society,  as 
cited  above  with  other  correlative  resolutions  about  this  time.  See  No.  178, 
P,  2°. 

Signed  by  the  same  four. 

E.  Same  date. 

On  the  same  day  and  place,  the  same  members  present  as  this  morning. 
Resolved : 

1°  Instead  of  contributing  to  the  Bishop  §800  a  year,  the  Corporation,  in 
pursuance  of  a  suggestion  from  the  CJiapter  of  Representatives,  agrees  to 
let  him  have  the  estate  at  Bohemia,  subject  to  conditions.  An  engagement  is 
taken  to  do  as  much  for  the  succeeding  Bishop  (Leonard  Neale),  at  the 
death  of  the  present  Bishop  (Carroll).  See  text,  No.  178,  Q. 

2°.  That  the  charges  on  the  general  fund  of  the  Corporation  for  the 
present  year  be  paid  therefrom ;  and  that,  after  the  first  day  of  January, 
1807,  the  rents  of  St.  Inigo  estate,  now  constituting  a  part  of  that  fund, 
be  applied  to  the  College  of  George  town. 

...  5°  This  resolution  about  Pasquet  authorizes  the  President  of  the 
Corporation  9  to  execute  a  bond  in  favour  of  Pasquet,  towards  discharging  a 
debt  due  to  him  from  Deer  Creek.  Cf.  No.  87,  E. 

Signed  by  the  same  four, 

F.  1806,  November  24. 

Carroll,  Baltimore,  24  Nov.,  1806,  to  Molyneux,  Georgetown.  On  the 
delay  of  the  Corporation  in  arranging  properly  the  affair  of  Rev.  Mr.  Patrick 
Kenny,  about  the  conveyance  of  your  estate  near  White-Clay  Creek,  Del. ; 10 

9  This  idea  of  a  President  is  already  in  practical  business  use.     See  supra,  B  : 
+  J.  Carroll,  pres1. 

10  Cf.  No.  96,  F,  for  the  conclusion  of  the  business  with  Rev.  Mr.  Kenny. 


§   15]  No,  179,  G,  H.     PENSIONS  AND   AIDS,    1805-1815  871 

and  in  sending  the  power  of  attorney  to  Mr.  Rosseter,  to  receive  the  interest 
accruing  on  the  stock  of  the  Corporation,  mentioned  in  his  transfer  to 
them.  Both  gentlemen  are  complaining. 

G.  1807,  September  1. 

Proceedings  of  the  Corporation,  1  Sept.,  1807,  Georgetown. 

...  3°.  The  R  :  R  :  Messrs.  Adam  Britt,  John  Henry,  Francis  Maleve, 
Peter  Epinette  and  Anthony  Kohlman,11  having  petitioned  to  be  admitted 
into  the  Select  Body  of  the  R  :  C  :  Clergymen,  they  are  hereby  declared 
members  of  the  said  body. 

.  .  .  Signed :  ROBERT  MOLYNEUX.    HENRY  PILE.    ROBERT  PLUNKETT. 

H.  1808,  May  12. 

Proceedings  of  the  Corporation,  12  May,  1808,  Georgetown. 

.  .  .  3°.  It  appearing  to  this  Board  that,  at  the  meeting  of  the  Corpora, 
tion  held  at  the  White  Marsh  on  the  twenty-eighth  of  Nov.  1804,1'3  and  at 
George  town  on  the  first  day  of  Sept.  1807,13  the  ER.  Messrs.  Will"?  Vernes, 
Adam  Britt,  John  Henry,  Francis  Maleve,  Peter  Epinette  and  Anthony 
Kohlman  were  admitted  into  the  Select  Body  of  the  Clergy,  and  it  being 
suggested  that  they  were  not  citizens  of  the  State  of  Maryland  at  the 
time  and  not  legally  qualified  to  be  made  members  of  the  Select  Body  : 
resolved,  that  the  Board  entertains  great  respect  for  the  aforesaid  RR. 
gentlemen,  and  regrets  that  there  is  any  room  to  doubt  of  the  legality  of 
their  admission  ;  that  it  approves  of  their  nomination,  and  requests  them 
to  remove  the  impediment  to  their  admission,  as  soon  as  it  can  be  properly 
effected,  that  they  may  enjoy  fully  the  rights  belonging  to  the  members  of 
the  Select  Body.14 

4*!  Resolved,  that  the  seventh  resolve  of  the  Corporation  at  their 
meeting  held  on  the  ninth  day  of  Sept.  1806,  so  far  as  respects  an  annual 
allowance  to  the  Rev.  Mr.  Eden,15  was  not  meant  to  be  of  force  longer 
than  during  his  attendance  on  the  congregation  of  Alexandria. 

5°  Surplus  proceeds  of  St.  Inigoes,  Neto  Town,  and  St.  Thomas's,  to  go  for 
this  coming  season  to  the  account  of  the  Rev.  Mr.  Molyneux  (Superior  of  the 
Jesuit  mission).  See  No.  178,  S. 

.  .  .  Signed  :  -j-  J.  Bishop  of  Baltimore.     G.  B.  BITOUZEY.     ROBERT 
PLUNKETT.     ROBERT  MOLYNEUX. 

11  All  Jesuits,  sent  to  Maryland  by  tJie  General,  at  his  own  expense.    In  1813, 
July  8,  Father  Brzozoiuski,  excusing  himself  from  sending  any  more,  mentions  the  item 
of  charges ;  quia  uimis  multum  constat.     (General  Archives  S.J.,  Epis.  VV.GG.  in 
Buss.,  1809-14,  the  General,  1813,  July  8,  N.S.,  to  Grassi.) 

12  No.  177,  D,  5f; 

13  Supra,  G,  3° 

14  The  charter  of  the  Corporation  docs  not  enjoin  any  such  qualification  as  citizen- 
ship on  members  of  the  Select  Body.     See  No.  164,  A.     For  the  effects  of  this  action 
on  the  part  of  the  Board,  cf.  No.  178,  K3,  note  142.     Carroll  seems  responsible  for  it. 

15  Supra,  C,  7? 


872  No.  179,  J-L.     PENSIONS  AND  AIDS,    1805-1815  [V 

J.  1808,  October  4. 

Proceedings  of  the  Corporation,  4  Oct.,  1808,  Georgetown. 

A  new  board,  having  qualified  themselves  by  oath,  before  John  Threlkeld, 
justice  of  the  peace,  and  having  signed  the  usual  formula  of  the  oath,  proceeded 
to  business. 

...  6°  The  Rev.  Mr.  Betouze  having  left  with  the  agent  $400  of  the 
savings  of  the  White  Marsh  estate:  resolved,  that  $180  thereof  be 
appropriated  towards  paying  the  annuity  due  to  the  Rev.  Mr.  Plunkett, 
and  $100  be  subject  to  the  order  of  Bishop  Carroll  for  the  future 
incumbent  of  Deer  Creek ;  and  that  the  Agent  be  accountable  to  this 
Board  for  the  remainder. 

7°  Pasquet  called  to  account.     See  Nos.  87,  E  ;  178,  Z2,  note  123. 

8°  Resolved,  that  the  RR.  Messrs.  Enoch  and  Benedict  Fenwick, 
James  Spink  and  Leonard  Edelin,1"  having  petitioned,  are  admitted  as 
members  of  the  Corporation  of  Catholic  Clergymen. 

.  .  .  Signed  :  +  J.  Bish?  of  Baltre.    LEOND  NEALE,  Bp.  Gortna   ROBERT 

MOLYNEUX.       J.  B.  BlTOUZEY.       FRANCIS  NEALE. 

K.  1809,  June  26. 

Proceedings  of  the  Corporation,  26  June,  1809,  Georgetown. 

...  9.  The  Trustees,  having  proceeded  to  the  choice  of  Directors  of 
the  College,  whose  term  of  service  will  commence  on  the  2d.  of  Sept.  1809, 
made  choice  of  R'  Rev.  Bishop  ISTeale,  Rev.  Wm.  Matthews,  Germain 
Betouzey,  Notley  Young  and  Enoch  Fenwick.17 

+  J.  Bishp.  of  Baltr.e     -f  LEOND  NEALE,  Bp.  of  Grtnft     SYLVR  BOAR 
MAN  [vice  Molyneux,  deceased].     FRANCIS  NEALE. 

L.  1811,  January  4. 

Carroll,  Baltimore,  4  Jan.,  1811,  to  Rev.  Mr.  Charles  Neale  (Superior  of 
the  Jesuit  Mission),  Mount  Carmel,  near  Port-Tobacco.  A  letter  showing  the 
jus  patronatus  in  operation. 

REV.  AND  HOND  SIR, 

I  can  resist  no  longer  the  entreaties  and  representations  of  S. 
Inigo,  and  Cobneck  and  Newport.  Carroll  has  informed  the  Bishop- 
Coadjutor  of  his  determination  to  confide  Cob-neck  and  Newport  congregations 
to  Mr.  Griffin,  Mr.  Sylvester  Boarman  being  quite  unable  to  attend  to 
them  ; 18  proposing  at  the  same  time  for  your  concurrence,  and  as  an 

16  All  Jesuits. 

17  One  bishop,  E.  FcnwicTc  Jesuit,  Matthews  and  Young  lately  accepted  as  novices 
(cf.  No.  178,  U),  and  Bitouzey  non- Jesuit. 

18  Sylvester  Boarman  ivas  a  Jesuit ;  Griffin  was  not.     Tine  latter  subsequently  came 
to  grief  in  the  ministry.     Carroll,  12  Nov.,  1814,  tells  Grassi  that  he  will  not  restore 
Mr.  McGinn  to  any  station  in  Charles  or  St.  Mary's  County ;  so  he  will  avail  himself 
of  the  charity  of  Messrs.  Edclen  and  Moynihan  in  proposing  Mr.  Griffin,  on  condition 


§  15]  No.  179,  M.     PENSIONS  AND  AIDS,    1805-1815  873 

evidence  of  ruy  wish  to  act  harmoniously  with  you,  to  re-establish  Mr. 
Sylvester  Boarman  at  S.  Inigo.  The  labour  there  is  moderate,  and  Mr. 
Boarman  is  very  acceptable  to  that  congregation.  No  other  cause  was  ever 
alledged  to  me  for  his  removal,  but  that  he  interfered  with  the  authority 
given  by  Mr.  Francis  Neale  [agent]  to  Br.  Mobberly  [a  lay-brother']. 
This  was  a  trifle  indeed,  compared  with  the  total  abandonment  of  such  ti 
congregation,  of  the  living  and  dying.  Viewing  my  duty  before  God,  I 
cannot  and  must  not  leave  things  in  their  present  situation.  Decency 
requires,  that  Mr.  Boarman  shall  have  the  interior  management  of  the 
house,  the  ordering  of  the  table,  and  such  liquors  as  are  wanted  in 
moderation  and  in  good  manners.  There  is  no  danger  of  his  using  or 
giving  them  in  excess.  Let  him  have,  under  his  superior  controul,  the 
servants  necessary  for  attending  on  him  and  about  the  house,  and  such 
other  allowances  from  the  estate  for  his  private  wants,  as  his  Eeligious 
Superior  sees  proper.  I  shall  write  to  him,  signifying  my  direction  as  his 
Bishop,  hoping  that  you,  as  his  Superior,  will  issue  yours  as  soon  as  the 
old  gentleman  can  travel  with  convenience.  Mr.  Griffin  will,  as  is 
supposed,  prepare  himself  to  take  Mr.  Boarman's  station  as  soon  as  he  gets 
my  notice.  .  .  . 

M.  (1811,  May  25.) 

Carroll,  (25  May,  1811  1!)),  to  the  General,  Father  Brzozowski.  Shea's 
abstract,  and  excerpt  of  passage  reviewing  the  actual  state  of  the  Society  in 
America.*3 

About  1811,  Bishop  Carroll  writes  to  the  Superior  General  of  the  Jesuits 
in  Russia,  stating  that,  with  the  power  sent  him  by  Father  Gruber,  he  had 
appointed  Mr.  Molyneux  Superior  of  the  Jesuits  in  the  United  States  ;  that 
Father  Molyneux  [at  his  death']  appointed  Rev.  Chas.  Neale  in  his  place, 
who  was  afterwards  confirmed  by  the  Superior  in  Russia  ;  that  it  is  expedient 
for  the  welfare  and  prosperity  of  the  Society  that  some  one  should  be  appointed 
Superior  who  would  be  acceptable  to  the  bishops  of  the  United  States : 
maxime  autem  necessarium  hoc  tempore,  quo,  uti  novit  tua  Paternitas, 
incerta  et  ambigua  est  Societatis  apud  nos  conditio.  Hie  enirn  breve 
Clem.  XIV.  ex  authoritate  intimatum  suum  efiectuni  plene  sortitum  est ; 
cui,  quantum  spectat  ad  Societatis  redintegrationem,  novorumque  sociorum 
adscriptionem,  regimen  denique  externum,  privilegiorum  antiquorum  usum, 
uihil  opponi  potest  praeter  consensum  Pii  VII.  verbo  tenus,  nullo  authen- 
tico  instrumento  firmatum.  Interim  quotquot  sumus  episcopi  sacrarnento 
constringimur  ecclesias  nostras  ex  canonum  praescripto,  et  statutis 
Congregationis  de  Prop.  Fide  administrare,  bisque  in  virtute  obedientiae 

that  he  make  a  thirty  days'  retreat,  according  to  the  method  of  St.  Ignatius,  remaining 
meamohile  suspended.  (Md.-N.  Y.  Province  Archives,  1814,  Nov.  12,  Carroll,  Balti- 
more, to  (Grassi) ;  2pp.  4to,  No.  169.) 

9  Cf.  No.  115,  §  4,  note  2,  the  date  given  in  the  General's  answer,  8  Sept.,  1811. 
20  We  have  not  found  the  original  from  which  Shea  took  the  following  abstract  and 
excerpt. 

VOL.    I.  3   L 


874  No.  179,  N.     PENSIONS  AND  AIDS,    1805-1815  [V 

morem  gerere,  etc.  Praeterea  saepe  moniti  fuimus  turn  a  sapientissimo 
piaeque  memoriae  Praedecessore  tuo,  turn  etiam  ab  Adm.  R.  P.e  tua,  in  rebus 
externis  sociorum  conditionem  eamdem  esse  cum  clero  saeculari,  hos 
regularium  privilegiis  non  gaudere,  corpus  et  communitatem  non  consti- 
tuere  ;  denique,  cum  sacris  votis  se  obstringunt,  obligare  quidem  con- 
scientias  suas  ad  servanda  baec  vota  et  Societatis  leges,  quibus  religiosam 
perfectionem  consequantur,  caeterum,  quoad  reliquum,  iiihil  exterius 
mutandum  esse.  Neque  sane  intelligo  quid  amplius  statui  possit,  donee 
specialiter  brevi  Clem.  XIV.  aliisque,  si  quae  sunt,  authenticis  S.  Sedis 
decretis  derogatum  fuerit,  sicut  a  Smo  P.  N.  derogatum  fuit  per  brevia 
specialiter  edita  pro  ditione  Moscovitica  et  regno  utriusque  Siciliae. 

The  bishop  proceeds  to  say  that  Father  Neale  had  been  imprudent,  or  not 
sufficiently  exact  in  his  administrative  conduct;  and  especially  that  he  had 
recalled  Father  Britt  from  Philadelphia  to  Georgetown,  without  consulting  or 
notifying  either  the  Bishop  of  Philadelphia  or  that  of  Baltimore.  Arch- 
bishop Carroll  applied  to  the  Bishop  of  Philadelphia  for  faculties  for  Mr. 
Britt,  as  he  could  not  grant  them  himself  without  the  permission  of  Dr. 
Egan.21 

N.  1811,  June  10. 

Proceedings  of  the  Corporation,  10  June,  1811,  Georgetown. 

...  3?  The  Rev.  Ign.  B.  Brooke  having  offered  his  resignation  of  the 
management  of  the  Newtown  estate,  the  same  is  hereby  accepted,  and 
the  Corporation  recommends  the  immediate  appointment  of  a  successor  to 
be  made  agreeably  to  the  provisions  of  the  Constitution. 

4°  Resolution  regarding  the  sale  of  Deer  Creek  and  lots  of  land  near  the 
White  Marsh,  and  providing  for  the  Rev.  Mr.  Eden  (non-Jesuit}.  See 
No.  87,  E. 

-1  See  Nos.  115,  note  2 ;  192,  P-X  :  the  Oeneral's  answer,  with  other  correspondence. 

The  last  statement  in  Carroll's  letter  is  not  quite  intelligible  as  it  stands  here.  It 
seems  to  mean  that,  because  Father  Britt  served  for  some  time  in  Bishop  Egan's  diocese, 
he  was  under  some  diocesan  obligations  of  obedience  to  the  said  bishop,  as  if  he  were 
addictus  dioccesi  by  a  promise  of  obedience  on  being  ordained,  or  by  a  formal  act  of 
enrolment  in  the  diocesan  clergy  of  Philadelphia.  Father  Britt  ivas  in  neither  category. 
Whether  he  came  as  a  secular  priest  on  his  oion  account,  and  tlwn  left  on  his  own 
account,  or  whether  he  was  sent  by  another  (Father  Charles  Neale),  of  whose  relations 
ivith  him  the  Ordinary  took  no  notice  in  diocesan  affairs,  as  Carroll  expressly  says  in 
the  Latin  excerpt,  he  was  free  to  come  and  go,  and  any  bishop,  who  chose  to  receive  him, 
being  certified  of  his  good  standing,  was  free  to  give  him  faculties  or  not,  without  con- 
sulting any  other  bishop  to  whom  Britt  did  not  belong.  Cf.  No.  135,  B,  where  Card. 
Fontana  (5  May,  1821)  instructs  Mgr.  Marechal,  that  priests  who  merely  choose  to  serve 
a  diocese  are  not  therefore  bound  to  a  diocese,  unless  they  formally  attach  themselves 
to  the  same. 

Singular  as  is  this  last  passage  of  Carroll's,  on  the  supposition  that  Father  Britt 
was  a  Jesidt  of  America,  only  in  foro  interno,  it  becomes  much  more  inexplicable  wJien 
notice  is  taken  of  the  fact  that  technically  and  canonically  he  seems  to  have  been  a  full 
Jesuit  in  foro  cxterno,  as  having  been  enrolled  in  the  Province  of  Italy  for  the  year 
1805.  Cf.  A.  Vivicr  S.J.,  Nomina  Patrum  ac  Fratrum,  qui  Societatern  Jesu  ingressi 
in  ea  supremuui  diern  obierunt,  7  August!,  1814 — 7  August!,  1894 ;  No.  347,  note  (e), 
on  Adam  Britt :  It[aZj.  ingr[essfts]  .  .  .  1805. 


§  15]  No.  179,   0,   P.     PENSIONS  AND  AIDS,    1805-1815  875 

.  .  .  6?  Resolved  by  the  Corporation  and  Archbishop,  that  the 
management  of  the  Newtown  estate  be  committed  to  the  Rev.  Mr.  Edlen 

[Edelen,  Jesuit]. 

.  .  .  Signed:   +J.  Ab"  of  Baltimore.       +  LEON?  Bsh.p  of  Gort"."      SYLV. 
BOARMAN.     FRANCIS  NEALE. 

0.  1811,  September  17. 

Proceedings  of  the  Corporation,  17  Sept.,  1811,  (Georgetown"). 
...  4°  The  Rev.  Adam  Marshall  [Jesuit]  on  his  petition  is  received  as 
a  member  of  the  Corporation. 

+J.  Ab.p  of  B'.e     LEON"  B>:  of  Grt".11    FRANCIS  NEALE. 

P.  1812,  April  22. 

Proceedings  of  the  Corporation,  22  Apr.,  1812,  Georgetown. 

After  qualifying  themselves  with  the  usual  oath  which  they  sign,  before  the 
justice  of  the  peace,  John  Threlkeld,  they  proceed  : 

...  3?  On  Deer  Creek  and  White  Marsh.     See  No.  87,  E. 

4?  The  Rev.  Messrs.  Peter  Epinette  and  Francis  Maleve  [Jesuits], 
having  exhibited  certificates  of  their  citizenship,  are  declared  to  be 
members  of  the  Select  Body  of  the  Clergy,  pursuant  to  the  proceedings 
of  a  meeting  of  this  board  held  May  12th,  1808.22 

5?  Resolved,  that  the  Rev.  Messrs.  Henry  [Jesuit]  and  Griffin  [non- 
Jesuit]  be  allowed  eighty  dollars  per  annum,  from  the  first  of  January, 
1812,  the  former  chargeable  on  St.  Thomas's  Manor,  the  latter  on  the 
Newtown  estate ;  and  moreover  that  $80  more  be  granted  from  St. 
Thomas's  Manor  to  Rev.  Mr.  Henry  in  consideration  of  his  present 
distress. 

6?  The  Georgetown  College  Directors  are  to  demand  of  P  usque  t  a  deed 
of  the  land  taken  up  by  him  at  Bohemia. 

7'.'  Continuation  of  the  troubles  between  Pasquet  and  the  Corporation; 
Archbishop  Carroll  noio  undertakes  to  act  as  a  committee  of  one,  in  dealing 
with  this  subordinate  of  his  at  Bohemia.23 

...  9?  It  being  expected  that  some  money  will  be  raised  from  sales 
of  property  belonging  to  the  estate  of  the  White  Marsh,  the  Rev.  Mr. 
Bitouzey,  or  the  Agent,  is  authorized  to  expend  $800,  or  at  most  $1000 
of  the  said  money,  on  the  buildings  necessary  to  receive  the  young 
men,(bl  who  are  destined  for  the  religious  life. 

+  J.  Abp  of  Br.e     +LEON1!  BP  of  Grt"a    ROBERT  PLUNKETT.     CHARLES 
NEALE  [Superior  of  the  Jesuit  Mission]. 

(b)  JfcElroy  transcribing  wrote  gentlemen  ;  corrected  by  another  hand,  men,  over  the  line. 

"*  Supra,  H,  3°. 

23  Cf.  No.  178,  Z-,  note  123. 


876  No.  179,  Q,  B.     PENSIONS  AND  AIDS,    1805-1815  [V 

Q.  1812,  September  22. 

Proceedings  of  the  Coloration,  22  Sept.,  181S.(C) 

...  3?  The  Committee,  Messrs.  F.  Neale  and  Bitouzey,  appointed  1 0  June, 
1811,  to  dispose  of  the  estates  on  Deer  Creek,  and  certain  lots  of  land 
near  the  White  Marsh,  report  that  they  have  not  yet  made  sale  of  the 
property."4  See  No.  87,  E. 

.  .  .  [5°]  Resolved  that  the  young  men,(d)  destined  for  their  first 
ecclesiastical  education  [noviciate]  be  removed  to  St.  Inigoes,  where  they 
shall  remain  under  due  instruction,  till  the  house  at  the  White  Marsh  be 
ready  for  their  reception. 

[6°]  The  Board  proceeded  to  chuse  five  Directors  of  the  College  of 
Geo.  Town.  The  five  having  the  majority  of  votes  are  the  following : 
The  RR.  Bishop  of  Gortyna,  Rev.  John  A.  Grassi,25  Rev.  Frs.  Neale,  Rev. 
Wm.  Matthews  and  Rev.  E.  Fenwick. 

+ J.  AbP  of  Br.e          +LEON"  Bsh.p  of  Gortyna.          ROBERT  PLUNKETT. 
G.  B.  BITOUZEY. 

R.  1812,  November  6. 

Michael  Egan,  Bishop  of  Philadelphia,  6  Nov.,  1812,  to  Francis  Neale : 
a  bond. 

Whereas  I,  Michael  Egan  of  the  City  of  Philadelphia  in  the  State  of 
Pennsylvania,  have,  by  the  Rev.  Frs.  Neale  of  George  Town  in  the 
District  of  Columbia,  been  this  day  put  in  possession  of  the  real  and 
personal  estate  herein  specified,  viz.  of  the  dwelling  house  and  little 
Chapel,  of  Cox  and  Mackey's  ground  rents,  and  of  eleven  shares  in  the 
City  loan  : 2tt  Now  I,  as  agent  or  manager,  hold  myself  accountable  to 
him  or  to  his  heirs  or  assigns  for  the  due  management  and  faithful  account 
thereof,  so  long  as  the  same  remains  under  my  care  and  management,  and 
do  promise  to  deliver  the  whole  of  said  real  and  personal  property 

(c)  Place  of  session  ivanting. 

(d)  Men,  left  out  by  McElroy,  is  supplied  over  the  line  T>y  Carroll. 

24  After  this,  Carroll  seems  to  have  taken  the  business  of  selling  Deer  Creek  into  his 
own  hands.     See  No.  87,  F-K.     Compare  the  following  : 

Carroll,  Baltimore,  24  March,  1814,  to  Grassi  .  .  .  Let  Mr.  Fs.  Neale  be  assured 
that  he  will  hear  from  me  as  soon  as  it  can  be  ascertained,  when  it  will  be  proper  for 
him  to  make  his  visit  to  Harford  Co.  In  the  Fed.  Gazette  he  will  find  the  land 
advertised.  To  any  person  who  will  buy  both  places  I  would  offer  them  at  $20  per 
acre.  Separately,  $35  for  one  of  them,  and  $16  for  the  other. 

Carroll,  Baltimore,  19  Apr.,  1814,  to  Grassi  ...  Be  so  kind  as  to  desire  Mr.  Fs. 
Neale  to  come  himself,  which  would  be  best,  or  to  send  an  immediate  answer  to  my 
last,  as  the  purchasers  of  the  farm  on  Deer  Creek  are  impatient  to  get  possession.  A 
residence  must  be  procured  immediately  for  a  successor  to  Mr.  Eden. 

(Md.-N.  Y.  Province  Archives,  1814,  Mar.  24,  Carroll,  Baltimore,  to  Grassi ;  2  pp. 
4to,  No.  150.  Ibid.,  1814,  Apr.  19,  same  to  same;  1  p.  4to,  No.  152.) 

25  Grassi  had  received,  18  June,  1812,  the  letter  from  the  General,  appointing  him 
Siiperior  of  the  Mission  and  Rector  of  Georgetown  College.     (General  Archives  S.J., 
Diario  del  P.  Giov.  Ant.  Grassi,  imder  date.)     Cf.  No.  178,  X-C2. 

26  Cf.  No.  Ill,  B,  Bishop  Conwell's  subsequent  just  claims  to  these  subsidies,  as 
attached  to  the  Establishment. 


§  15]  No.  179,  S.     PENSIONS  AND   AIDS,    1805-1815  877 

(inevitable  casualties  excepted)  to  the  said  Francis  Neale  or  to  his  order, 
or  to  his  heirs  and  assigns,  or  attorney  in  fact,  whenever  the  same  shall 
be  demanded  of  me  in  writing. 

MICHAEL  EGAN,  [m.p.] 
Witness  present, 

Rev.  PATRICK  KENNY. 
Philadelphia,  Nov.  6,  1812. 
Endorsed  by  F.  Neale :  Bishop  Egan's  Obligation  to  Franc'  Neale.27 

S.  1813,  May  17-19. 

Proceedings  of  the  Corporation,  17-10  May,  1813,  Georgetown. 

...  7°  Resolved,  that  the  Board  having  received  sufficient  evidence  of 
the  citizenship  of  the  Rev.  Wm.  Vernes  [non- Jesuit]  2S  formerly  elected  a 
member  of  the  Select  Body  of  clergymen  for  the  State  of  Maryland,'29  he 
together  with  the  Rev.  Peter  Anthony  Joseph  Malou  and  James  Redmond 
[both  Jesuits]  likewise  citizens,  are  hereby  declared  members  of  the  Select 
Body  of  the  Clergy. 

...  9°  The  young  men,  candidates  for  a  Religious  and  Ecclesiastical 
state,  having  been  removed  from  St.  Inigoes  in  consequence  of  the  exposed 
situation  of  that  place/10  resolved  that,  for  the  present,  they  shall  be 
farther  removed  to  the  Presbytery  at  Frederick  Town,  Frederick  County, 
and  that  the  RR.  Messrs.  Grassi  and  Maleve  do  settle  with  the  agent 
provisions  for  their  transportation,  and  maintenance  during  their  residence 
there.  Cf.  No.  178,  M'J,  Carroll's  criticism  on  the  unnecessary  removal 
from  St.  Inigoes. 

10°  Resolved,  that,  in  order  to  promote  the  increase  of  piety  and 
religion  on  Cedar  Point  Neck  [at  St.  Thomas's]  and  facilitate  religious 
instruction,  an  annual  appropriation  for  the  term  of  3  years  of  $400, 
arising  out  of  the  rents  of  said  Neck,  shall  be  made  for  the  erecting  of 
a  church  of  sufficient  dimensions,  sacristy  and  lodging  for  the  priest,  on  a 
convenient  situation  ;  provided  that  Catholics  who  will  thereby  be  benefited 
manifest  a  disposition  to  contribute  to  this  necessary  work  according  to 
their  respective  abilities.  The  site  of  the  church  is  to  be  determined 
by  and  with  the  authority  of  the  Archbishop  of  Baltimore."1 

...  1 2?  Resolved,  that  an  annual  allowance  of  $500,  including  therein 
the  sum  already  voted  for  the  keeping  of  two  horses,  is  hereby  made  to 
the  Rt.  Rev.  Bishop  Coadjutor,  and  that  the  addition,  hereby  made,  be 
chargeable  on  the  estate  of  White  Marsh. 

27  Cf.  No.  178,  D2,  last,  paragraph;  Carroll  (31  Dec.,  1812,  to  Grassi)  inquiring 
about  a  paper  from  Bishop  Egaii,  tvhich  he,  Carroll,  had  transmitted  to  F.  Neale. 

28  Cf.  Nos.  124,  C,  note  6 ;  179,  H,  3» 

29  The  phrase,  of  Maryland,  or  as  here  more  formally,  for  the  State  of  Maryland, 
has  now  slipped  quite  commonly  into  the  name  of  the  Select  Body,  which  had  no  such 
limitation  in  the  terms  of  its  charter.     Cf.  Nos.  164,  A  ;  169,  A.     See  supra,  note  14. 

30  A  British  squadron  cruising  there. 

31  Cf.  Nos.  180,  C,  6'? ;  190,  E,  Catalogus  Missionura  Soc.  Jesu. 


878  N*.  179,  T,  U.     PENSIONS  AND  AIDS,    1805-1815  [V 

13.  The  Rev.  Mr.  Ladaviere  having  thro  the  unhappy  circumstances 
of  his  passage  to  this  country  incurred  extraordinary  expence,32  resolved 
that,  if  he  do  declare  an  explicit  intention  of  remaining  within  the  diocese 
of  Baltimore,  and  rendering  according  to  his  ability  the  services  usually 
expected  from  clergymen  officiating  therein,  he  shall  be  allowed  for  defray- 
ing said  expences  $200,  as  soon  as  the  agent  shall  be  enabled,  by  disposing 
of  the  produce  in  his  hands,  to  pay  the  same. 

George  Town,  May  19,  1813.(e) 

Signed  :  +  J.  Abp  of  B'e     +  LEON?  Bsh.p  of  Gort":1     ROBERT  PLUNKETT. 
CHARLES  NEALE.     G.  B.  BITOUZEY. 

T.  1813,  September  14. 

Proceedings  of  tlie  Corporation,  14  Sept.,  1813,  Georgetown. 

•  •  •  8?  Resolved,  that  the  residences  of  St.  Thomas's  Manor  and  the 
White  Marsh  are  those,  in  one  of  which  the  superannuated  and  infirm 
members  of  the  Corporation 33  are  to  be  received  and  supported  from  the 
proceed[s]  of  the  general  fund ;  and  they  are  to  be  allowed  $80  per  ann. 
for  cloaths,  private  expences,  etc.34 

9.  Resolved,  that  the  addition  of  annual  allowance  made  to  the 
Rt.  Rev.  Bishop  Neale,  by  the  12th  resolve  of  last  meeting,  be  chargeable 
on  the  public  fund,  instead  of  the  White  Marsh  estate. 

Continued  by  adjournments  to  Sept.  15th,  and  then  adjourned  sine  die.(0 

Signed:  +J.  Ab?  of  Br.e      +  LEOND  Bshp  of  Gortyna.       ROBERT  PLDN- 

KETT.         G.  B.  BlTOUZEY. 

U.  1813,  October  26. 

Proceedings  of  Hie  Corporation,  26  Oct.,  1813,  Georgetown.  The  minutes 
specially  note  :  (after  legal  notice  being  given). 

In  tltis  meeting  the  episode  of  Bitouzey's  campaign sr>  against  the  novitiate, 
the  Corporation,  the  archbishop,  commences  with  the  acceptance  of  his  resigna- 
tion, as  manager  of  White  Marsh.56 

Signed:  -f  LEON?   NEALE,    Bshp.    of    Gortyna.     ROBERT  PLUNKETT. 
C.  NEALE. 

(e)  Tlds  line  is  in  Carroll's  hand. 

(f)  This  paragraph  is  in  Carroll's  hand ;  the  rest  in  McElroy's. 

32  Cf.  No.  172,  K3,  note  142. 

33  Here  the  term,  Corporation,  is  used  loosely  for  the  whole  Select  Body ;  and  so  U 
passed  into  common  use  in  that  sense — an  error  involving  others.    See  supra,  notes  14,  29. 

31  Cf.  No.  173,  B,  7?  This  resolution  can  refer  only  to  non-Jesuits.  It  is  con- 
tradictory to  a  statement  made  by  Marechal  (No.  119,  [r//.]),  who  draws  an  inference, 
Dela  vient,  etc.,  which  cannot  follow  from  a  premise  not  subsisting.  The  allowance 
here  is  the  same  as  for  missionaries,  whether  Jesuit  or  non-Jesuit,  actually  in  service. 
Cf.  supra,  P,  5?  Infirm  members  of  the  Society  were  at  the  charge  of  funds  appro- 
priated to  Georgetown  College.  Sec  No.  178,  J2 ;  24  May,  1813.  Cf.  Nos.  147,  5? ; 
163,  A,  2? 

35  Nos.  113,  A-0  ;  178,  D2-M2. 

30  lie  afterwards  contended  that  the  meeting  was  subreptitious.  See  No.  113,  L. 
Carroll  ivas  prevented  by  illness  from  attending  this  meeting.  Bishop  L.  Neale,  in  a 


§  15]  ATo.  179,  V,  W.     PENSIONS  AND   AIDS,    1805-1815  879 

V.  1814,  June  14. 

'•''  Proceedings  of  the  Corporation,  14  June,  1814,  Georgetown. 

...  2?  Tlie  Pasquet  trouble. 

3?-5?  Lengthy  resolutions  to  dispose  for  a  limited  time  of  the  greatest 
part  of  the  blacks  on  the  different  plantations  appertaining  to  the  Select 
Body.  Conditions,  precautions  ;  urgency  ;  appropriation  of  the  proceeds  to 
the  use  of  the  estates  from  which  the  colored  people  are  sold. 

6?,  7?  Ashton's  claims.     The  Bitouzey  campaign. 

8?  The  Rev.  Mr.  Edelen  [Jesuit],  tho,  as  manager  of  Newtown,  he 
has  no  need  of  special  authority  for  the  necessary  repairs  of  the  dwelling 
house,  is  assured  that  he  may  proceed  immediately  to  make  them. 

.  .  .  10?  The  Rev.  Mr.  Beschter  [Jesuit],  having  presented  his 
certificate  of  naturalization  to  the  board,  is  hereby  declared  a  member 
of  the  Select  Body.37 

Signed  ,•   +  J.    Abp.   of   Br.e     +  LEON?  NEALE,    Bshp.    of    Gortyna. 
ROBERT 


W.  1814,  October  19,  21. 

Proceedings  of  the  Corporation,  19,  21  Oct.,  1814,  Georgetown. 

.  .  .  2?-4?  The  trouble  with  Pasquet,  and  with  Ashton  ;  the  question  of 
slaves.  After  adjournment  till  Friday  next,  the  21st  inst.  — 

...  5?  The  present  state  and  circumstances  of  the  White  Marsh 
being  under  consideration,  it  was  resolved,  that  for  its  relief  the  following 
assistance  should  be  afforded  it  for  one  year  only,  viz. 

From  the  general  fund    ..  ..  ..  ..  ..      $250 

From  St.  Thomas's          ........  150 

From  Newtown    ..  ..  ..  ..  ..  ..        100 

From  St.  Joseph's  ......  80 

From  Bohemia  and  Archbishop  Carroll  ..  ..  50 

From  Coshenhoppen        ..  ..  ..  ..  150 

From  Conewago  ..  50 

$830.00 

6°  If  the  above  sum  should  not  be  raised,  in  consequence  of  the 
deficiency  of  payment  from  any  of  the  above  named  estates,  the  agent 
and  no  other  person  may  sell  for  a  term  of  years,  in  the  manner  prescribed 

(g)  Here  teg  ins  vol.  ii.  of  the  Proceedings. 

letter  to  E.  Femoick  about  affairs  of  tlie  Georgetown  convent,  reports  through  him  to 
Carroll  the  two  principal  points  of  business  transacted,  that  B.  Femoick  (cf.  No.  113, 
K)  had  been  appointed  in  place  of  Bitouzey,  who  refused  to  attend  the  meeting,  and 
tliat  White  Marsh  had  been  selected  for  tlie  novitiate,  since  the  house  in  Frederick  town 
was  inadequate.  (Georgetown  College  MSS.,  1813,  Oct.  29,  L.  Neale,  Georgetown,  to 
E.  Fenwick,  St.  Peter's,  Baltimore  ;  2pp.  4to.) 

37  Cf.  No.  178,  K3,  note  142. 

38  No  Jesuit  whatever  sitting  at  the  Board. 


880  No.  179,  X,  Y.     PENSIONS  AND  AIDS,    1805-1815  [V 

by  the  3d  resolve  of  the  proceedings  of  the  Corporation  of  June  14,  1814, 
one  or  more  of  the  black  servants  now  belonging  to  the  White  Marsh. 

...  9?  Resolved,  that  the  Secretary  erase  the  names  of  those  who 
have  withdrawn  themselves  from  the  Corporation  [i.e.  the  Select  Body]. 
Adjourned  sine  die.39 

Signed :  +  J.   Abp.    of   Bait1?       +  LEOND,  Bshp.  of  Grt"?     ROBERT 

PLUNKETT.40 

X.  1815,  May  30. 

Proceedings  of  the  Corporation,  80  May,  1815,  Georgetown. 

...  2°  The  departure  of  the  Rev.  Mr.  Bitouzy  from  America  and 
the  death  of  the  Rev.  Robert  Plunkett  having  made  two  vacancies  in  the 
board  of  the  Trustees,  it  was  resolved  that  it  would  be  inconvenient  to 
proceed  on  the  business  of  the  Corporation  till  the  Representatives  have 
chosen  five  Trustees,  agreeably  to  the  constitutions  of  the  Select  Body. 
Wherefore  the  secretary  of  the  Representatives  is  requested  to  issue 
directions  to  that  effect. 

+  J.  Abp.  of  B^e    +  LEOND  NEALE,  Bshp.  of  Grt'!a     CHARLES  NEALE.41 

Y.  1815,  June  29. 

Proceedings  of  the  Corporation,  29  June,  1815,  Georgetown. 

After  qualifying  by  oath,  which  each  of  the  four  new  Trustees  signs  in 
presence  of  the  Justice  of  the  Peace,  John  Threllceld,  Washington  County, 
District  of  Columbia,  the  two  bishops,  with  Francis  Neale  agent  and  Francis 
Mai  eve',  proceed  to  business;  the  fifth,  Leonard  Edelen,  not  being  present.** 

1?  The  Et.  Eev.  Arch  Bishop  was  chosen  President,  and  the  Rev. 
Francis  Neale  Secretary  and  Agent  of  the  Corporation. 

2?   The  Pasquet  trouble. 

3?  The  Board,  being  informed  of  the  tenor  of  the  late  Mr.  Ashton's  ^ 
Instructions  to  his  heir,  the  Rev.  Notley  Young,  resolve  that  the 

39  Cf.  Baltimore  Diocesan  Archives,  D,  11,  vol.  22,  Carroll's  autograph  draft  of 
these  mimttes. 

40  No  Jesuit  present.    It  will  be  noticed  that  a  part  of  the  subvention,  originally 
granted  by  the  Corporation  to  the  Archbishop  of  Baltimore,  has  entirely  disappeared. 
It  tvas  that  which  provided  for  the  education  of  seminarians  or  clerics.  The  economical 
state  of  tfie  Corporation's  a/airs  shows  one  reason  for  this.     Some  six  months  later, 
after  the  re-establishment  of  the  Society  had  become  known  in  America,  the  prelate 
turned  expressly  to  the  Catholic  laity  for  the  maintenance  of  seminarian  education 
(No.  178,  A3).    Neither  he  nor  his  successor,  L.  Neale,  looked  any  'more  to  tJie  Corpora- 
tion for  means  to  educate  a  diocesan  clergy.      The  next  successor,  Mgr.  Marcchal, 
regarded  with  complacency,  as  he  informed  the  Cardinals,  the  acquisition  of  some  Jesuit 
estate  or  other  as  a  provision  to  support  his  seminary  (No.  135,  A,  Prop.  15,  p.  552). 
However,  that  suggestion  would  seem  to  have  arisen  from  his  contemplating,  as  he  also 
explained  to  the  Cardinals,  the  economic  incapacity  of  the  Jesuits  for  making  much 
out  of  their  property  (No.  119,  [v/.]). 

41  Two  bishops  and  one  Jesuit. 

42  Henceforth  there  are  no  more  non-Jesuits  on  the  Board. 

43  Cf.  No.  162,  Q. 


§   15]  No.  179,  Y.     PENSIONS  AND  AIDS,    1805-1815  881 

Directors  of  the  College  of  George  Town  be  respectfully  requested  to 
make  immediate  application  to  the  aforesaid  Mr.  Young  to  transfer  to 
the  College  (by  sufficient  deed  and  instrument)  all  the  property  devised 
to  him  for  the  pious  purposes  expressed  in  those  Instructions.  Eesolved, 
that  the  Eev.  Francis  Neale  be  directed  to  inquire  into  the  Chancery 
suit  instituted  by  the  Eev.  Mr.  Ashton,  for  recovering  the  shares  of  the 
Insurance  Office  left  in  the  hands  of  Aquilla  Brown,  and  to  proceed  in  the 
business  according  to  his  prudence.44 

4°  Eev.  James  Wallace  having  presented  to  the  Board  letters  of  his 
naturalization  and  requested  to  be  admitted  a  member  of  the  Corporation, 
his  petition  was  acceded  to,  and  [he]  is  hereby  declared  a  member  of  the 
Corporation. 

Adjourned  sine  die. 

Signed  :  +  J.,   Archbp.    of   B'.e     +  LEONP,  Bshp.   of  Grt"."     FRANCIS 
NEALE.     FRANCIS 


Md.-N.  Y.  Province  Archives,  1806,  Jan.  24,  Robt  Molyneux,  S.J.,  St. 
Thomas's  Manor,  to  F.  Neale,  Georgetown.  Ibid.,  1806,  Nov.  24,  Carroll,  Balti- 
more, to  Molyneux,  Georgetown;  3pp.  4to,  No.  70.  Ibid.,  1811,  Jan.  4,  Carroll, 
Baltimore,  to  Charles  Neale,  Mount  Carmel,  near  Port-Tobacco  ;  2  pp.  4to, 
No.  91.  —  Ibid.,  B,  No.  44,  Indenture,  20  June,  1806,  between  John  Rosseter, 
Priest  and  Pastor  of  St.  Mary's  Church,  Philadelphia,  and  the  Corporation 

44  Seven  years  previously,  Bishop  Carroll  had  described  Rev.  Mr.  Young  to  Charles 
Ploioden  in  tlicse  terms  :  Mr.  Young,  too  undetermined  to   attach  himself  to  any 
particular  service,  has  remained  much  in  the  College  of  G.  Town,  undertaken  some- 
times to  teach,  broken  off,  engaged  in  cong1.15,  and  under  various  pretences  abandoned 
them.     Tho  a  good  man,  he  will  never  be  a  useful  one. 

Benedict  Femvick,  writing  to  Grassi  from  New  York,  in  the  present  year,  20  Feb., 
1815,  speaks  as  follows  of  Young  and  others  who  desired  to  be  Jesuits,  now  that  the 
Society  is  re-established  :  What  put  it  in  the  head  of  Mr.  Mathews  to  become  a 
Jesuit  ?  Has  he  not  been  tried  once  and  been  found  under  weight  ?  Or  has  he 
grown  since?  I  recollect  to  have  heard  that  both  he  and  Mr.  Young,  the  heir 
apparent,  once  made  the  attempt  when  Jesuitism  in  the  District  [of  Columbia  ?] 
was  fashionable  ;  but,  a  little  after,  it  got  out  of  fashion,  and  they,  being  gentlemen 
a  la  mode,  left  it.  And,  now  it  has  become  fashionable  again,  will  the  latter  gentle- 
man also  apply  for  a  new  suit  ? 

Grassi,  Georgetown,  10  Mar.,  1815,  writes  to  Father  Gary  (St.  Thomas's  Manor), 
about  his  claims  to  the  Ashton  estate  ;  and  says  that  he  is  now  communicating  with 
Father  Charles  (Neale,  St.  Thomas's  Manor)  on  the  subject. 

Carroll,  Baltimore,  16  Mar.,  (1815),  writing  to  (Grassi),  adds  a  P.S.  :  N.B.  What 
is  become  of  Mr.  Ashton's  will  ?  Cf.  No.  178,  W2. 

Grassi,  11  Apr.,  1815,  sends  an  official  note  to  Gary,  authorizing  him,  in  default  of 
Father  Charles,  to  claim  in  Court  the  property  of  the  Rev.  Mr.  Ashton,  on  behalf  of 
Grassi.  In  a  private  note  he  adds  :  It  will  not  be  useless  that  I  may  inform  you  that 
Rd.  Mr.  Young  has  found,  among  Mr.  Ashton's  papers,  one  in  which  directions  are 
given  to  his  executors  to  "  dispose  of  nothing  without  the  consent  of  the  Corporation 
of  the  Clergy."  Young  showed  this  to  Bp.  Neale,  w'/io  told  his  brother  Francis. 

(English  Province  Archives,  portfolio  6,  f.  78,  Carroll,  Baltimore,  10  Jan.,  1808,  to 
Plowden.—  Md.-N.  Y.  Province  Archives,  1815,  Feb.  20,  B.  Femvick,  New  York,  to 
Grassi,  Georgetown.  Ibid.,  1815,  Mar.  10,  Grassi,  Georgetown,  10  Mar.  ,1815,  to  Gary 
(St.  Thomas's  Manor).  Ibid.,  (1815),  Mar.  16,  Carroll,  Baltimore,  to  (Grassi)  ;  2  pp. 
4to,  No.  175.  Ibid.,  1815,  Apr.  11,  Grassi  to  Gary.) 

As  to  Notley  Young's  devise,  in  favour  of  the  Corporation,  see  No.  162,  S,  his  will, 
1  July,  1815. 

45  This  was  the  last  meeting  of  the  Corporation  before  the  death  of  Archbishop 
Carroll. 


882  No.  180,  A.     PENSIONS  AND  AIDS,    1816,    1817  [V 

E.C.C.,  State  of  Maryland.  Ibid.,  H,  6  Nov.,  1812,  bond  of  Bishop  Egan  to 
F.  Neale. — Ibid.,  Proceedings  of  the  Corporation,  9,  11  Sept.,  1806 ;  1  Sept., 
1807;  12  May ,1808;  4  Oct.,  1808 ;  26  June,  1809  ;  10  June,  1811 ;  17  Sept., 
1811;  22  Apr.,  1812;  22  Sept.,  1812;  17  May,  1813 ;  14  Sept.,  1813  ;  26  Oct., 
1813;  14  June,  1814;  19,  21  Oct.,  1814;  30  May,  1815 ;  29  June,  1815.— 
Georgetown  College  Transcripts,  Shea's  abstracts,  1806-15,  Carroll  (25  May, 
1811),  to  the  General.  Cf.  No.  177,  note  13. 

No.  180.  1816-1820. 

Pensions  and  aids,  1816-1820 :  end  of  the  old  system,  1818-1820. 
In  1816  the  period  of  Jesuit  ministry  in  New  York  was 
drawing  to  a  close,  Kolilmann,  Benedict  Fenwick,  Wallace,  being 
all  withdrawn.  On  the  winding  up  of  affairs  there,  a  heavy 
debt,  which  could  easily  have  been  liquidated  if  the  Fathers  had 
remained,  came  to  the  charge  of  the  Corporation.  In  1820,  when 
Adam  Marshall  was  made  agent  or  procurator,  he  found  $10,000 
still  due,  without  knowing  how  the  Society  had  ever  become 
answerable,  or,  as  a  matter  of  honour,  had  made  itself  ansiver- 
able  for  the  debt.  His  statement  we  have  given  above.1  The 
property  at  Philadelphia  was  at  the  service  of  the  bishop  there. 
Property  and  means  were  now  drifting  away  in  all  directions. 
To  save  something,  the  Corporation  began  to  sacrifice  what  it 
possessed.  The  Rev.  S.  Brute,  who  had  no  personal  interest  in 
the  affairs  of  the  Society,  wrote  to  Grassi : 

A.  1817,  February  6. 

The  Eev.  S.  Brute,  (Baltimore),  G  Feb.,  1817,  to  Grassi. 

[3rd  P.S.]  Thoughts  are  coming  on  and  writte  still.  On  procuring 
formed  Jesuit*  from  Europe. 

And  last  that  I  think  you  are  very  wrong  to  cut  off  your  last  hopes 
in  Newyork,  and  far  from  calling  Mr.  Fenwick  would  have  done  better  to 
send  him  Murphy,  or  the  other,  when  you  saw  they  got  tired  at  home — 
oh,  don't  give  up  Newyork  as  you  have  done  Philadelphia,  to  form  only  a 
concentrated  hot  bed  in  Whitemarsh  or  your  College,  which  will  not 
succeed  any  better  for  it,  if  your  Society  in  Europe  send  not  to  you,  since 
you  send  no  more  to  them.  .  .  . 

The  Vicar- General  of  Philadelphia,  Louis  de  Barth,  himself  a  manager 
of  Jesuit  property,  passed  criticisms  of  a  similar  kind  to  those 
of  Brute,  but  more  general  in  their  bearing  and  more  incisive. 
In  his  letters  to  the  procurator,  Father  Adam  Marshall,  he 
ascribed  the  dilapidation  which  was  going  on  to  the  incompetence 
of  the  managers,  now  chiejly  Jesuits?  Marshall  himself,  in 

1  No.  109,  B.  -  No.  109,  D. 


§  15]  No.  180,  B,  C.     PENSIONS  AND  AIDS,    1816,  1817  883 

a  statement  of  18$4>  re-echoed  these  strictures,  giving  the  palm 
for  competent  management  to  those  who  had  not  been  Jesuits,  and 

insinuating  that  it  was  not  strange  if  many  people  outside  of  the 

Order  ivere  casting  wistful  glances  at  these  estates,  of  which  they 
felt  conscious  they  could  make  so  much  better  use  than  the  Jesuit 

missionary  farmers  were  making? 
We  proceed  ivith  the  sketch  of  proceedings  during  this  last  period  under 

review. 

B.  1816,  February  14. 

Proceedings  of  the  Corporation,  14  Feb.,  1816,  Georgetown. 

...  2?  The  Rev.  John  Grass!  and  Rev.  John  Gary,  having  exhibited 
certificates  of  their  citizenship,4  are  declared  to  be  members  of  the  Select 
Body  of  the  Clergy. 

Adjourned  until  to-morrow. 

C.  1816,  February  15. 

Feb.  15,  1816.  .  .  .  The  Rev.  John  Grassi,  having  been  duly  elected 
(yesterday)  a  Trustee,  was  qualified  to-day  and  took  his  seat. 

1?  Resolved  that  the  Rev.  Roger  Smith,5  who  at  present  attends  a 
congregation  in  Hartford  County,  shall  be  allowed  two  hundred  dollars,  in 
lieu  of  one  hundred  and  eighty  allowed  him  heretofore,  to  be  paid  him  in 
the  manner  following,  viz.  $180  in  quarterly  payments  from  funded  stock, 
and  the  balance  (20)  from  the  rents  of  Arabia  Petraea  when  received.6 

2?,  3?,  4°  Dubois,  the  Frederick  lot  affair,  and  the  Vincendieres.7  The 
Asldon  devise,  Notley  Young  and  the  Corporation.8  No  names  to  be  erased 
from  these  minutes;  but  members  disqualified  to  be  excluded  by  special 
resolutions. 

5°  Resolved  therefore,  that  the  Rev.  John  Dubois  having  associated 
himself  in  the  Congregation  of  Sulpicians,  the  Rev..  G.  Bitouzy  having 
quitted  the  country,  and  the  Rev.  Mr.  Brosius  for  not  having  lived  in 
Maryland  since  his  admission,  arc  henceforward  not  considered  as  mem- 
bers of  the  Select  Body  of  the  Clergy  of  Maryland. 

6?,  7?  A  fire-proof  archivium  to  be  constructed  in  Georgetown  College,  for 
hf  title  deeds  of  the  Corporation*  The  Cedar  Point  church,  wlticli  has  been 

3  No.  110,  G. 

4  Cf.  No.  178,  K3,  note  142.     Father  Grassi's  Diary,  after  noting  at  different  times 
a  rather  lengthy  scries  of  stepis  towards  naturalization,  records  the  final  stage  of  citizen- 
sJiip,  at  the  Court  in  Washington,  27  Dec.,  1815,  twenty-four  days  after  Carroll's  death. 

••  Cf.  Nos.  176,  C  ;  177,  F. 

R  Cf.  No.  88,  B. 

•  Cf.  Nos.  91,  B-D ;  176,  A,  B. 

8  Cf.  Nos.  162,  S  ;  179,  Y,  3? 

9  Grassi's  Diary,  181S,  Aug.  14 :  "  Yesterday,  I  began  to  arrange  the.  papers  of 
Father  Neale,  belonging  to  the  Corporation." 


884  No.  180,  C.     PENSIONS  AND    AIDS,    1816,    1817  [V 

so  far  neglected,  is  to  be  started  at  once,   in  keeping  with   the  terms  of  the 
resolution  of  18  May,  1813.  .  .  . 

Adjourned  until  to-morrow,  the  16th. 

In  the  foregoing  resolution,  5P,  we  have  an  arbitrary  and  extreme 
application  of  the  unfounded  notion,  now  prevalent,  regarding 
beneficiaries  under  the  charter  of  1792.10  TJie  interpretation  of 
the  charter  had  wandered  far  from  the  words  and  provisions 
of  the  Act.  The  name  of  the  Corporation  itself  had  come  to 
be  saddled  with  a  rider  :  of  Maryland,  attached  to  its  legal  title  : 
The  Corporation  of  the  Koman  Catholic  Clergymen.11  Parallel 
with  the  modification  in  the  nomenclature  was  the  mistaken 
action  of  the  Corporation  itself,  which,  12  May,  1808  (Bishop 
Carroll  being  present},  annulled  the  admission  accorded  at  the 
preceding  meeting  (Bishop  Carroll  being  absent],  to  Messrs. 
Vergnes,  Britt,  Henry,  Maleve,  Epinette,  and  A.  Kohlmann.12 
The  ground  of  the  nullification  was  that  these  gentlemen,  one  a 
secular  priest,  the  rest  being  Jesuits  from  Europe,  were  not 
citizens  of  Maryland.  Now,  at  the  present  meeting,  the  Corpora- 
tion lias  advanced  further,  and  requires  that  aggregated  members, 
or  their  own  recognized  beneficiaries,  should  be  resident  in  the 
State  of  Maryland  ;  as  not  only  Brosius  was  not,  and  had  not 
been  during  some  twenty-two  years,  but  as  neither  Erntzen  had 
been,  nor  De  BartJi  was,  and  yet  all  of  these  had  been  fully 
enrolled  members  of  the  Select  Body.13  TJiey  expel  Brosius, 
though  not  De  Barth,  for  non-residence  in  the  State  of  Maryland. 

But,  as  may  be  seen  in  the  places  just  cited,  all  that  the  charter  of 
incorporation  required  was  that  those  who  should  act  legally 
under  a  Maryland  charter  were  citizens  of  the  State  which 
empowered  them  to  act.  There  was  nothing  said  of  those  who 
did  not  act  in  a  legal  capacity,  but  who  only  received  benefit 
under  the  confidential  trust  to  be  administered.  The  categories 
of  persons  qualified  to  act  legally  were  two :  first,  such  as  should 
come  together  in  constituent  meeting,  and  organize  a  Board  to  be 
recognized  thenceforth  in  law ;  secondly,  the  Board  so  constituted. 
Of  this  Board  alone,  once  constituted,  the  law,  from  that  time 
forward,  was  to  take  cognizance  as  of  a  Corporation.  The  con- 
stituent meeting  itself  thenceforth  had  no  standing  in  law.  Their 

10  Cf.  Nos.  164,  A ;  165,  B  ;  179,  note  14. 

11  Cf.  Nos.  165 ;  169.     See  No.  179,  notes  29,  33. 

12  No.  179,  G;  H,  3° 

13  Cf.  No.  172,  A,  2"  ;  B. 


§  15]  No.  180,  D.     PENSIONS  AND  AIDS,    1816,  1817  885 

private  organization  as  a  Select  Body  of  Clergy,  to  which 
aggregations  were  made  by  the  Board,  had  no  further  standing 
or  limitation  than  that  of  being  Ministers  of  the  Eoman  Catholic 
religion,  for  whose  use,  support  and  maintenance,  certain 
estates  were  administered. 

Beyond  this  present  stage,  in  wandering  from  the  spirit  and  letter  of 
the  laio,  one  or  two  further  steps  might  yet  be  taken.  And 
Mgr.  Marechal  took  them.  These  further  steps  were  that  the 
Roman  Catholic  Ministers,  the  beneficiaries,  who  under  the  Act 
were,  ex-Jesuits}^  or  aggregated  members;  then,  by  misinterpreta- 
tion, came  to  be  only  citizens  of  the  State  of  Maryland;  and 
now,  by  this  last  proceeding,  were  to  be  residents  of  the  said  State, 
and  even  be  excluded  from  membership  on  the  ground  of  non- 
residence — these  same  beneficiaries  should  finally,  in  Marechal' s 
last  stage  of  development,  be  onlij  the  Eoman  Catholic  Ministers 
belonging  to  the  diocesan  clergy  of  Maryland,  and  should  be  the 
whole  body  of  them  indiscriminately,  without  any  aggregation 
or  election,  as  if  they  enjoyed  a  native  right  of  heritage.15 

D.  1816,  February  16. 

Feb.  16th,  1816.  .  .  . 

1°   The  trouble  with  Pasquet. 

2?  Whereas  the  Trustees,  by  and  with  the  consent  of  the  Represen- 
tatives of  the  incorporated  C.C.  of  Md.  [!],  did  in  the  year  1806  1U  transfer 
the  management  and  proceeds  of  Bohemia  estate,  belonging  to  said 
Corporation,  to  the  then  Arch  Bishop  of  Baltimore  [Carroll]  (he  being  a 
member  of  the  said  Corporation  above  mentioned)  under  certain  restric- 
tions mentioned  in  the  resolve  to  that  effect : 

Resolved,  that  the  same  is  hereby  renewed  in  favor  of  the  present 
Arch  Bishop  [L.  Ncale],  excepting  that,  without  any  reserve,  the  whole 
of  the  estate,  management  and  proceeds,  shall  return  to  the  sole  controul 
of  the  Trustees  of  the  Corporation  at  the  demise  of  the  present  Arch 
Bishop.17 

3?  TJie  present  Archbishop  and  the  local  pastor,  Father  Enoch  Fen- 
wick,  made  a  committee  to  transact  the  business,  so  long  standing  over, 
of  old  St.  Peter's,  Baltimore,  and  the  new  cathedral.  See  No.  93,  G. 
Adjourned. 

14  Nos.  165,  B,  r//.] ;  167,  A,  F,  G. 

15  Section  III.  Nos.  115-120. 

10  No.  178,  Q,  19  ;  11  Sept.,  1806. 

17  This  proviso  formulates  explicitly  the  limitation  contained  in  the  terms  of  the 
resolution  (No.  178,  Q,  1»),  ivhich  restricts  itself  to  mentioning  only  the  two  bishops,  one 
the  present  Ordinary  (Carroll),  the  other  his  atfital  Coadjutor  (L.  Ncale). 


886  No.  180,  E-H.     PENSIONS  AND  AIDS,    1816,   1817  [V 

E.  1816,  February  19. 
Feb.  19.  ...  [-7°]  It  appeared  to  the  members  that  it  would  be  of 

greater  security  to  the  Corporation,  to  reassume  the  management  of 
Bohemia  estate,  and  to  allow  the  present  Arch  Bishop  what  is  expressed  in 
the  resolve,  by  which  the  use  of  this  estate  was  allowed  to  his  predecessor, 
in  the  meeting  held,  Sept.  llth,  1806. 

In  addition  to  the  thousand  dollars,  expressed  in  the  above  resolve,  to 
be  paid  to  the  present  Arch  Bishop,  the  Corporation  agrees  to  allow  the 
same  Most  Rev.  Leonard  Neale  thirty  cords  of  wood,  the  expense  of 
which  shall  be  annually  laid  before  this  board. 

2?  Provision  for  Georgetown  College  from  St.  Thomas's  Manor  and 
Newtvwn. 

Signed:    +LEON'.',  ABshp.  of  Balt'f     JOHN  GKASSI.     FRANCIS  NEALE. 
FRANCIS  MALEVE.     LEONARD  EDELEN. 

F.  1816,  June  19. 

Proceedings  of  the  Corporation,  19  June,  1816,  Georgetown. 

1?  Pasquet,  having  left  the  country,  no  longer  a  member  of  the  Select 
Body. 

2?  Whereas,  by  the  16th  article  of  the  proceedings  of  the  first  meeting, 
1793,  Oct.  4th,18  the  Trustees  are  directed  to  elect  the  members  of  the 
Society  of  Jesus  into  the  Select  Body  in  preference  to  all  others,  and 
whereas  the  said  Society  is  now  duly  re-established,  resolved,  that  none 
but  members  of  the  said  Society  be  hereafter  admitted  ;  and,  in  case  that 
any  should  cease  to  be  members  of  the  said  Society,  he  [!]  shall  not  be 
considered  any  more  as  a  member  of  the  Select  Body  of  the  Catholic 
Clergy  of  Maryland.19 

3?  Rev.  Mr.  Dubois  and  the  execution  of  a  deed  about  a  lot  at  FredericJc- 
town.  See  No.  91,  C. 

Adjourned  to  next  day,  June  20. 

G.  1816,  June  20. 
Proceedings  of  the  Corporation,  20  June,  1816,  Georgetown. 

l?-3°  Yoang-Ashton  estate  business.  Four  former  resolutions  reaffirmed. 
Repairs  of  mill  at  Bohemia. 

Signed:    +LEOND,  ABshp.  of  Bait1'?      JOHNGRASSI.    FRANCIS  NEALE.-" 

H.  1816,  August  20. 

Proceedings  of  the  Corporation,  30  Aug.,  1816,  Georgetoivn. 
l.°-3?   Toung-Ashton  estate  business.     Account  of  Mr.  Samuel  Banister 
against  St.  Joseph's  estate,  Eastern  Shore. 

18  No.  168,  A,  169 

19  Cf.  No.  178,  X2,  ad  note  113 ;   Carroll  on  this  policy.     Similar  remarks  occur 
passim  in  Carroll's  correspondence. 

-°  The  signature  of  Maleve,  present  the  day  before,  is  wanting  to  the  minutes. 


§  15]  No.  180,  J,  K.     PENSIONS  AND  AIDS,    1816,   1817  887 

4?  An  account  being  presented  by  the  executors  of  the  late  Most  Rev. 
Archbishop  Carroll  against  the  Corporation  of  $258  for  oil  for  sacred 
uses,  resolved : 

The  agent  is  directed  to  inform  the  said  executors  that  the  Corpora- 
tion, seeing  no  reason  for  such  account,  they  cannot  consent  to  pay  it, 
considering  that  the  late  Archbishop  was  allowed  the  full  income  of 
Bohemia  estate  to  answer  the  expences  of  sacred  functions.21 

5?  On  the  information  that  a  quantity  of  wood  had  been  sold  out  of 
Bohemia  estate,  against  the  conditions  expressed  in  the  resolve  allowing 
the  income  of  that  estate  to  the  late  Archbishop,  the  agent  is  directed  to 
take  cognizance  of  the  trespass,  and  bring  the  charges  against  the 
executors  of  the  late  Archbishop.22 

...  8?  The  Rev.  F.  Anger,  P[0  (?)].P.,  having  with  the  consent  of  the 
Most  Rev.  Archbishop  accepted  to  serve  a[s]  rnissioner  the  congregation 
of  Zachiah  and  Matta  "Woman,  will  receive  from  St.  Thomas'  Manor 
the  salary  usually  granted  to  other  missions,  payable  according  to 
practice. 

Signed:    +  LEON?  NEALE,  ABshp.  of  Bait1?     JOHN  GRASSI.     FRANCIS 

NEALE. 

J.  1816,  October  10. 

Proceedings  of  the  Corporation,  10  Oct.,  1816,  Georgetown. 
Continuation  of  the  old  St.  Peter's  business.     See  No.  93,  H. 
The  minutes  not  signed    by  the   persons    then   present,   viz.   Archbishop 
Neale,  John  Grassi,  and  Francis  Neale. 

K.  1817,  March  26. 

Archbishop  Neale' s  receipt  for  his  pension. 

March  26,  1817.  Rec'.1  of  the  Rev.  Mr.  Francis  Neale,  as  agent  of 
the  Corporation,  four  hundred  dollars  which  were  due  to  me  for  my  salary 
on  the  fourth  day  of  December,  1816,  to  which  I  acknowledge  myself  now 
paid  in  full. 

+  LEOND  NEALE,  ABshP  of  Baltr.e 

21  C/.  No.  117,  B,  note  3.     Tivo  years  later,  Mgr.  Marechal  being  arclibishop,  the 
Corporation  withdrew  from  the  clergy  at  large  the  subvention  for  the  purchase  of  oils 
(infra,  Q,  199).     Whence  it  is  to  be  inferred  that,  since  the  expiration  of  the  arrange- 
ment with  the  late  Archbishop  (Carroll),  the  Board  had  resumed  this  special  subvention 
for  the  benefit  of  the  diocese ;  the  more  so,  as  the  present  resolution  does  not  say  that  the 
allowance  ($1000)  for  the  actual  archbishop  (L.  Neale)  is  intended  to  cover  the  said 
item.    It  might  also  appear  that  the  executors  of  Carroll  had  presented  this  account  on 
noticing  the  resumption  of  the  subvention.    In  any  case,  it  was  enterprising  to  bring 
forward  as  a  debt  what  was  a  matter  of  free  concession  from  first  to  last,  Bohemia 
included.     The  withdrawal  of  the  item,  under  Archbishop  Marechal,  coincides  with  the 
disappearance  of  the  two  ex-Jesuit  Ordinaries. 

22  C/.  No.  178,  Z2,  note  123. 


888  No.  180,  L,  M.     PENSIONS  AND  AIDS,    1816,   1817  [V 

L.  1817,  June  20. 

Proceedings  of  the  Corporation,  June  20?*  1817,  Georgetoion. 

...  1?  Last  minutes  by  accident  not  signed?*  Resolved  to  remedy  the 
defect  with  the  signatures  of  the  present  meeting.  In  addition  to  the  5th 
resolve  of  the  meeting,  August  20th,  1816:25 

2?  It  is  resolved  that  Father  John  Henry,  the  actual  missioner  at 
Bohemia,  should  be  directed  to  get  written  evidences  of  the  depredations 
committed  on  that  plantation  by  the  Rev.  Mr.  Pasquet,26  who  is  believed 
to  have  cut  and  sold  a  quantity  of  timber  contrary  to  the  conditions  on 
which  the  said  plantation  had  been  allowed  to  the  Rt.  Rev.  Arch  Bishop. 
In  case  that  satisfactory  evidences  be  obtained,  the  board  shall  appoint  a 
person  to  consult  some  eminent  lawyers  on  the  legal  mode  of  proceeding 
in  this  affair. 

Signed:  JOHN  GRASSI.    FRANCIS  NEALE.    FRANCIS  MALEVE.    LEONARD 

EDELEN.(a) 

M.  1817,  June  25. 

Agent's  Gash-Book,  1802-1820. 

.  .  .  1817.  June  25.  By  cash  paid  the  estate  of  the  late  Archbishop 
in  full  of  all  accounts,  viz.  from  the  4  Dec.,  1816,  till  18  June,  1817  .. 

).00. 


Here  closed  the  administration  of  Leonard  Neale  as  Archbishop  of 
Baltimore,  and  of  Father  John  Grassi  as  Superior  of  the  Mission 
and  president  of  Georgetown  College.  A  new  order  of  things 
began  at  this  date,  wherein  it  was  only  too  evident  that  the 
prudence,  patience,  and  influence  of  Dr.  Carroll  were,  conspicuously 
wanting. 

Under  the  very  negative  government  of  Leonard  Neale,  several  note- 
worthy steps  had  been  taken.  The  archbishop  had  signed  with 
Grassi  the  diploma  or  arrangement,  by  which,  in  accordance 
with  Archbishop  Carroll's  intention?1  a  series  of  stations  or 
missions  were  assigned  permanently  to  the  care  of  the  Jesuit 
Fathers?*  The  original  parchment  is  extant,  and  forms  a  strik- 
ing contrast  ivith  the  agreement  attempted  between  Archbishop 

(a)  For  the  past  year  there  had  appeared  the  hand  of  Grassi  writing  out  the  minutes,  and  that  of 
McElroy,  as  of  a  scribe,  whose  copy  is  filled  up  by  Grassi.  In  subsequent  meetings  Benedict  Fenwick 
ivrites;  then  Kohlmann,  Edelen,  etc. 

"  This  was  two  days  after  the  death  of  Archbishop  Neale. 

24  Supra,  J. 

75  Supra,  H,  5? 

28  Archbishop  Carroll's  manager. 

27  Cf.  No.  178,  S2 ;  V2,  note  103 ;  Y2 ;  A3,  p.  860. 

28  No.  189,  C. 


§  15]  No.  180.     PENSIONS  AND  AIDS,    1816,   1817  889 

Carroll  and  Father  Robert  Molyneux^  Tlie  date,  too,  of  the 
parchment,  3  Apr.,  1816,  marks  the  wide  difference  between  acts 
proposed  after  the  private  restoration  in  1805,  and  acts  executed 
after  the  public  restoration  in  canonical  form  by  the  Bull 
Sollicitudo  omnium  ecclesiarum,  of  7  Aug.,  1814. 

The  difficulties  which  Archbishop  Neale  had  encountered  in  the  ecclesi- 
astical management  of  Norfolk  and  Charleston  made  him  invite 
and  urge  Father  Grassi  to  go  on  his  behalf  and  enlighten  the 
Propaganda  in  Rome.  This  step  he  took  after  conferring,  as  he 
says,  with  my  dear  and  bosome  friend,  the  Eev.  and  clear  sighted 
Mr.  Marechal,  his  Vicar  General.  Both  of  them  represented  to 
Grassi  the  state  of  delusion  under  which  the  Propaganda  was 
labouring,  because  of  false  representations  made.30  The  archbishop 
wrote  letters  in  keeping  with  the  facts,  both  to  Rome  (6  Mar.,  1817) 
and  to  a  colleague  in  the  episcopate,  whose  support  he  desired  to 
have  in  the  emergency?1  On  the  ground  of  a  mandate  (8  Oct., 
1816)  being  surreptitious  and  null,  he  and  Marechal  finally 
induced  Grassi  to  go  and  represent  their  cause  privately  in  Rome. 
However,  the  letter  addressed  by  Archbishop  Neale  to  His  Holiness 
was  enough  for  the  purpose.  The  previous  action,  founded  on 
false  information,  was  immediately  and  absolutely  rescinded  by 
the  Pope  (9  July,  1817).  When  the  rescript  annulling  the 
previous  mandate  arrived  in  Baltimore,  Dr.  Marechal  had 
already  succeeded  Dr.  Neale.3Z  The  silent  and  precipitate 
manner  in  which  Gallagher  and  Browne  had  imposed  on  the 
Propaganda  seems  to  have  conveyed  a  lesson  not  lost  sight  of  in 
America. 

The  revolutionary  phase  which  now  came  over  the  proceedings  of  the 
Corporation  need  not  be  dwelt  on  here,  because,  though  touching 
the  question  of  property  in  no  small  degree,  it  is  rather  a  history 
of  the  Jesuits  themselves  and  belongs  to  our  historical  narrative. 

•9  No.  186,  A. 

30  General  Archives  S.J.,  Maryl.  Epist.,  1,  v.,  L.  Neale,  Baltimore,  9  Apr.,  1817,  to 
Grassi,  Georgetown.    Ibid.,  Marechal,  Baltimore,  21  Apr.,  1817,  to  same  (cf.  No.  184, 
A,  note  2).     Grassi' s  Memorie  (as  above,  p.  830) ;  pp.  76-78. 

31  Cf.  No.  135,  note  50. 

32  Georgetown  College  MSS.  and  Transcripts,  1815-1817 ;  1816,  Oct.  8,  Card.  Litta 
to  L.  Neale.      Ibid.,  (1817),  L.  Neale  to  a  suffragan  bishop  (New  York?).      Ibid., 
1817-1827 ;  1817,  Mar.  6,  L.  Neale  to  the  Pope.    Ibid.,  1817,  July  9,  July  10 ;  the 
Pope  to  L.  Neale  ;  Card.  Litta  to  tlie  same.     All  the  foregoing  are  in  Shea  transcripts. 
—Juris  Pontificii  de  Propaganda  Fide  Pars  Prima,  (R.  de  Martinis),  iv.  557,  558, 
the  Pope,  9  July,  1817,  to  L.  Neale,,  where  the  archbishop's  remonstrance  is  referred  to 
the  date,  13  Apr.—Cf.  J.  G.  Shea,  History  of  the  Catholic  Church  in  the  United 
States,  Hi.  34. 

VOL.    I.  3    M 


890  No.  180,  N,  0.     A    NEW  SITUATION,    1817-1820  [V 

N.  1817,  October  15-16. 

Proceedings  of  the  Corporation,  15-16  Oct.,  1817,  Georgetown. 

Swearing  in  and  subscription  of  Benedict  Fenwick,  before  the  Justice  of 
the  Peace,  John  Threlkeld. 

Oct.  16.  1?-11?  The  Pasquet  investigation  to  be  suspended.  The  Repre- 
sentatives having  given  their  consent,  all  the  Ann  Arundel  County  lands*3 
belonging  to  the  White  Marsh  estate,  are  to  be  sold,  towards  the  liquidating  of 
the  Corporation's  debts  ;  230  acres  of  the  Coshenhopen  farm  in  Pennsylvania 
to  be  sold  and  proceeds  to  be  laid  out  in  bank  stock  of  the  United  States  Bank. 
An  organization  of  Georgetown  College,  quite  novel  in  its  character  and  in  its 
principles  of  appointment  and  management.  A  joint  committee  of  Repre- 
sentatives and  Trustees,  J.  Wallace  and  W.  Matthews,  F.  Neale  and  B. 
Fenwick,  appointed  to  revise  all  past  proceedings,  etc.,  of  the  incorporated 
body. 

12?  Whereas  doubts  having  arisen  concerning  the  intent  and  meaning 
of  the  17th  article  of  the  Constitution,  regulating  the  appointment  of 
managers  for  the  estates  of  the  Corporation,34  and  whereas  it  is  the  duty  of 
the  Representatives  ex  officio  to  determine  the  meaning  of  the  Constitution, 
and  whereas  a  committee  having  been  appointed  consisting  of  two  persons 
to  explain  the  meaning  of  said  article,  which  committee  was  composed  of 
the  following  persons,  viz.  the  Rev.  Enoch  Fenwick  and  the  Rev.  William 
Matthews,  the  committee  to  whom  the  above  was  referred  are  of  opinion, 
that  the  advising  with  and  obtaining  the  approbation  of 
the  Bishop,  as  mentioned,  was  in  point  of  spiritual  jurisdiction  ;  and, 
as  the  late  Most  Rev.  Archbishop  has  ceded  to  the  existing  Superior  the 
spiritual  jurisdiction  of  said  estates,35  that  the  Superior  of  said  Society  be 
henceforward  substituted  for  the  Bishop.  It  was  by  the  above  Repre- 
sentatives resolved  and  agreed,  that  the  above  explanation  and  meaning 
of  17th  article  of  the  Constitution  be  admitted.36 

Signed:    FRANCIS    NEALE.      LEONARD    EDELEN,     FRANCIS    MALEVE. 
BENEDICT  FENWICK. 

Supplement  to  the  above  resolution.     In  case  oj  Father  Francis  Nettle's 
incapacity  or  decease,  Benedict  Fenwick  is  hereby  substituted  as  agent. 
Signed  again  by  the  same  four. 

0.  1818,  January  20. 

Proceedings  of  the  Corporation,  20  Jan.,  1818,  St.  Thomas's  Manor. 
Jan.  21.     Swearing  in  of  the  Rev  diaries  Neale,  to  fill  the  place  of  the 
Rev.  Mr.  Grassi  (actually  in  Europe). 

33  Cf.  No.  62,  C. 

34  No.  168,  A,  17°     Cf.  Nos.  162,  J,  ad  note  26 ;  175,  note  2 ;  178,  M2,  note  76. 

35  No.  189,  C,  L.  Neale-Grassi  Concordat,  3  Apr.,  1816.— Grassi,  departing  for 
Europe,  3  July,  1817,  appointed  Charles  Neale  to  act  as  Superior  pro  tern.     This  was 
C.  Neale' s  second  term. 

36  Cf.  No,  119,  [»],  note  30. 


§15]  No,  180,  P.     A   NEW  SITUATION,    1817-1820  891 

1?,  2°  Ratification  of  acts  passed  in  meetings  of  the  Board  at  Georgetoivn, 
which  place,  being  in  the  District  of  Columbia,  may  not  have  answered  the 
requirements  of  the  charter.  The  novitiate  to  be  removed  from  Georgetown  to 
White  Marsh  or  any  other  place  ivhich  the  Superior  may  appoint.37 

Signed:   C.  NEALE.     FRANCIS  NEALE.     FRANCIS  MALEVE.     LEONARD 
EDELEN.     BENEDICT  FENWICK. 

P.  1818,  June  6. 

Archbishop  Ambrose  Marechal,  6  June,  1818,  to  the  Trustees  and  Re- 
presentatives  of  the  Corporation  of  the  Clergy  of  Mary  land. :i8 

Baltimore,  6th  June,  1818. 

REVEREND  GENTLEMEN, 

If  Almighty  God  had  listened  to  my  prayers,  and  granted  me 
the  grace  of  spending  my  days  in  the  humble  state  of  life  I  embraced  from 
my  youth,  I  should  have  never  troubled  you  with  this  letter.  The  wants 
which  a  private  clergyman  may  ever  experience  are  generally  very  limited 
and  easily  provided  for.  His  poverty,  although  painful  to  nature,  proves 
often  to  him  a  source  of  blessing  and  happiness.  At  least,  very  seldom  it 
is  an  obstacle  to  the  success  of  his  sacred  ministry. 

But,  unfortunately,  it  is  quite  otherwise  with  me.  By  a  disposition 
of  Divine  Providence,  still  unaccountable  to  me,  I  am  Archbishop 
of  Baltimore,  and  charged  with  the  administration  of  a  vast  diocess. 
Surely  you  are  sensible  that  my  present  office  necessitates  many 
considerable  expenses,  which  if  I  cannot  meet,  religion  must  unavoid- 
ably and  greatly  suffer.  My  venerable  predecessors  have  constantly 
received  from  the  Corporation  an  annuity  of  about  1200  dollars,39  and  for 
my  part  I  have  never  till  very  lately  entertained  any  fear  of  its  being 
withdrawn  from  me.  It  appeared  to  every  disinterested  person,  and  I 
looked  upon  it  myself  from  the  beginning,  as  an  unquestionable  right 
belonging  to  the  See  of  Baltimore,  founded  :  1?  on  the  very  Act  of  In- 
corporation,40 which  expressly  states  that  the  grand  mass  of  ecclesiastical 
property,  which  it  secures  by  law,  shall  be  applied  to  the  use  and  main- 
tenance of  the  ministers  of  the  R.C.  Religion  in  Maryland,  which  clause 
manifestly  comprehends  the  maintenance  and  support  of  the  first  and 
principal  minister,  the  Archbishop  :  2?  on  a  positive  and  formal  convention 
passed  between  Archbishop  Carroll  and  the  Rev.  Mr.  Molineux,  Superior 
of  the  Society  in  the  United  States,41  of  which  Society  you  are  all 

37  This  is  the  fifth  or  sixth  removal  of  the  novitiate  in  about  half  a  dozen  years. 

38  This  is  the  style  of  address  as  given  in  Shea's  abstract  of  Marechal's  draft 
without  date  (Georgetown   College   Transcripts,   Shea's  abstracts,  1818-1841).      The 
name  of  the  Corporation  has  thus  become  unrecognizable ;  and  the  intrusion  of  the 
term,  Representatives,  conveys  a  totally  new  and  foreign  idea.     There  were  no  Repre- 
sentatives of  the  Corporation.     Cf.  Nos.  119,  [jr.],  p.  451 ;  109,  A. 

39  Cf.  Nos.  137,  ad  note  1 ;  217,  pp.  1130, 1131. 

40  No.  164,  A  ;  ibid.,  note  1. 

41  No.  186,  A. 


892  No.  180,  Q.     A    NEW  SITUATION,    1817-1820  [V 

members  ;  3?  on  the  open  declaration  made  on  many  occasions  by  Arch- 
bishop Carroll,  asserting  that  the  annuity  he  received  from  the  Corpora- 
tion should  be  paid  to  his  successors,  and  that  he  would  spurn  to  accept  it, 
were  it  limited  to  his  own  person.42 

How  manifest  soever  my  right  appears  to  me  and  to  others,  yet  a 
report  is  spreading  abroad  that  I  am  exposed  to  the  danger  of  its  being 
laid  aside,  either  as  questionable  or  unfounded.  The  state  of  uncertainty 
I  am  in  is  not  only  disagreeable,  but  may  even  expose  me  to  serious 
difficulties.  I  beg  you,  therefore,  to  take  the  subject  into  consideration, 
and  let  me  know  your  final  resolution  upon  it. 

I  should  be  very  sorry  indeed,  if  in  the  minute  account  of  my  diocese, 
which  I  must  soon  send  to  Rome,43  I  were  under  the  painful  necessity  of 
stating  to  His  Holiness  that  I  am  deprived,  by  an   act  of  the  Clergy  of 
Maryland,  of  the  revenues  enjoyed  by  my  predecessors. 
I  remain  with  great  respect, 

Rev.  Gentlemen, 

Your  most  obf  humble  Serv!, 

+  AMB.  Arch.  Bait? 

Q.  1818,  June  10. 

Proceedings  of  the  Corporation,  10  June,  1818,  St.  Thomas's  Manor. 

1?  Urgency  in  removal  of  novitiate  from  Georgetown,  considering  the 
precarious  situation  in  which  the  College  now  stands.  Resolved  that  the 
house  erected  in  the  City  of  Washington,  adjoining  St.  Patrick's  Church, 
is  hereby  ordered  to  be  finished  as  to  its  enclosures  and  in  every  other 
respect,  and  the  expences  of  the  same  to  be  defrayed  as  far  as  possible  from 
the  estate  at  the  White  Marsh. 

2?  Repudiation  of  the  sale  of  a  slave  by  the  Rev.  John  McElroy,  S.J., 
unless  the  agent  confirm  said  sale. 

3?  That,  considering  the  many  heavy  expences  incurred  by  the  present 
Most  Rev.  Archbishop  [Ambrose  Marechal]  and  his  being  able  to  derive 
no  revenue  or  income  from  the  city  of  Baltimore,  in  consequence  of  the 
vast  sums  actually  required  for  the  building  of  the  cathedral,  the  principal 
charge  of  which  devolving  on  the  Catholics  of  said  city,  resolved  that  the 
sum  of  five  hundred  and  sixty  dollars  be  allowed  him  for  the  space  of 
three  years,  to  be  annually  paid  him  by  the  Agent,  commencing  from  the 
day  of  his  consecration  (provided  he  be  willing  to  accept  the  same),  the 
present  state  of  the  finances  of  the  Corporation  not  permitting  them  to 
give  more ;  and  that  it  be  distinctly  understood  that  the  above  annual 
sum  is  a  pure  gratuitous  grant  or  donation,  and  in  no  wise  to  be  inter- 
preted as  given  him  in  consequence  of  any  claim  or  right  he  (the  said 
Archbishop)  may  suppose  to  have  upon  them  from  any  of  their  former 

42  This  assertion  is  supported  by  no  document.     Cf.  No.  157,  C. 
"  Cf.  Nos.  184,  A ;  190,  B. 


§  15]  No.  ISO,  R.     A    NEW  SITUATION,    1817-1820  893 

acts  or  resolves.     The  Agent  is  hereby  charged  to  inform  this  Board  at 
their  next  meeting,  whether  he  accepts  the  above  mentioned  sum  or  not.44 

4?— 18?  A  variety  of  enactments.  Among  them,  Father  Anthony  Kohlmann 
(Superior  of  the  Mission)  admitted  a  member  of  the  Select  Body  of  the 
Incorporated  Clergy  of  Maryland.  With  the  consent  of  the  Representatives, 
a  portion  of  the  White  Marsh  estate  in  Prince  George's  County 43  to  be  sold. 
A  report  of  the  desperate  situation  of  Wliite  Marsh  demanded,  with  powers 
accorded  the  agent  to  take  immediate  measures  against  the  contracting  of 
further  debts. 

19?  Resolved,  That  the  agent  give  speedy  notice  to  the  person  or 
persons  whom  it  may  concern,  that  henceforward  no  more  than  50  dollars 
shall  be  allowed  by  this  board  towards  printing  the  Ordos,  and  expences 
incurred  in  the  purchase  of  oils.46 

20?-22?  Temporary  invalid  allowance,  for  the  manager  of  Newtoivn 
(Leonard  Edelen).  Repeal  of  the  former  resolution  about  selling  the  Ann 
Arundel  County  lands  of  the  White  Marsh  estate.47  St.  George's  Island  to 
be  sold,  and  proceeds  to  be  lodged  in  the  United  States  Bank,  subject  to  the 
control  of  the  Corporation. 

Signed:    CHARLES    NEALE.     FRANCIS    NEALE.     BENEDICT    FENWICK. 
LEONARD  EDELEN.^ 

R.  1818,  July  16—1820,  April  26 

Agent's  Cash-book,  1802-20.     Extracts: 

1818,  July  16.     Paid  Most  Rev.  Archbishop  Mareshal  as 

part  salary $100.00 

1819,  Nov.    16      By   cash    paid   Archbishop    Marshall  on 
account  of  salary      ..  ..  ..  ..  ..  ..  ..      $300.00 

1820,  Apr.  26.     By  cash  paid  Archbishop  in  part  ..  ..      $200.00 
Among  the  few  receipts  : 

1820,  Apr.   22.     To  cash  received   in   part   for  -  -  -  acres 

land  sold  Dr.  Duckett  at  White  Marsh $700 

To  ditto 500 

To  Mr.  Divoff 4y             1341.54 

„   bal.  due  Agent          ..           ..            ..            ..           ..           ..  1071.77 

44  This  resolution,  by  its  terms  and  limitations,  left  Mgr.  Marcchal  at  liberty  to 
accept  or  decline  tlie  offer  as  a  pure  gratuitous  alms,  and  not  as  a  right.  He  preferred 
to  accept  it.  Cf.  No.  117,  A,  where  he  omits  the  essential  condition  of  the  a  rant. 

«*  Cf.  No.  62,  C. 

1  This  point  alludes  to  the  old  custom  of  defraying  the  expenses  of  annual  directories 
for  Mass  and  sacred  functions,  as  well  as  to  the  important  item  of  the  holy  oils,  which 
arc  procured  on  Maundy  Thursday.  What  had  been  an  ordinary  expense  with  the 
Jesuit  procurator  or  Superior  in  supplying  tlie  members  of  his  Mission  had,  in  the 
course  of  time,  become  a  general  subvention  to  the  entire  clergy,  probably  of  more 
dioceses  than  one.  Cf.  Nos.  170,  P,  4?  ;  176,  J  ;  180,  H,  4?,  note  21. 

7  Supra,  N,  21? 

48  MalevA  pi-esent  at  the  beginning,  but  not  sinning  at  the  close  of  the  meeting. 

40  Cf.  No.  135,  A,  note  8. 


894  No.  180,  S,  T.     A    NEW  SITUATION,    1817-1820  [V 

S.  1818,  August  25. 

Proceedings  of  the  Corporation,  25  Aug.,  1818,  St.  TJtomas's  Manor. 

Resolved  that  the  Rev.  Anthony  Kohlmann  [Superior  of  the  Mission]  be 
and  is  hereby  appointed  Agent  of  the  Corporation  of  the  Roman  Catholic 
Clergy  of  Maryland,  with  full  power  of  transacting  business  for  the 
same,  and  employing  under  him  such  sub-agents  as  he  may  deem  fit  for 
the  purpose.50 

Signed:   CHARLES  NEALE.     FRANCIS  NEALE.     FRANCIS  MALEVE. 

T.  1818,  November  12. 

Kohlmann,  Georgetown,  12  Nov.,  1818,  to  (the  Provincial  of  Italy).51 
Relation  of  an  intervieio  between  Kohlmann,  Superior  as  well  as  agent  of  the 
Corporation,  and  Marechal,  on  the  subject  of  the  claim  just  advanced  by  the 
latter. 

He  gives  the  substance  of  Marechal's  claims  and  assertions,  and  discusses 
the  value  of  the  Carroll-Molyneux  document,  radicallement  nul 52  (cf.  supra,  P). 
In  the  interview,  which  seems  to  have  been  quite  affecting,  Kohlmann  assured 
Marechal  that  the  Society  would  rather  sell  all  its  property  than  see  him  in 
want.  But,  in  the  present  circumstances,  the  policy  of  crippling  the  Society, 
and  relieving  the  wealthy  Baltimore  laity  of  the  obligation  which  was  imposed 
on  them  by  every  law  to  support  their  pastor,  was  not  for  the  glory  of  God  nor 
for  the  good  of  his  diocese.  Comparison  with  the  other  bishops  of  America. 
Reference  to  the  gift  of  old  S'.  Peter's,  valued  at  §40,000  ; 5:J  and  to  the  actual 
subsidy  voted  (supra,  Q,  3?). 

10  Only  one  resolution  at  the  meeting. 

51  Father  A loysius  For tis,  future  General,  was  Provincial  in  Rome  till  December, 
1818.     This  letter  must  have  come  to  the  hands  of  Father  Sinco,  the  succeeding 
Provincial. 

52  Whether  Kohlmann' s  interview  with  Marechal  was  held  in  Baltimore  or  at 
Georgetown,  there  is  no  mention  in  the  foregoing  letter  of  the  original  document  having 
been  shown.     Four  years   later,  after  tlie    issuing  of   a  Papal  Brief,   Kohlmann 
fonoarded  a  treatise  (Washington,  6  Dec.,  1822),  in  which  he  disctisses  the  same  matter, 
and,  while  saying  that  Marechal  "sent"  him  the  paper,  he  also  speaks  of  it  as  one  in 
which  Molyneux  "is  said  "  to  have  undcriaUen  an  obligation.    He  notes  the  absence  of 
all  authenticity  in  this  "  very  short  paper,"  or  "very  small  paper," — which  would  be 
a  very  gentle  criticism  if  passed  on  the  original  (cf.  No.  186,  A,  facsimile),  and  is  a 
reflection  on  his  own  want  of  foresight  if  he  was  content  with  a  copy : 

[P.  5.]     II"!11  I™  Arch!  fundamenturn,  charta  B.  P.  Molyneux. 

Secundum,  cui  Im.us  Archu.s  in  causa  sua  adserenda  non  parum  fidit,  est  charta 
quaedam  in  promiscuis  scriptis  ab  I1"0  Arch?  Carroll  relictis  casu  reperta,  in  qua  B.  P. 
Molyneux,  pro  tempore  Superior  hujus  missionis  Americanae  S.J.,  suam  dicitur 
fidern  obligasse  Arch?,  seu  potius  Episcopo  Carroll  (quia  tune  nondum  erat  Arch1!8) 
ejusdemque  in  perpetuum  successoribus  ad  contribuendarn  summani  aliquarn  inde- 
terminatam  ex  fundis  corporationis  ad  ipsorum  sustentationem.  Hanc  brevissimam 
chartam,  omni  juris  solemnitate,  puta  sigilli,  testium,  &c.,  destitutam,  ac  toti  corpo- 
ration! hucusque  incognitam  .  .  .  hanc  chartam,  inquain,  I'™3  Arch1!5  Marechall,  duni 
Superioris  hujus  missionis  officio  fungerer,  ad  me  misit,  eaque  perlecta  prolixam  cum 
eodeni  circa  earn  conferentiam  habui  .  .  .  (General  Archives  S.J.,  Maryl.  Epist.,  6,ii. 
Kohlmann,  Washington,  6  Dec.,  1822,  to  the  General,  Father  Fortis ;  duplicata, 
24  pp.  4to.  Cf.  No.  183,  B  ;  197,  B,  11 ;  199,  B.) 

53  Cf.  No.  94,  B. 


§  15]  M.  181.     RECONSTRUCTION,    1820-1822  895 

U.  1818,  December  29. 

Proceedings  of  the  Corporation,  29  Dec.,  1818. 

State  of  Maryland,  Charles  County,  S0.1  Swearing  in  of  the  Rev. 
Anthony  Kohlmann  as  a  Trustee,  29  Dec.,  1818,  with  his  subscription  to 
the  usual  oath.  Sworn  before  Jno.  Edelen,  Justice  of  the  Peace. 

The  one  resolution,  l>y  which  the  Maryland  Superior  of  the  Society  was 
put  effectively  in  place  of  the  Corporation,  and  that  Tyy  order  of 
the  General,  served  to  correct  for  a  while  the  incongruity  of  a 
vicarious  Board  pretending  to  occupy  the  place  of  the  Society, 
when  the  latter  stood  no  longer  in  need  of  such  a  substitution, 
and,  least  of  all,  when  the  members  of  the  Board  were  themselves 
all   Jesuits.       But   the   new   arrangement  failed  to  work  har- 
moniously.     A  year  later,  Father   Peter  Kenney  of  the  Irish 
Mission  was  hurriedly  commissioned  by  the  General  to  inspect  the 
Maryland  Mission,  in  capacity  of  Visitor.     He  largely  rehabili- 
tated the  former  bureau  of  administration,  appointing  Adam 
Marshall  as  agent.     This  one  circumstance  affected  the  claims  of 
Mgr.  Marechal  in  the  most  serious  manner.      For,  instead  of 
having  a  Superior  of  the  Society  or  any  regular  authority  to  face, 
he  had  to  deal  with  a  piece  of  civil  machinery,  which  disowned 
both  the  forms  and  the  substance  of  canonical  jurisdiction,  and 
which  neither   the    Propaganda,   nor   the   Most   Rev.   Ambrose 
Marechal,  nor  the  General  of  the  Society,  succeeded  in  manipu- 
lating to  any  purpose. 

Md.-N.  Y.  Province  Archives,  1817,  Feb.  6,  S.  Bf  (Simon  Brute;  postmark, 
Baltimore),  to  Grassi ;  4  pp.  4to,  with  three  postscripts. — Ibid.,  Proceedings 
of  the  Corporation,  14-19  Feb.,  1816;  19-20  June,  1816;  20  Aug.,  1816; 
10  Oct.,  1816  ;  20  June,  1817  ;  15-16  Oct.,  1817  ;  20  Jan.,  1818;  10  June,  1818 ; 
25  Aug.,  1818;  29  Dec.,  1818.  --  Ibid.,  Carton  DB.,  Agent's  Cash-Booh, 
1802-1820  ;  (chiefly  McElroy's  hand),  1817-1820.— Georgetown  College  MSS., 
1817,  Mar.  26,  L.  Neale's  receipt,  autograph ;  a  torn  half-page  4to. — Ibid., 
MSS.  and  Transcripts,  Marechal  Controversy,  1818,  June  6,  Marechal,  Balti- 
more, to  (the  Trustees) ;  2pp.  fol.  Ibid.,  Shea's  Abstracts,  1818-1841,  Marechal, 
6  June,  1818,  to  the  Trustees. — General  Archives  S.J.,  Maryl.  Epist.,  6,  i., 
Kohlmann,  12  Nov.,  1818  (to  the  Provincial  of  Italy,  Rome) ;  4  pp.  4to,  with- 
out address,  having  been  sent  by  the  hand  of  the  novice,  Francis  Vespre. 

No.  181.  1820-1822. 

End  of  the  eleemosynary  administration :  Keuuey's  reconstruction  of 
the  Board.  By  the  solitary  resolution  of  25  Aug.,  1818,  the 
Board  had  elected  the  Superior,  Father  Anthony  Kohlmann,  to 
le  their  competent  agent,  not  responsible  to  the  Trustees.1  Divers 
measures  taken  l>y  Father  Kohlmann,  prior  and  subsequent  to 

1  No.  180,  S. 


896  No.  181,  A.     RECONSTRUCTION,    1820-1822  [V 

this  act  of  the  Corporation,  as  well  as  the  xoant  of  sympathy  and 
co-operation  which  he  encountered,  defeated  all  the  ynirposvs  of 
reconstruction  which  he  and  the  General  had  in  view.  Benedict 
Fenwick,  whom  he  had  allowed,  at  Mgr.  Mareehal's  request?  to 
undertake  the  mission  of  CJiarleston,  South  Carolina,  in  company 
with  Father  James  Wallace  (2  Sept.,  1818},  was  recalled  to 
Georgetown  by  the  Visitor,  Father  Kenney.  The  latter,  exercising 
all  his  prudence  and  ingenuity  in  the  effort  to  reconstruct  the 
temporalities,  limited  the  Superior  s  authority  on  that  side, 
restored  the  Board's  administration,  and  gave  extensive  powers  to 
the  new  agent,  Father  Adam  Marshall.  Though  the  Visitor  did 
not  intend  it,  this  choice,  owing  to  the  character  of  the  man 
chosen,  ended  in  making  the  overhearing  procurator  a  general 
manager  of  everything  and  everybody,  especially  of  the  Superior. 
It  was  while  the  situation  was  thus  abnormal  and  false,  and  long 
before  the  new  Superior,  Father  Francis  Dzierozynski  could  with 
Ms  infinite  tact  redress  it,  that  the  issue  against  the  Board  and 
its  temporalities  was  opened  in  Rome  by  the  Most  Rev.  Archbishop 
Ambrose  Marechal  (182%)  ;  3  who,  hoioevcr,  himself  a  Frenchman 
lately  returned  to  American  soil,  discovered  before  long  what  was 
meant  by  having  to  confront  Jive  such  men  as  two  Ncales,  Benedict 
Fenwick,  Joscpli  Carbery,  all  entrenched  in  a  civil  Corporation, 
with  Adam  Marshall  for  their  executive  agent. 

A.  (1820,  April.) 

Kennctfs  Ordination  on  the  Management  of  Temporalities,  (Apr.,  1820}. 

U-]  General  preliminaries  on  the  principles  of  temporal  administration  in 
the  Society  ; 4  and  on  the  constitutional  reservations  of  the  authority,  vested  by 
the  General  in  subordinate  superiors.  [Pp.  4-8.]  4thly.  It  is  also  to  be 
premised  that,  as  the  Society  in  this  Mission  of  the  United  States  has 
entered  into  the  possession  of  the  property,  which  the  ancient  American 
Fathers  have  so  wisely  secured  and  the  present  Fathers  with  so  much  zeal 
and  constancy  have  preserved,  there  no  longer  exists  in  this  country  any 
authority  that  can  conscientiously  alienate  any  part  of  it;  as  it  is 
seen  in  the  [second]  article  of  this  preamble,  that  such  power  is  reserved 
to  the  General  Congregation ;  and  even  the  powers  granted  by  the  4th 
General  Congregation  to  the  General,  in  the  case  and  manner  above  cited, 
are  conceived  to  be  much  restrained  by  the  posterior  decrees  of  Urban  the 
8th,  17th  Sept.,  1624,  and  22d.  of  March,  1626.  Hence,  in  the  present 

-  Cf.  No.  118,  §  17. 

3  Section  III.,  Nos.  115-121. 

1  Cf.  Carroll  on  the  same  subject,  No.  143,  A,  [///.]. 


§  15]  No.  181,  A.     RECONSTRUCTION,    1820-1822  897 

instance,  Father  General  will  not  take  on  him  the  responsibility  of  any 
alienation,  and  therefore  orders  that,  if  such  measures  should  be  necessary  5 
a  dispensation  should  be  obtained  from  the  Holy  See.  Father  General 
seems  also  to  look  on  this  dispensation  as  necessary  for  the  sale  of  the 
property  of  the  late  Litterary  Institution  at  New  York.  But  the  Visitor 
is  inclined  to  believe,  that  the  complicated  manner  in  which  that  property 
has  now  fallen  into  the  hands  of  those,  who  have  engaged  to  pay  its  debt, 
has  not  been  clearly  unfolded  to  his  Paternity,  to  whom  the  Visitor  has 
already  signified  his  opinion,  that  no  dispensation  is  requisite,  because  that 
house,  tho  intended  for  the  Society,  never  formed  any  part  of  the  property 
of  the  Society.  In  time,  it  would  eventually  have  become  such;  but  it 
neither  was  given  to,  or  accepted  by,  the  Society.  Whilst  it  was  reputed 
to  belong  to  it,  the  Society  did  not  pay  one  dollar  for  its  possession.  It 
has  only  become  subject  to  the  disposal  of  him  who  suppressed  the  Institu- 
tion, because  honor  and  justice  required  him  to  repay  the  money  which 
seculars  had  risked  in  the  speculation.5 

[//.]  On  the  general  administration  of  the  property  of  the  Mission  S.J. 
in  the  United  States. 

Ordinances.  1.  The  present  Trustees  are  hereby  appointed  official 
councillors  of  the  Superior  in  Maryland.  2.  The  general  procurator  of  the 
Maryland  Mission.  8.  Local  procurators.  4.  The  councillors  in  relation  to 
other  affairs,  not  temporal. 

Fifth  article.  The  better  to  secure  the  sacred  trust  reposed  in  the 
Corporation,  no  dispensation  to  alienate  any  part  of  its  property,  whether 
it  be  such  as  is  termed  immobilia  vel  quasi  immobilia,  shall  be  obtained, 
or  used  if  obtained,  unless  the  majority  of  the  Trustees  and  the  majority 
of  the  Representatives  of  the  Select  Body,  after  they  have  reflected  on 
their  oath,  shall  declare  that  such  alienation  seems  to  them  of  evident 
utility. 

In  like  manner,  neither  shall  the  Superior  or  others  invested  with  the 
legal  title  to  property  not  incorporated6  alienate  any  part  of  it,  unless 
the  majority  of  the  corisultors  of  the  Mission,  and  the  majority  of  the 
professed,  or  (until  there  be  '20  professed  in  the  Mission)  the  majority  of 
the  professed  and  formed  spiritual  coadjutors  deem  such  alienation  of 
evident  utility. 

And  what  is  here  said  of  alienation  is  to  be  understood  of  mortgages, 
bonded  debts,  or  contracts  of  such  magnitude  as  might  eventually  cause 
some  part  of  the  property  to  be  sold.  In  all  these  cases  the  above 
declaration  is  to  be  had  in  favor  of  such  project  or  contract,  to  wit,  "  that 
it  appears  of  evident  utility,"  before  it  be  carried  into  effect.  And  should 
any  learn,  that  an  attempt  to  alienate  or  endanger  property  contrary  to 
the  tenor  of  this  Ordination  is  likely  to  be  made,  he  is  bound  to  denounce 
the  same  to  the  consultors,  who  are  to  employ  every  means,  (even  suit  at 

*  Cf.  No.  109,  B. 

K  Chiefly  in  Pennsylvania. 


898  No.  181,  B.     RECONSTRUCTION,    1820-1822  [V 

law  or  prosecution)  to  prevent  such  a  sacrilegious  abuse  of  trust  from 
being  carried  into  effect.  Neither  can  the  guilt  of  disobedience  be  here 
apprehended,  even  tho  the  Superior  were  party  or  principle  in  the 
transaction,  as  in  such  case  he  would  act  against  the  Constitutions,  and 
the  ordinations  of  superior  authority. 

All  these  relations  between  the  Trustees  and  Superior  are  to  be 
observed,  whether  the  latter  be  a  member  of  their  Board  or  not.  If  he 
be  a  member,  he  will  preside  at  the  meeting  ;  if  he  be  not,  then  the  most 
ancient  of  the  professed  or  spiritual  coadjutors,  who  are  members  of  the 
Board. 

Local  government  of  superiors,  in  temporal  matters. 

B.  (1820,  April.) 

Kenney's  Statement  to  the  Consultors  of  the  Mission,  (Apr.,  1820}. 

[Pp.  1-12.]  Eeligious  Discipline.  Studies.  Temporalities.  Nothing 
can  be  more  distressing  than  the  general  view  presented  by  so  much 
apparent  wealth  and  real  poverty.  Splendida  paupertas.  A  statement  is 
not  here  necessary,  as  the  consultors  are  better  acquainted  with  the  details, 
which  the  Visitor  cannot  easily  give.  As  there  is  not  anywhere  a  regular 
and  uniform  system  of  keeping  the  books,  he  could  not  exactly  learn  the 
actual  state  of  each  farm  ;  but,  everywhere  almost,  complaints  of  bad 
management,  unprofitable  contracts,  useless  and  expensive  experiments 
and  speculations.  Large  farms,  such  as  White  Marsh  and  St.  Thomas, 
depending  on  the  produce  already  secured  to  clear  debts,  without 
leaving  any  surplus  for  improvements  in  house  or  farm,  or  any  con- 
tribution for  the  encrease  of  the  common  fund.  It  must  be  said  that 
Conewago 7  and  Newtown  8  afford  a  pleasing  diversity  in  this  prospect. 
The  families  9  supported  in  both  places  are  very  expensive,  and 
they  are  maintained  with  creditable  decency  and  comfort.  They  and 
St.  Thomas's10  are  the  only  places  where  even  our  missioners  are 
either  lodged  and  maintained  as  they  ought  to  be.  Indeed,  at  Bohemia 
good  Brother  Hea[r]d  does  his  best  to  clear  the  farm  of  debts,  and 
render  the  habitation  less  uncomfortable.  But,  in  the  two  places 
mentioned,  the  farms  themselves  bespeak  attention  and  activity.  Oilier 
special  criticisms.  Discussion  on  the  choice  to  be  made  of  a  procurator  for 
the  Mission.  As  to  Father  Enoch  Fenwick  at  Baltimore :  An  effort  has 
been  made  to  get  Mr.  E.  F.  from  Baltimore,  and  the  Arbp.  [Marechal] 
would  not  consent,  unless  we  find  some  one  who  will  please  him,  and  who 
is  not  to  be  removed  from  him  !  As  long  as  he  is  in  Baltimore,  it  is 
useless  to  think  of  him.  On  the  slaves. 

'  Under  Rev.  L.  de  Earth's  management. 
8  Under  Father  Edclen's  management. 

8  That  is,  the  slaves.      Family  is  the  regular  term    ivith  the  Fathers  for  these 
dependants.     Cf.  No.  114,  H,  K. 
10  Cf.  No.  110,  E. 


§  IS]  No.  181,  C,  D.     RECONSTRUCTION,    1820-1822  899 

Before  they  adjourn  he  presses  on  their  attention  :  1.  The  Archbishop's 
demand,  which  Superior  will  state. 
Six  oilier  special  heads. 

G.  1820,  April  20. 

Proceedings  of  the  Corporation,  20  Apr.,  1820,  St.  Thomas's  Manor.11 
Only  one  resolution,  that  Mobberly's  services  are  no  longer  wanted  at 
St.  Inigoes.     He  is  removed  to  St.  Thomas's  Manor.12 

Signed :  ANTHONY  KOHLMANN.     CHARLES    NEALE.    FRANCIS  NEALE. 
LEONARD  EDELEN. 

D.  (1820,  April  20.) 

Father  Leonard  Edelen,  secretary  of  the  Corporation  (20  Apr.,  1820),  to 
Mgr.  Marechal.13 

MOST  REVD  AND   D".  SIR, 

I  have  the  honour  of  addressing  your  Grace  in  the  following  few 
lines  on  the  interesting  subject  of  your  demands14  of  the  R.C.  Clergy  of 
Md. ;  who,  in  their  late  meeting  held  at  St.  Thomas'  Manor,  the  18th.  of 
the  prb:  [present  month  ?],  imposed  the  duty  on  me  ;  which  I  should  perform 
with  great  satisfaction  to  myself,  were  I  able  to  execute  it  in  such  a 
manner,  as  to  afford  an  additional  proof  of  the  constant  and  high  esteem 
which  I  have  always  cherished  for  your  Grace. 

On  this  occasion,  the  said  demands  were  layed  before  the  Board  by 
Rev.  Fr.  Kohlmann.  After  mature  deliberation  on  the  same,  and  a 
reference  being  made  to  the  By-laws,  as  well  as  to  all  the  Proceeding 
Resolves,  they  could  not  discover  any  grounds  for  such  a  right,  and 
were  unanimous  in  opinion  that  they  could  not  admit  it  without  a  breach 
of  trust  and  a  violation  of  duty.  There  is  an  instrument  of  writing, 
written  and  signed  by  AhB1!  Carroll's  own  hand,  in  possession  of  the  said 
Trustees,  which  throws  a  considerable  light  upon  this  subject.15  As  I 
believe  it  would  afford  great  satisfaction  to  your  Grace,  I  will  take  the 
liberty  of  inserting  it,  word  for  word,  at  the  end  of  this  letter. 

The  sum  of  $500,  which  at  a  previous  meeting  was  ordered  to  be 
paid  annually  to  your  Most  Reverence  [!]  for  three  years  successively, lb 
will  be  immediately  attended  to.  At  the  expiration  of  that  term,  the 

11  At  this  meeting,  Kenncy's  Ordinance  on  Temporalities  (siipra,  A)  was  presented 
to  the  Board.     Cf.  infra,  G,  4? 

12  This  was  evidently  in  conseqiience  of  Kenncy's  stricture  on  that  Brother's  manage- 
ment of  the  slaves  alluded  to  in  his  Consultation. 

13  This  letter  was  the  outcome  of  a  consultation,  St.  Thomas's  Manor,  18  and  20 
April,  1S20.     (Md.-N.  Y.  Province  Archives,  folio  Record  Book,  IV.,  ad  init. ;  2?) 
The  members  of  the  Superior's  council  were  the  actual  Trustees,  according  to  Kenncy's 
Ordinance  on  Temporalities  (supra,  A,  [A/.],  1). 

14  Marechal  had  renewed  his  demand,  6  Apr.,  1820.     (Gcorgetoimi  Colkgc  MSS.  and 
Transcripts,  Marechal  Controversy  ;  Shea's  Abstracts,  1818-1841.) 

15  No.  160,  C. 

1G  No.  180,  Q,  3? 


900  No,  181,  E.     RECONSTRUCTION,    1820-1822  [V 

Trustees  assure  Y'i  Grace,  that  they  feel  no  less  inclination  to  manifest 
the  same  friendly  disposition,  as  far  as  their  pecuniary  resources  will 
allow,  and  Y1!  Grace's  situation  may  require.  At  least,  they  will  not  be 
more  backward  than  their  Catholic  Brethren  in  contributing  their  pro- 
portionable part  for  so  laudable  a  purpose. 

With  sentiments  of  profound  respect,  I  remain, 

Yr  ob'u  and  hblc  serv?  in  X*, 

LEONARD  EDELEN. 

By  order  of  the  Trustees  of  the  R.C.  Clergy  of  Md. 

S.  1820,  April  30. 

Mareclml,  Baltimore,  80  Apr.,  1820,  to  Edelen,  secretary  of  tlie 
Corporation, 

REV"  AND  DEAR  SIR, 

Although  the  answer  of  the  Revd.  gentlemen,  Trustees  of  the 
Corp",  of  Mary'!,  to  my  last  letter  be  not  of  a  very  pleasing  nature,  yet  I 
beg  you  to  accept  my  grateful  thanks  for  having  transmitted  it  to  me. 
It  relieves  me  at  least  from  the  painful  state  of  suspense,  in  which  I  have 
been  kept  this  long  time. 

Had  I  been  near  you,  when  you  took  up  the  pen  to  copy  the  document 
you  have  sent  me,  I  should  have  beged  you  to  spare  you  that  trouble. 
For  that  piece  and  many  others  of  a  similar  nature  are  perfectly  familiar 
to  me.17 

The  fact  is  that,  soon  after  Dr.  Carroll  received  the  Bull  of  his 
nomination  to  the  see  of  Bait1;,  he  read  it  to  F1:  Ashton,  who  came  to  pay 
him  a  visit  on  the  occasion.  It  was  in  the  beginning  of  April,  1790.18 
When  this  Father  who,  as  you  well  know,  had  very  little  respect  for  the 
Holy  See,  heard  that  Pius  VI.  not  only  constituted  the  newly  elected 
Bishop  chief  Pastor  of  the  American  Church,  but  charged  him  moreover 
with  the  care  of  administering  its  property  (ecclesiasticos  proveritus 
administret),  he  was  quite  affrighted.  He  ran  out  of  the  room  of  Dr. 
Carroll,  panick  struck,  as  if  the  S.  Pontiff  had  invested  this  Prelate  with 
full  power  of  seizing  on  all  the  ecclesiastical  property  he  and  his  Brethren 
possessed  in  this  country.  In  vain  did  the  Rev.  Mr.  Sewall  try  to  dispel 
his  fear  by  assuring  him,  on  the  authority  of  Mr.  Thorpe,  the  agent  of 
Dr.  Carroll  in  Rome,  that  the  sentence  so  obnoxious  to  him  was  a  mere 
matter  of  form,  used  by  the  Pontifical  secretaries  from  time  immemorial. w 
He  would  not  listen  to  any  reasons  of  that  kind,  and  returned  precipitantly 

17  The  piece  in  qiiestion  was  among  the  Corporation  papers.  As  to  tlie.  others  of  a 
similar  nature,  that  is,  declarations  of  Carroll  against  any  right  to  Jesuit  property 
being  vested  in  the  See  of  Baltimore,  what  they  might  possibly  be,  docs  not  appear, 
though  their  equivalent  is  seen  passim  in  the  correspondence  given  above. 

1  This  was  when  Marechal  was  a  seminarian  in  France.  Whence  he  derived  the 
account  which  follows,  he  does  not  say. 

10  Cf.  No.  i60,  note  2. 


§   15]  No.  181,  E.     RECONSTRUCTION,    1820-1822  901 

to  White  Marsh.  Then  he  began  writing  frightful  letters  to  several 
members  of  the  Society,  as  enlightened  as  himself,  and  succeeded  to  infuse 
into  their  minds  the  wild  fears  by  which  he  was  day  and  night  tormented. 
It  was  to  calm  this  man  and  his  associates,  troubled  with  these  fantastick 
terrors,  that  Dr.  Carroll  wrote  the  above  mentioned  letter. 

But  I  may  assure  you,  Rev.  D!"  Sir,  that,  if  ever  I  be  unfortunately 
compelled  to  institute  a  law  suit  against  the  Corporation,  the  proofs  and 
arguments  I  shall  produce  before  the  competent  tribunal  will  be  of  a  very 
different  nature  and  force  from  those,  which  the  extravagant  imagination 
of  Fr.  Ashton  drew  from  the  Brief  of  Pius  VI.,  and  which  my  ven. 
predecessor  had  the  condescension  to  confute.20 

You  wrote  to  me  as  secretary  of  the  Corp"  Permit  me  then  to  make 
you  an  observation  on  a  singular  mistake,  contained  in  your  official 
letter. 

"  An  instrument  of  writing,"  you  say,  "  signed  and  delivered 21  by 
Arch?  Carroll  to  the  Trustees  of  the  B.C.  Corporation  of  Maryland  in 
1790,22  is  now  in  their  possession,  etc.  etc.  etc." 

The  act  of  the  Corporation  passed  the  Legislature  of  Maryland  on  the 
23  December,  1792.  How  is  it  possible  that  Dr.  Carroll  should  have 
written  the  Document,  you  forwarded  to  me,  to  the  Trustees  of  the 
Corporation  in  1790,  that  is,  two  years  before  the  political  body  had  any 
existence  ?  The  truth  is,  that  Dr.  Carroll  wrote  it  to  Fr.  Ashton  and  his 
associates  on  the  occasion  above  stated.25 

The  Bev.  Mr.  Carroll  has  been  with  us  a  few  days.  I  was  very  glad 
to  hear  him  say  that  your  health  is  rather  better  than  usual.  God 
grant  that  it  may  improve  every  day  ! 

I  am  respectfully, 

Bev.  and  D1.'  Sir, 

+AMB.  Arch.  Bait*: 

Addressed :  To  the  Bev.  L.  Edelen,  Secretary  of  the  Corporation  of 
Maryl? 

-"  Cf.  Nos.  117,  C;  124,  C,  notes  9, 11;  12G,  B,  note  4. 

21  And  delivered,  not  in  Edclen's  copy. 

22  To  the  Trustees  of  the  R.C.  Corporation  of  Maryland  in  1790,  not  in  Edelcn's 
copy. 

23  If  Edeleris  letter  corresponded  to  his  copy,  tlie  argument  of  Marcclial  would 
seem  to  be :  The  secretary  of  the  Trustees  said  that  they  had  the  document,  therefore 
he  said  that  Dr.  Carroll  had  written  it  to  the  Trustees ;  but  the  Trustees  did  not  then 
exist,  therefore  Carroll  wrote  it  to  somebody  else,  that  is,  Ashton.    In  fact,   Carroll 
wrote  it  for  the  Select  Body,  of  which,  three  years  afterwards,  Trustees  became  the 
incorporated  Board  (No.  169).     But  of  the  Select  Body  Marcchal  betrays  ignorance.— 
This  argument  from  dates  is  singularly  retorted  in  a  paper  of  the  General,  Father 
Fortis,   against   Marechal's  use  of   the    Carroll-Antonclli  correspondence  (No.  115, 
§§  17-20) ;  inasmuch  as  the  See  of  Baltimore  was  erected  in  1789,  and  the  said  corre- 
spondence about  the  erection  of  the  See  could  have  nothing  to  do  with  the  property  of 
the  Corporation,  cJiartered  only  in  1792.     The  General,  hmvcver,  docs  not  seem  to  be 
aware  that  his  reasoning  is  a  retorsio  argumenti.     See  No.  199,  A,  Osserv?  3. 


902  No.  181,  P,  G.     RECONSTRUCTION,    1820-1822  [V 

F.  (1820),  August  7. 

Kenney,  New  York,  7  Aug.,  (1820},  to  tlie  new  procurator,  Adam 
Marshall,  Georgetown. 

Words  of  encouragement.  Do  not  be  alarmed  at  the  debt  of  21,000 
dollars.  It  is  no  doubt  a  reproach  to  see,  with  such  means,  such 
embarrassment  still  subsist.  In  time  I  confidently  hope,  that  you  will 
see  it  quite  blotted  out.  On  the  foreign  concerns  of  the  Maryland  Mission. 
There  are  great  complaints  in  England  on  the  manner  in  which  just  debts 
have  been  neglected  either  by  Dr.  Carrol  or  the  Agent  of  the  Corporation. 
The  Jenkins  annuity.  The  English  Fathers  are  quite  indignant  at  being 
refered  to  Dr.  Carrol's  executors.  The  debt  was  contracted  with  the 
College  and  for  the  College.24  I  send  the  memorandum  given  me  at 
Stonyhurst.  Other  items. 

Yours  in  X1, 

PETER  KENNEY. 

G.  1820,  August  22. 

Proceedings  of  the  Corporation,  22  Aug.,  1820*'  St.  Thomas's  Manor. 

...  2?  TJie  Rev.  Joseph  Carbery  admitted  into  the  Select  Body,  and, 
appointed  manager  of  St.  Inigo's  farm. 

3?  Resolved,  that  the  Rev.  Adam  Marshall  be  and  is  hereby  appointed 
General  Agent  of  the  Corporation  of  the  Roman  Catholic  Clergy  of 
Maryland  with  full  power  for  transacting  business  for  the  same,  and 
employing  under  him  such  sub-agents  as  may  be  found  necessary  for  the 
same  purpose. 

4°  Resolved,  that  the  Regulations  for  the  Management  of  our  Tempo- 
ralities presented  [by  the  Visitor]  at  the  preceding  [preceding]  meeting 
held  at  St.  Thomas's  on  the  20th  of  April  182026  for  consideration,  be 
approved  of  and  adopted  for  said  purpose. 

5?  Resolved,  that  the  salary  allowed  and  paid  to  the  missioners  from 
our  farms  be  no  longer  paid  ;  and  all  special  resolves  passed  heretofore  in 
the  [?]  favour  of  missioners  living  out  of  our  houses 27  be  revoked  and  are 
hereby  revoked  and  of  non-effect  in  future. 

6?,  7?  Repeal  of  the  order,  14  June,  1814,  about  the  temporary  sale  of 
slaves  on  the  different  plantations.2*  Father  Francis  Neale  appointed 

24  Cf.  No.  176,  P ;  J,  note  12.     The  debt  had  not  been  formally  contracted  with  the 
college,  which  was  not  yet  organized  in  1790. 

25  This  date  is  three  days  after  Mareclial  had  indited  to  Cardinal  Fontana  the 
fundamental  document  on  his  claims  to  the  Jesuit  property.     See  No.  115. 

26  Supra,  C. 

27  This  resolution  speaks  of  subsidies  paid  from  the  general  fund  to  missioners 
living  out  of  our  houses,  that  is,  who  were  neither  Jesuit,  nor  working  in   Jesuit 
missions.     Cf.  No.  119,  [vn.],  where  Mareclial  says  that,  at  this  time,  "  the  mediocre 
allowance"  was  withdrawn  from  "the  secular  priests  who  work  in  missions  of  the 
Jesuits." 

28  No.  179,  V,  3?-5? 


§  15]  No.  181,  H,  J.     RECONSTRUCTION,    1820-1822  903 

manager  of  St.   Tito-mas' s  plantation,  in  succession   to   Ms  brother,  Father 
diaries  Neale,  now  resigning  the  management. 

Signed:  ANTHONY  KOHLMANN.     CHARLES    NEALE.     FRANCIS    NEALE. 
LEONARD  EDELEN. 

H.  1821,  January  18. 

Corporation,  18  Jan.,  1821,  St.  Thomas's  Manor. 

Only  one  resolution,  that  the  new  Washington  house  should  be  maintained 
from  the  general  fund. 

Signed :  ANTHONY  KOHLMANN.    C.  NEALE.    FRANCIS  NEALE.    LEONARD 
EDELEN. 

The  foregoing  resolution  about  the  maintenance  of  the  new  Washington 
Seminary  had  some  relation  to  the  attitude  assumed  by  Mgr. 
Marechal  towards  this  Jesuit  establishment  in  the  capital?®  At 
the  same  time,  an  issue  was  opened  with  regard  to  the  Jesuit 
property  at  Deer  Creek,  Harford  County.  The  documents  have 
been  partly  sketched  already,  in  the  general  analysis  of  the 
question?®  But  the  chief  certificates,  presented  by  Mgr.  Marechal 
in  advancing  his  claim,  have  not  been  adduced.  They  are  given 
here  as  they  stand  in  his  letter. 

J.  1821,  March  1. 

Marechal,  Baltimore,  1  Mar.,  1821,  to  Francis  Neale,  St.  Tliomas's 
Manor. 

On  the  Eutaw  Street  property,  Baltimore.     See  No.  184,  M. 

I  come  now  to  the  business  of  Harford,  and  may  it  be  settled  so  as  to 
put  an  end  to  the  scandalous  discourses  to  which  it  give[s]  occasion  ! 

i.  Certainly  the  Corporation  cannot  reasonably  require,  that  it  be 
proved  by  an  instrument  of  writing 31  that  the  donor  left  his  property  for 
the  benefit  of  the  series  of  Priests 32  attending  the  congregation  of  Harford ; 
since  the  existence  of  such  an  instrument  would  have  exposed  his  donation 
to  be  defeated,  according  to  the  iniquitous  laws  existing  in  1764. 

ii.  But  there  do  exist  numerous  proofs  that  such  was  his  intention. 
I  will  content  myself  to  cite  a  few  of  them. 

1.  Mr.  Pat.  Bennet,  one  of  the  most  respectable  men  in  our  city, 
certifies  that  he  attended  the  church  in  Harford,  about  55  years  ago. 
He  had  many  conversations  then  with  Rd.  Ben.  Neale  [S.J.]  33  and  the 
principal  Catholics  living  on  Deer  Creek.  Now  he  declares  as  a  notorious 

29  Nos.  119,  [j/.] ;  191. 

30  Nos.  88,  89. 

31  C/.  No.  135,  A,  note  45. 

32  Series  of  Priests :  this  idea  is  foreign  to  the  state  of  the  question.     See  infra, 
note  34. 

33  Uncle  of  Father  Francis  Neale. 


904  No.  181,  J.     RECONSTRUCTION,    1820-1822  [V 

fact  known  to  all,  that  Th.  Shea  left  his  property  in  order  that  they 
might  have  a  permanent  clergyman  in  that  part  of  the  country,  instead 
of  being  occasionally  visited  by  one  coming  from  Bohemia.  He  looks 
upon  as  openly  false  the  assertion  that  he  left  his  property  to  your  uncle, 
with  a  power  to  do  with  it  what  he  pleased.34 

2.  Messrs.  Thomas  Jinkens,  Win.  Jinkens  and  Edward  Jinkens,  in  a 
certificate  signed  by  them  all,  declare  that  they  have  repeatedly  heard 
their  respectable    mother,  who   was  many  years  acquainted    with   Rev. 
M[r].  Neale  and   Th.   Shea,  affirm  the  truth  of  the  fact;  viz.  that  the 
plantation  was  given  for  the  support  of  the  Priest  of  Harford,  not  person- 
ally to  your  uncle. 

3.  Mr.  Thomas  Hillen  [Millen  ?]  has  signed  the  same  declaration.     He 
moreover  conversed  a  few  weeks  ago  with  a  very  old  lady  who  was  raised 
about  Deer  Creek.     Her  name  is  Mrs.  Floyd.     Her  testimony  agree[s] 
with  those  above  cited. 

4.  I  have  a  certificate  signed  in   Harford,   testifying  that   Ignatius 
Wheeler,    Mr.   Ruisdau    and    other  Catholicks   who  were  intimate  with 
Th.  -    —  [Shea],  many  times  and  publickly  said  they  beared  said  Th.  Shea 
declare  that  his  intention  w[as]  to  contribute  to  the  perpetual  support 
of  the  Priest  residing  in  Harford. 

I  might  bring  you  many  collateral  proofs  of  the  same  fact. 
But  I  hope  that  the  Corporation  will  reflect  seriously  upon  the  subject 
and  stop  the  mouths  of  those  who  loudly  accuse  it  of  a  notorious  and 

34  With  a  power  to  do  with  it  what  he  pleased.  This  formula  has  no  meaning  in 
the  subject-matter  of  property  left  to  a  religious,  and  thereby  vested  in  the  Order  of 
which  he  is  a  member.  The  same  remark  applies  to  the  term,  personally,  in  the  next 
paragraph  (2).  Passing  over  the  invidiousness  of  the  insinuation,  and  the  omission  to 
recognize  the  Society  as  a  proprietor,  it  is  to  be  noted  that  the  whole  question  has  been 
misstated,  as  appears  in  these  phrases  about  a  deceased  uncle,  and  above  in  the  term, 
a  series  of  Priests  attending  the  congregation  of  Harford.  The  idea  is  conveyed  that 
there  existed  in  Maryland  a  clergy  undefined,  whom  the  donor  had  in  view  on  consign- 
ing his  property  to  a  certain  uncle  in  1764.  There  was  no  such  undefined  clergy  in  the 
country,  when  none  but  the  Jesuits,  the  uncle  included,  were  serving ;  and  there  was  no 
bishop  to  appoint  priests  or  a  series  of  them,  but  only  the  Society  operating  through  its 
members.  The  same  supposititious  idea  of  a  clergy  existing  from  the  first,  and  in  a 
condition  to  take  over  lands  entrusted  to  some  chance  Jesuit  missionaries  for  them,  or 
to  be  recognized  by  the  ex- Jesuit  Corporation  from  the  moment  of  its  inception,  appears 
under  various  shapes  in  Marcchal's  communications  to  the  Propaganda  (Section  III.), 
no  word  being  dropped  of  the  recent  date  (1785-1787)  at  which  the  first  beginnings  were 
witnessed  of  these  new  accessions  to  the  old  ex- Jesuit  clergy  (cf.  Nos.  152,  B,  [//.],  4'r; 
156,  B-J;  172,  173).  Cf.  No.  115,  §§  10,  11,  Ecclesia  Americana,  Ecclesia  Mary- 
landiensis,  which,  distinct  from  the  Jesuit  missionaries,  would  seem  to  have  existed 
since  Lord  Baltimore's  time,  nearly  two  hundred  years  before ;  No.  119,  [///.],  p.  449, 
"  the  rest  of  the  clergy,"  which,  in  1792,  was  not  meant  to  be  excluded  from  the  benefits 
of  the  Corporation's  charter;  No.  126,  B,  (10),  the  extension  of  the  Catholic  religion 
through  the  United  States  "altogether"  by  means  of  " secular  priests,"  whereas  the 
Jesuits,  having  exercised  the  sacred  ministry  only  within  "  the  small  part  of  land  which 
lies  between  the  river  Potomac  and  Patuxent,"  had  at  most,  about  the  middle  of  the 
eighteenth  century,  only  "six  or  eight  priests  in  the  other  parts  of  Maryland,  as  many 
in  Pennsylvania  " — which  implies  that  the  rest  of  the  clergy  was,  no  doubt,  considerable, 
whereas  in  point  of  fact  there  was  none.  Cf.  No.  200,  E,  ad  note  10.  On  the  historical 
facts'  of  the  case,  cf.  Nos.  141,  D,  p.  604,  ad  calccm,  Challoner  ;  184,  C,  [//.],  [///.],  B. 
Fenwick.  On  Marechal's  method,  cf.  No.  18,  p.  180 :  tacitis  interim  laboribus,  etc. 


§  15]  No.  182.     EXPROPRIATION  ANNOUNCED,    1822  905 

scandalous  injustice.  Justifcia  elevat  gentera ;  and  I  am  sure  you  would 
look  upon  as  a  great  misfortune  to  enrich  the  Society  by  the  breach  of 
a  religious  trust.35 

I  remain  respectfully, 

Rev.  and  Dear  Sir, 
Y&&& 

+  AMB.  A.B. 

These  specimens  of  certificates,  selected  ~by  Marcchal,  were  corroborated  by 
a  series  of  the  same  kind,  but  less  cogent.  Several  have  been  quoted 
above,  the  letter  of  Mr.  A.  J.  Greme  being  produced  about  a  month 
after  the  rest  of  the  packet ;  and  their  quality  was  analyzed  by 
Adam  Marshall,36  in  a  paper  submitted  by  the  Trustees  to  Mcjr. 
Marechal?1 

Md.-N.Y.  Province  Archives  (1S20,  Apr.),  Peter  Kenncy,  Ordination  on  the 
Management  of  Temporalities  ;  8  pp.  fol.,  autograph,  without  date  or  signature ; 
pp.  4,  7,  8.  Ibid.  (1820,  Apr.),  Kenney,  Statement  to  the  Consultors  of  the 
Mission;  12pp.  fol.,  autograph,  without  date  or  signature;  p.  8.  Ibid.  (1820), 
Kenney,  Neiv  York,  to  A.  Marshall,  Georgetown ;  4pp.  4to.  Ibid.,  90  W.  3,  Aug.  7, 
Edelen  (20  Apr.,  1820),  to  Marechal.  Ibid.,  T.,  Marechal,  Baltimore,  1  Mar., 
1821,  to  F.  Neale,  St.  Thomas's  Manor ;  3  pp.  4to.  Ibid.,  Proceedings  of  the 
Corporation,  20  Apr.,  1820 ;  22  Aug.,  1820 ;  18  Jan.,  1821. — Georgetown  College 
MSS.  and  Transcripts,  Shea's  abstracts,  1818-1841 ;  abstract  of  the  following. 
Ibid.,  Marechal  Controversy,  1820,  Apr.  30,  Marechal,  Baltimore,  to  Edelen, 
Secretary  of  the  Corporation  of  Maryl"? ;  original,  3  pp.  4to. — General  Archives 
S.J.,  Maryl.  Epist.,  2,  ii.,  Kenney's  Ordinance  on  Temporalities,  in  Latin ; 
9  pp.  fol.,  a  copy. 

No.  182.  1822,  November  22— December  23. 

Expropriation  announced :  the  order  to  convey.  On  the  27th  of 
November,  18C2C2,  a  letter  was  indited  from  Baltimore,  addressed 
to  Charles  Neale,  Superior  of  the  Jesuit  Mission  in  North 
America.  It  was  written  by  Dr.  Marcchal,  who  had  just  re- 
turned from,  Rome  ;  and  it  announced  that  his  claims  against  the 
Maryland  Jesuits  had  been  considered  in  Rome;  the  case  had 
been  opened  and  closed ;  and  the  result  was  formulated  in  the 
order  or  Brief,1  an  authentic  copy  of  which  was  enclosed  in  the 
letter.  In  a  second  communication,  dated  IJfih  of  December,  ISM, 

35  On  a  prohibition  to  assume  a  religious  trust  for  the  benefit  of  other  parties,  cf. 
No.  135,  O,  P,  the  case  of  Upper  Maryborough;  and  No.  55,  the  declaration  of  the 
General  S.J.,  Father  Piccolomini,  1651.  On  the  character  and  operation  of  a  general 
trust  for  the  benefit  of  religion,  lohich  is  inherent  in  a  religious  institute,  cf.  No.  61,  A, 
the  Bull  of  Paul  III.,  18  Oct.,  1549,  Licet  debitum,  for  the  Society  of  Jesus.  On  the 
safety  of  this  policy,  cf.  No.  119,  [//.],  p.  448,  Marechal's  Notes  for  the  Propaganda. 
For  Carroll's  views  on  this  precise  subject  of  fiduciary  limitations  in  Jesuit  titles,  cf. 
Nos.  116,  D,  note  27  ;  118,  note  30. 

30  Original  draft  in  Marshall's  hand:  Md.-N.Y.  Province  Archives,  T;  3  ff.  and 
3  lines  fol.  See  No.  89,  p.  308. 

37  Cf.  Nos.  84,  C,  D ;  89,  D-P.     Cf.  No.  117,  F. 

1  Nos.  121,  F  ;  205. 

VOL.   I.  3   N 


906  No.  183,  A.     REBUTTAL    OF  THE    CLAIM,    1822  [V 

Marechal  commanded  instant  obedience  to  the  provisions  of  the 
Brief,  allowing  one  month,  from  the  date  of  his  former  letter,  for 
the  vacating  of  White  Marsh  by  the,  Jesuits,  and  the  entrance 
into  possession  by  himself. 

Some  information  on  the  subject  had  reached  the  Fathers  from  the 
General ;  but,  as  Charles  Neale  and  Benedict  Fenwick  informed 
him  in  a  letter,  dated  several  days  before  Mareclial's  communica- 
tion of  the  Brief,  they  seem  to  have  known  little  of  the  procedure 
in  Eomc,  and  nothing  of  the  result. 

A.  1822,  December  22. 

The  G.  Neale-B.  Fenwick  Memorial,  22  Nov.,  1822,  to  the  General. 

.  .  .  The  late  letters  of  your  Paternity  to  this  country  gave  us  the 
first  intimations  of  his  [Marechal's^\  designs  against  us  ;  but  they  did  not 
inform  us  how,  or  in  what  manner,  he  intended  to  proceed.  See  No.  184,  C. 

The  official  correspondence,  between  Marechal  and  C.  Neale  (27  Nov.- 
23  Dec.,  1822)  has  been  given  above,  Nos.  123-126. 

No.  183.  1822,  December— 1823. 

Eebuttal  by  the  Corporation :  minutes  and  earliest  measures, 
1822,  1823.  After  the  communication  of  the  Brief  by  Myr. 
Marechal  on  the  %7  Nov.,  1822,  the  month  of  grace  expired. 
When  the  duties  of  the  Christmas  season  had  been  discharged,  the 
Board  met,  9  Jan.,  1823,  and  entered  a  solemn  protest  against 
the  execution  of  the  Brief. 

Meamvhile,  for  the  Jirst  time  in  the  controversy,  documents  on  the  issue 
began  to  be  despatched  from  Maryland  to  Home.  These  show  the 
mind  of  the  Fathers,  the  principles  which  they  adopted,  and  the 
plan  of  defence  resulting.  The  American  public  began  to  appear, 
as  contemplated  in  the  development  of  events  ;  for  the  Brief,  it  is 
stated,  had  already  been  divulged  in  Baltimore.  Mgr.  Marechal 
endeavoured  to  avert  the  final  shock  by  engaging  the  influence  of 
Father  Francis  Dzierozynski  on  his  behalf. 

A.  1822,  December  5-8. 

Father  Anthony  Kohlmann,  Washington,  5-8  Dec.,  1822,  to  the  General. 
Abstract  from  the  Latin. 

The  nature  and  state  of  the  Corporation.  Relation  of  the  same  to  the 
Society  of  Jesus.  None  of  its  property  actually  belongs  to  the  Society. 

"  Tlie  decree  of  the  Sacred  Congregation,  which  I  hear  has  already  been 


§  is]  No.  183,  B,  C.     REBUTTAL   OF  THE   CLAIM,    1822  907 

divulged  in  Baltimore,1  at  least  in  substance,  was  transmitted  to  the  College 
[Georgetown]  on  the  20th  of  November,  1822.  The  day  following,  it  was 
taken  to  the  Rev.  Father  Superior  [Port  Tobacco]  by  Rev.  Father  Dziero- 
zynski.  On  receiving  the  letters  of  your  Paternity  upon  the  subject?  the 
administrators  of  the  Corporation  come  together,  and  unanimously  resolved  to 
appeal  against  the  said  decree  to  the  same  Sacred  Congregation,  which  should 
now  be  put  in  possession  of  better  information  ; 3  and  to  lay  before  the  same 
Congregation  those  very  grave  reasons  ivhich  induced  them  not  to  put  the  decree 
in  execution."  A  lengthy  argument  folloios,  before  Kohlmann  has  seen  the 
text  of  the  Brief  itself. 

Adding  several  postscripts,4  since  he  has  now  seen  the  text  of  the  Brief, 
Kohlmann  argues:  N.B.  I.  There  is  a  false  supposition  in  the  decree  of 
the  Sacred  Congregation  :  Decreverunt  stabiliter  constituendam  esse  archi- 
episcopalern  mensaru  super  bonis  stabilibus,  quae  fel.  rec.  Pius  PP.  VI. 
decessor  noster  anno  1789  episcopo  Baltirnorensi  administranda  tradiderat. 
Bishop  Carroll's  own  Declaration  states  distinctly  that  this  property  was  not 
comprised  in  such  as  Pius  VI.  had  committed  to  his  administration.5  "Arch- 
bishop Carroll  acknowledged  therefore  that  the  property  of  the  Corporation  is 
not  ecclesiastical :  "  Agnovit  ergo  Arch"?  Carroll,  Corporations  bona  non 
esse  ecclesiastica,  nee  ex  genere  illorum  bonorurn,  quorum  administratio  a 
Sede  Apostolica  sibi  commissa  fuerat. 

B.  1822,  December  6. 

Kohlmann,  Washington,  6  Dec.,  1822,  to  the  General.     In  Latin. 

A  treatise  of  24  pages  4to,  upon  the  issue  ;  referred  to  by  him  at  the 
beginning  of  the  next  letter,  C.  Pp.  23,  24,  he  gives  a  copy  of  Carroll's 
Declaration,  in  English  and  in  Latin. 

C.  1822,  December  20. 

Kohlmann,  Washington,  20  Dec.,  1822,  to  the  General.  Abstract  from 
the  Latin. 

He  announces  that,  on  the  IStlt  of  December,  the  ship  Munroe,  skipper 
Handling,  set  out  from  New  York  for  Bordeaux,  talcing  the  document  of 
B.  Fenwick,6  and  one  copy  of  the  treatise  which  he  himself  had  composed 
(supra,  B). 

1  Cf.  No.  132,  note  3. 

•  Acceptis  B..V.  Paternitatis  litteris  in  hanc  rem.     Cf.  No.  122,  A,  B. 

3  Jain  melius  informal! darn. 

4  He  begins :    "  To-day,  the  7th  of  December,  one  of  our  Fathers,   F.    William 
Bescheter,  testifies  openly  that  our  archbishop  has  an  annual  income  of  1800  dollars, 
scuda  Hispanica,  assigned  him  for  his  support ;  and  this,  the  same  Father  says,  he 
has  from  the  mouth  of  the  archbishop  himself,  who  moreover  mentioned  the  particular 
sources  whence  this  amount  of  money  comes.     From  his  cathedral  he  receives  800 
dollars,  and  from  the  property,  ex  fundo,  left  him  by  Archbishop  Carroll,  500 ;  whence 
the  other  500  come,  the  said  Father  does  not  now  remember." 

3  No.  160,  C,  Carroll's  Declaration. 
8  No.  182,  A. 


908  No.  183,  D.     REBUTTAL    OF   THE    CLAIM,    1822  [V 

"  Immediately  on  the  archbishop's  return,  the  decree  of  tlie  Sacred  Con- 
gregation was  made  known  in  Baltimore,  and  that  not  by  our  Fathers ' — a 
point  I  should  loish  to  have  specially  noted.  Hence  if,  as  is  feared,  it  really 
happen  that  the  publicity  given  to  the  decree  do  no  small  harm  to  the  respect 
in  which  the  Holy  See  ought  to  be  held,  let  that  be  put  to  the  account  of  those 
ivho  made  it  public,  even  before  it  was  known  whether  the  decree  would  be 
accepted,  or  whether  an  appeal  would  be  made  against  it.  We,  for  our  part, 
had  made  up  our  minds  not  to  make  it  known  in  any  case,  and  so  to  obviate 
the  evil  consequences  which  might  ensue.  As  far  as  the  knoivletlge  of  it  has 
spread,  it  excites,  as  I  had  foreseen,  no  little  indignation ;  what  then  would 
happen  if  (lohich  God  forbid  /)  it  should  ever  acquire  the  notoriety  of  a  case 
at  laic  ?  "  Some  think  that  in  no  possible  case  can  the  Corporation  execute  the 
decree.  Since  it  is  certain  that  the  property  is  civil,  the  Trustees  would  be 
unfaithful  to  their  trust,  and  would  be  acknowledging  the  authority  of  a 
foreign  power  by  ceding  the  estate.  "  That  part  of  the  decree  which  ordains 
that  the  church  be  taken  as  a  centre,  and  2000  acres  be  cut  out  all  round, 
passes  all  belief,"  leaving  "  little  bits  of  land 8  chipped  ojf  at  various  points  of 
the  circumference — utterly  useless,  that  can  neither  be  sold,  nor  let,  nor  tilled  !  " 

D.  1822,  December  28. 

Father  Francis  Dzierozynski,  Georgetown,  28  Dec.,  1822,  to  the  General. 
Abstract  from  the  Latin;  with  text  of  Marechal's  letter  to  Dzierozynski 
(infra,  E). 

On  Marechal's  Brief,  and  the  execution  ordered.  The  dilemma  of  the 
Jesuits,  whether  they  obeyed  the  decree  or  did  not  obey  ;  instant  execution 
enjoined,  and  ecclesiastical  censures  in  prospect,  if  the  injunction  was  dis- 
regarded. "  What  would  the  world  not  say  of  such  a  decree  and  such  a 
manner  of  execution,  so  prejudicial  to  laws  and  property  of  a  purely  civil 
nature  !  For  this  property  of  ours,  which  is  under  the  name  of  the  Clergy  of 
Maryland,  is  not  ecclesiastical,  as,  for  example,  in  Catholic  countries,  but  is 
merely  civil,  an  hereditament,  of  the  same  kind  as  the  private  goods  of  other 
citizens,  which  pass  from  hand  to  hand  by  will,  just  as  in  England  "  :  Bona 
eiiiru  haec  nostra,  quae  dicuntur  Cleri  Marylandiae,  non  sunt  ecclesiastica, 
ut  e.g.  in  regionibus  Catholicis,  sed  sunt  mere  civilia,  haereditaria,  et  sicut 
caeterorum  civium  bona  privata,  quae  de  manu  ad  manum  testamento 
transrnittuntur  eo  modo  ac  fit  in  Anglia.  A  parallel  case  from  Hussia, 
where  the  Jesuit  property  was  certainly  not  civil,  though  under  Government 
protection :  Imo  hoc  quoque  notari  possit,  quod  in  Russia  boua  Jesuitarum 
certe  non  f uerunt,  uti  hie,  bona  civilia ;  sed  Regimen  civile  tantum  ea  sub 
sua  protectione  habere  voluit,  et  nomine  tenus  Kazionne  securitatis  gratia 
vocabat ; "  and  yet  the  Jesuits  could  not  have  handed  over  such  property  to 
an  extern. 

"  Cf.  No.  132,  ad  note  3. 

8  Frustula  terrae. 

9  That  is  to  say,  the  Jesuit  property  in  Russia,  being  ecclesiastical,  was  taken  by 
the   Government   under  its  protection,    and,   as    such,   was  called  "  governmental," 


§  15]  No.  183,  E.     REBUTTAL    OF  THE    CLAIM,    1822  909 

"  What  may  be  in  store  for  suclt  as  thus  offer  resistance  to  his  Excdlcm-y 

—wlto  would  wish  to  enter  as  qtiicJcly  as  possible  into  the  possession  of  White 

Marsh — J  am  not  able  to  state  for  certain.      We  fear  terrible  things,  as  your 

Paternity  may  gather  for  yourself  from  the  letter  of  his  Excellency  to  me,  here 

enclosed."     Dzierozynski  encloses  Marechal's  autograph  letter,  as  follows  :— 

E.  1822,  December  17. 

+  Bait6  17  Decemb™,  1822. 
MON  REV?  PERE, 

Lorsque  j'etois  a  Rome,  votre  General  le  P.  Fortis  m'a  parle  de 
vous  comme  d'un  sujet  sur  la  sagesse  &  la  prudence  du  quel  il  formoit 
de  grandes  esperances  pour  le  gouvernement  de  la  Societe  dans  les  Etats 
Unis.  II  m'a  meme  dit,  si  je  ne  me  trompe,  qu'il  vous  avoit  associe  aux 
travaux  &  au  conseil  du  Rev!1  Sup!"  le  P.  Charles  Neale. 

Vous  etes  sans  doute  instruit,  Mon  Rev!1  Pere,  du  malheureux  different 
qui  existe  entre  moi  &  vos  Freres  du  Maryland.  Le  S.  Pontife  1'a  enfin 
termine  par  un  Bref  dont  j'ai  envoye  une  copie  au  Rev'1  P.  Ch.  Neale.  II 
vient  de  me  repondre.  Comme  ses  evasions  equivalent  reelement  a  une 
resistance  formelle  au  rescript  de  S.S.,  je  pourois  proceder,  sans  crainte 
d'injustice  ou  d'erreur,  en  consequence.  Mais  les  suites  peuvent  en  etre 
si  etendues,  et  si  facheuses  pour  la  Societe,10  que  j'ai  cru  que  la  charite 
demandoit  de  moi  de  lui  faire  quelques  observations.  Voici  ce  que  je  lui 
ecris. 

Bait?,  14.  Xlm>,  1822. 
MON  REV°  PERE, 

Je  pourois  certainement  prendre  sans  crainte  d'injustice  .   .   . 

•  •••*•• 

du  moms  a  sa  prosperite.(n) 

Je  suis  avec  respect 

Votre  humb.  &  ob'  serv!', 

+  AMB.  A.  B. 
See  No.  125,  A. 

Telle  est  la  lettre  que  je  viens  d'ecrire  au  Rev?  P.  Ch.  Neale.  Comme 
il  pouroit  arriver,  soit  a  cause  de  ses  infirmites,  soit  a  cause  des  distances, 
qu'il  ne  put  vous  la  communiquer,  j'ai  cru  devoir  vous  en  envoyer  une 
copie.  Vous  pouvez  meme,  selon  que  vous  le  jugerez  a  propos,  en  faire 
part  a  ceux  de  vos  \Freres\  dans  les  quels  vous  avez  le  plus  do  confiance. 

(a)  In  No.  125,  A,  p.  497,  taken  from  a  copy,  the  reading  was  faulty ;  posterite.     Similarly,  ibid., 
line  0 :  celle  de  Trustees  is  here  celle  des  Trustees. 

"fiscal,"  Kazionne.  But  this  was  only  a  denomination  unto  the  effect  of  protection, 
not  as  implying  a  right  of  ownership.  For  similar  effects  of  the  British  Statutes  of 
Mortmain,  cf.  History,  I.  Appendix  C,  §  75  (4),  p.  599,  Statute  of  Westminster, 
A.D.  1285. 

10  Cf.  No.  12G,  C,  1°,  Marcchal,  27  Dec.,  1822,  to  Card.  Consalvi,  where  he  notes  the 
evil  consequences  affecting  his  own  diocese. 


910  No.  183,  F,  G.     REBUTTAL    OF  THE   CLAIM,    1822  [V 

Car  cette  affaire  est  tres  grave,  &  je  crains  beaucoup  que  plusieurs 
membre[s]  de  la  Societe  ici  ne  sentent  pas  1'extreme  importance  de  ses 
suites.  Voulez  vous,  M.R.P.,  m'aviser  la  reception  de  la  presente,  &  me 
croire  en  toute  sincerite, 

Votre  tres  humb.  serv1. 

+  AMB.  Arch.  Bait. 

Addressed :  Au  Rev?  P.  Dzerozinsky,  College  of  Georgetown.  Fav'1 
by  Rev'.1  Mr.  Marshal. 

Endorsed  in  Home:  Ricevute  li  24  Marzo,  1823. 

P.  1822,  December  28. 

Dzierozynski  continues,  in  Ms  letter  to  the  General,  expressing  Ms  surprise 
that  such  a  step  should  have  been  taken  with  regard  to  himself,  a  person 
unknown  and  bearing  no  official  character.  He  returned  an  "officious" 
answer,  which  would  not  serve  for  any  other  use  except  that  of  an  acknow- 
ledgment :  Respondi  breviter  Excellentissimo  et  quantum  potui  officiose, 
sed  ita  tamen  ut  meo  responso  nullibi  uti  possit.  "  Our  Rev.  Superior,  who, 
though  very  weak  in  body  (every  day  he  says  Mass  receiving  by  way  of 
Viaticum),  is  yet  strong  in  soul  and  intrepid,  has  answered  [his  Excellency] 
splendidly,11  point  by  point.  The  Protest  he  has  formulated  will  perhaps 
insinuate  threats.1'2  Meanwhile,  we  have  only  to  pray  and  cry  out:  'Lord, 
save  us,  we  perish  ! ' :  They  try  to  keep  the  matter  quiet.  The  prelate  has 
few  supporters.™ 

"  TJiis  is  not  the  only  trouble  which  his  Excellency  is  giving  us."  Here 
Dzierozynski  recounts  the  latest  case  of  friction  on  the  subject  of  jurisdiction.™ 

"  For  the  rest,  Dear  Father,  ice  are  all  in  very  good  humour,  and  are 
very  well : "  Sumus  de  reliquo,  optime  Pater  noster,  satis  laeti  et  bene 
valentes  omnes. 

General  Archives  S.J.,  6,  ii.,  Kohlmann,  Washington,  5-S  Dec.,  1822,  to  the 
General;  6  pp.  4to,  profusely  underscored  and  otherwise  emplutsized.  Ibid., 
same  to  same,  6  Dec.,  1822,  a  treatise  on  the  issite,  Duplicata;  24  pp.  4to. 
Ibid.,  Marechal,  Baltimore,  17  Dec.,  1822,  to  Dzierozynski,  with  a  copy  of  his 
letter,  14  Dec.,  1822,  addressed  to  C.  Neale  (No.  125,  A) ;  3  pp.  folio ;  accents, 
etc.,  left  as  in  the  original.  Ibid.,  Kohlmann,  Washington,  20  Dec.,  1822,  to 
the  General;  3  pp.  4to.  Ibid.,  Dzierozynski,  Georgetown,  28  Dec.,  1822,  to 
the  General ;  3  pp.  4to. 

Gr.  1823,  January  9. 

Proceedings  of  the  Corporation,  9  Jan.,  1823,  Mount  Carmel,near  Porto- 
bacco,  the  9th  Jan5',  1823,  due  notice  of  the  meeting  having  been  given. 

11  Egregie. 

12  Forte  minas  continebit. 

13  He  continues  :  111.  Episcopus  Luisianae,  DD.  Du  Bourg,  qui  ante  mensem 
venit  Georgiopolim,  et  immediate  ante  festa  Natalitia  Domini  in  nostro  Collegio  cum 
aedificatione   peregerit  [!  ]    Exercitia  S.  P.  N.  Ign.  per  octo  dies,  relate  ad  hanc 
causam  dixit :  "  Quantum,  inquit,  ad  me,  mallem  certe  utramque  palmitem  [palmam] 
mihi  prorsus  abscindi,  quam  ejusmodi  rem,  manens  in   persona  Excellentissimi, 
unquam  attentare." 

14  No.  135,  p.  566;  ibid.,  N,  p.  567;  on  McElroy's  faculties  for  Fredericktown. 


§  15]  No.  184.     REVIEWS  OF  THE  PERIOD,    1792-1822  911 

Present  the  Rev.  Charles  Neale,   the  Rev.  Francis  Neale,  the  Rev. 
Joseph  Carbery  and  the  Rev.  B.  Fenwick. 

1.  Endorsement  of  C.  Neale  s  Protest  against  the  execution  of  the  Brief. 

Signed:  CHARLES  NEALE.          FRANCIS  NEALE.         JOSEPH  CARBERY 
B.  FEVWICK. 

H.  1823,  January  9. 

TJie  Protest,  endorsed  by  the  foregoing  resolution  of  the  Corporation. 

Protest,  (fee. 

The  Most  Rev.  Archbishop  of  Baltimore  on  his  return  from  Rome 
having  brought  with  him  a  Brief,  issued  by  Pius  7th  in  his  favour,  where- 
by the  Superior  was  commanded  to  see  the  same  executed  :  he  immediately 
on  his  arrival  forwarded  that  Brief  to  the  Rev.  Charles  Neale,  Superior, 
with  a  letter  from  the  General  at  Rome  also  ordering  the  surrender,  etc. 
The  following  is  the  substance  of  the  Protest  entered  by  the  Rev.  Charles 
Neale  against  the  above  mentioned  Brief : 

"1st.  That  the  Brief  is  founded  on  a  gratis  supposition,"  etc.  See 
No.  126,  A,  Imo  .  .  .  10,  pp.  498-501. 

Md.-N.  Y.  Province  Archives,  Proceedings  of  the  Corporation,  9  Jan.,  1823. 

Tlie  Corporation  stood  at  bay  for  years  afterwards,  until,  remaining 
intact  as  to  its  legal  constitution,  it  resigned  all  current  adminis- 
tration into  the  hands  of  the  regular  Superior.  In  this  interval, 
a  new  phase  came  over  the  Marechal  claims,  ivhich  no  longer 
regarded  the  insolvent  Board  in  Maryland,  but  the  Roman 
College  and  the  General  of  the  Jesuits  in  Rome.10  Charles  Neale 
died  37  Apr.,  18^3,  a  little  more  than  two  months  after  formu- 
lating his  Protest.  Adam  Marshall  took  shi%>ping  towards  Italy  on 
board  the  United  States  warship,  " The  North  Carolina"  tcacldng 
mathematics  to  the  cadets  on  the  cruise ;  but  his  broken  health 
failed  him  and  he  died  in  the  Mediterranean.15  Benedict 
Fenwick  first  succeeded  Marshall  as  agent  of  the  Board,  and  then 
succeeded  John  Cheverus,  as  second  Bishop  of  Boston. 

No.  184.  1792-1822. 

Reviews  of  the  period  by  Marechal  and  the  Corporation  :  views  of 
the  former  on  the  use  of  Church  property.  The  first  report 
submitted  by  the  third  Archbishop  of  Baltimore  to  the  Propaganda 
(1818)  contains  an  estimate  of  Maryland  Jesuits  and  their  affairs, 
before  he  had  as  yet  come  to  an  open  rupture  witli  the  Fathers. 

15  Cf.  No.  130,  p.  510  seq. ;  No.  208. 

10  Cf.  Nos.  133,  A,  note  3,  p.  527 ;  135,  A,  Prop.  18,  p.  555. 


912  No.  184,  A.     REVIEWS  OF  THE  PERIOD,    1792-1822  [V 

A  Memorial  drawn  up  by  B.  Fenwick  in  the  name  of  the  Superior 
C.  Neale,  for  the  information  of  the  General  (22  Nov.,  182%), 
contains  a  review  of  the  active  part  taken  by  the  Jesuits  in 
establishing  and  maintaining  the  Catholic  religion  at  their  own 
cost.  To  these  we  join  some  views  of  Marcchal  on  the  degree  of 
acquaintance  exhibited  ly  the  Propaganda  with  American  affairs  ; 
as  well  as  on  the  use  of  Church  property,  which  latter  he  con- 
sidered to  be  partly  in  trust,  or  ecclesiastical,  and  partly,  it  would 
seem,  to  be  entirely  at  the  disposal  of  the  actual  holder  for  the 
time  being. 

A.  1818  (October  16). 

MarecJial  (16  Oct,^),  1818,  to  Card.  Litta  ;  his  first  report  of  the 
archdiocese  to  the  Propaganda.1  Extracts  on  the  Jesuits  in  Maryland,  and 
on  their  property,  all  of  which,  from  the  time  before  the  Suppression,  lias 
now  returned  into  the  possession  of  the  Society.  Necessity  of  reinforcing 
the  Jesuit  Mission  in  Maryland.  Tlie  services  of  European  priests  still 
required  in  America.  Defence  of  them  against  Gallagher  and  others,  whom 
the  Sacred  Congregation  has  listened  to  with  undue  facility.  Wealth,  of  the 
Society.  Poverty  of  the  arclibisJwp,  who  lias  a  right  to  an  annual  pension  of 
1000  dollars,  tliough  it  is  doubtful  whether  lie  shall  ever  receive  it. 

[F.  3] (b).  Praeter  haec  duo  seminaria  [Baltimore  and  Emmitsburg], 
quorum  finis  praecipuus  est  educatio  saecularium  clericorum,  existit 
Georgiopoli,  prope  capitalem  civitatem  Washingtonis,  magnificum  col- 
legium, quod  a  patribus  S.J.  dirigitur.  Duobus  constat  praecipuis  aedi- 
ficiis.  Prius  occupatur  a  pueris  saecularibus,  qui  humaniorum  litterarum 
studio  incumbunt ; (c)  posterius  continet  novitios  et  scholasticos  Societatis, 
qui  sunt  numero  triginta  tres.  Dolendum  est  rnaxime  quod  illae  domus 
aere  alieno  premantur.  Verum,  cum  Societas  nuper  recuperaverit  omnia 
praedia,  caeterasque  proprietates,  quae  ante  destructionem  Societatis  a 
Jesuitis  possidebantur,  iiullum  est  dubium  quin  brevi  ditissima  erit. 
Mirantur  omnes  quomodo  fieri  possit,  quod  Superiores  Romae  degentes 
non  Georgiopolim  mittant  sex  vel  octo  religiosos  viros,  scientia  et  pietate 
insignes,  ad  fovendam  in  nostris  regionibus  nascentem  hancinstitutionem. 
Nulla  etenini  'pars  est  orbis  catholici  in  qua  Societas  Jesu  securius  existere, 
latius  propagare[z  ?]  et  uberius  fructus  producere  posset. 

[Ff.  6,  7]  The  fruitful  and  necessary  work  of  European  priests  hereto- 
fore in  the  United  States.  Marechal's  endeavours  to  procure  a  native  clergy. 
At,  quantacumque  sit  aut  esse  possit  prosperitas  seminariorum  Balti- 
morensis  et  Emmitsburgensis,  quantusque  sit  numerus  novitiorum 

(a)  Cf.  No.  200,  D,  Marechal,  7  June,  1821,  to  Gradwell. 

(b)  These  folio  numbers  refer  to  the  Propaganda  copy  in  the  Georgetown  College  archive* 

(c)  Here  and  elsewhere  appears  a  series  c  foots  in  t/te  copy,  which  agrees  with  Warechal's  sti/le  of  nsino 
dots  Jor  ilashcs  or  emphasis.     Of.  No.  115,  note  (b),  p.  399. 

1  Cf.  Nos.  60,  A  ;  135,  C ;  190,  B. 


§  ij]  No.  184,  A.     REVIEWS  OF  THE  PERIOD,    1792-1822  913 

Societatis  Jesu,  quae  Georgiopoli  norescit,  mmquam  taruen  sperare 
possum  quod  mihi  suppeditent  sufficientem  missionariorum  multitudinem, 
qui  necessarii  sunt  in  nascent!  imperio  ut  fidem  conservent  et  exten- 
dant.  Thanks  to  God  for  inspiring  many  European  priests  to  transfer 
their  labours  to  America.  Native  Americans  -most  acceptable  to  their  country- 
men, though  generally  deficient  in  studies ;  next,  Englishmen  ;  but  still  the 
need  of  foreigners.  Eulogy  of  the  Belgian,  French,  and  German  priests. 
Their  defects  in  speaking  English  :  attamen  verbum  Dei  annuntiant  modo 
qui  non  displicet  Americanis,  quidquid  calumniatus  fuerit  in  eos 
D.  Gallagher  et  iinpia  ejus  factio  ;  atque  maxime  dolendum  est,  quod 
S?  Cong?  facile  nimis  aures  praebuerit  korurn  inimicorum  Ecclesiae 
Christi  dicteriis.  Si  enim  aliqua  pietas,  amor  religionis,  ac  praesertim 
veneratio  erga  S"-'  Sedem,  in  Baltimorensi  dioecesi  existant,  illorum 
missionariorum  exemplis  et  indefessis  laboribus  praecipue  illud  est 
referendum.  Eos  diligunt  ac  venerantur  Arnericani.  Eulogy  of  the  Irish 
priests  in  general. 

[F.  #.]  Si  excipias  sacerdotes  Societatis  Jesu,  qui  preedia  pinguissima 
plerique2  possident,  omnes  reliqui  missionarii  nullum  alium  redditum 
habent  praeter  pias  voluntariasque  fidelium  oblationes,  et  pretium  quod 
singulis  annis  unusquisque  fidelis  solvit  pro  sedili,  quod  in  ecclesia  occupat. 
Hinc  in  villis  pauperrime  vivunt ;  in  civitatibus  vero,  longe  melius  eorum 

2  Plerique  possident.  Here  Mareclial  speaks  of  regulars  as  if  they  h-cld  possessions 
in  their  own  name — an  implication  that  lie  regarded  Jesuits  in  Maryland  as  secular 
priests  gathered  together  in  a  Congregation.  On  the  other  hand,  it  is  clear  from 
Section  III.,  that  he  looked  iipon  the  Society  as  a  regular  Order  most  strictly  bound 
together ;  and  everything  thereto  pertaining,  even  the  property  dedicated  in  far-off 
countries  to  local  piirposcs,  as  subject  to  the  mere  nod  of  the  General  in  Rome.  This 
ambiguity  of  language  or  of  ideas,  appears  throughout  his  papers.  Cf.  Nos.  135,  A, 
Prop.  15,  2? ;  190,  A,  B. 

In  a  letter  to  Grassi  (21  Apr.,  1817),  advocating  the  journey  to  Rome,  he  answers 
one  objection  by  saying :  When  the  Archbishop  proposed  to  send  [!]  you  to  Rome,  I 
agreed  most  willingly  with  him ;  because  it  appeared  to  me  that  the  Society,  far 
from  suffering  from  your  temporary  absence,  would  reap  immense  advantages  by  it. 
But  I  supposed  that  you  would  travel  and  remain  in  Rome,  not  as  a  publick 
character,  sent  by  the  Archbishop  to  vindicate  his  cause  and  that  of  religion,  but  as 
a  private  gentleman  who  went  to  see  his  friends  and  family.  The  case  with  Dr. 
Gallagher  is  so  plain  that  it  stands  in  no  need  of  a  negotiator.  The  Gallagher  case. 
Now,  appearing  in  that  manner  in  Rome,  the  ennemies  of  the  Society  could  not  take 
any  occasion  of  slandering  it  from  your  journey;  and,  if  any  would  say  any  thing 
against  it,  it  would  fall  and  die  away  like  the  thousand  idle  stories  which  are  daily 
preferred  against  the  Jesuits.  And,  writing  to  the  General  himself,  Thaddeus 
Brzozowski  (20  Nov.,  1819),  in  order  that  Kenney  might  be  left  in  America  or  that 
other  Jesuits  might  be  sent,  he  uses  the  phrase  :  Lorsque  mon  Venerable  Predecesseur 
euvoya  le  P.  Grassi  a  Rome,  ce  n'etoit  pas  precisc'ment  pour  les  affaires  de  son 
diocese.  (General  Archives  S.J.,  Maryl.  Epist.,  1,  v.,  Marechal,  Baltimore,  21  Apr., 
1817,  to  Grassi,  Georgetown  ;  cf.  No.  178,  J3,  ad  note  139.  Ibid.,  Maryl.  Epist.,  2,  Hi., 
Marechal,  Baltimore,  20  Nov.,  1819,  to  Brzozowski.) 

What  state  of  mind  underlay  such  sentiments,  if  Marechal  really  thought  that  the 
Society  was  restored  at  all  in  America,  it  is  not  easy  to  define  :  a  Jesuit  sent  by  an 
Ordinary ;  a  regular  Superior  abandoning  his  post  without  permission  of  his 
General,  and  sauntering  about  the  world  as  a  private  gentleman,  who  went  to  see  his 
friends  and  family ;  and  withal  transacting  public  business  between  a  diocese  and 
Rome,  without  a  word  of  command  or  advice  from  his  Superiors.  Grassi  himself 
prcsitmed  permission  to  undertake  the  journey  ;  but  he  explained  thai  he  merely  used 
the  occasion  offered,  in  view  of  interests  which  concerned  the  Society  in  America. 


914  No.  184,  B.     REVIEWS  OF   THE   PERIOD,    1792-1822  [V 

sustentationi  providetur.^  Nigros  vestes  induunt,  talares  in  Missae 
sacrificio,  brevioribus,  modestis  tamen,  extra  ecclesiaru  utuntur ;  nee 
iniruin,  cum  inter  Protestantes  vivunt,  et  insuper  saepissime  equitare 
teneantur.  Omnes  Sacramenta  administrant,  singulisque  diebus  Dominicis 
praedicant  verbum  divinum  ;  in  locis,  ubi  juventutem  colligere  possunt, 
earn  assidue  catechizant. 

Quantum  ad  me  attinet,  pauperrimus  sum.  Hucusque,  vix  redditus 
mei  sufficiunt  ad  solvendas  expensas  epistolarum,  quae  ex  omni  parte  ad 
me  mittuntur  (frais  de  postes).  Jus  quidem  habeo  ad  percipiendos 
singulis  annis  mille  nummos  Mexicanos  ;  at,  propter  rationes,  quas  forsitan 
aliquando  Sacrae  Congregationi  exponam,4  dubium  est  utrum  mihi  unquam 
solventur.  Ne  secretarium  quidem  habeo,  et  quamvis  oppressus  admini- 
stratione  immensa  dioeceseos  multas  audio  confessiones,  caetera  Sacramenta 
administro,  atque  identidem  praedico  verbum  divinum.  Cum  duobus 
sacerdotibus,  qui  metropolitanae  ecclesiae  curam  pastoralem  habent,  in 
eadem  domo  vivo,  omnibus  hujus  saeculi  deliciis  feliciter  destitutus. 

[F.  7-3]  On  two  Jesuits  (Fathers  B.  Fenwlck  and  Wallace}  recently  sent 
to  Charleston,  S.C.  See  No.  190,  B. 

B.  1819,  December  31. 

Marechal,  Baltimore,  31  Dec.,  1819,  to  Grassi,  Borne. 

On  Kenney  and  Kohlmann.  Mr.  Taylor  conveys  this  letter.  He  goes  to 
Rome  for  the  purpose  of  representing  to  the  Propaganda  the  ecclesiastical 
disorders  in  New  York.  On  Carbery,  who  haft  set  up  a  schism  at,  Norfolk. 

Criticism  on  the  Propaganda's  information  regarding  America.  He  asks 
Grassi  to  show  Card.  Fontana  a  map  of  the  United  States.  No  See  can  be 
established  in  Virginia,  at  Washington  in  Maryland.  The  precipitancy  with 
which  the  Congregation  makes  decrees,  and  the  consequent  scandal  in  America  : 
Vous  me  feriez  bien  de  plaisir,  et  ce  seroit  rendre  un  grand  service  a  la 
religion,  de  preter  votre  carte  des  Etats  Unis  au  Card.  Fontana.  D'apres 
les  lettres  que  je  viens  de  recevoir  de  la  Propagande,  il  paroit  qu'elle  n'a 
connoissance  ni  du  pays,  ni  des  moeurs  des  habitants,  &c.  &c.  &c. 
Imaginez  vous  que  S.E.  me  marque  que  la  Cong!1  se  propose  d'eriger  un 
eveche  en  Virginie,  &  est  [!]  a  deliberer  s'il  ne  sera  point  eleve  a 
Washington  !  c'est  a  dire,  dans  le  Maryland.  Elle  confond  continuelle- 
ment  dans  ses  lettres  une  poignee  de  mauvais  sujets,  qu'elle  devroit 

3  This  passage  is  redolent  of  the  notions  proper  to  a  European  Ch^lrch  establish- 
ment, canonically  founded  with  landed  temporalities,  and  aided  with  tithes.  Excepting 
only  the  possession  of  estates  by  the  Maryland  Jesuits,  there  was  scarcely  a  cimimstance 
in  missionary  countries  like  England,  Ireland,  and  the  United  Slates,  which  could 
have  given  rise  to  Marechal's  reflection  and  tone  of  complaint  here,  on  the  system  of  a 
clergy  being  directly  supported  by  the  voluntary  contributions  of  the  laity.     As  to  the 
enjoyment  of  an  income  from  landed  property,  Bishop  Carroll  had  noted  to  Card. 
Antonelli  (1786)  that  the  possession  of  such  revenues  by  Catholic  priests  was  being 
attacked  by  a  political  party,  with  a  view  to  "confiscation."     See  No.  149,  H  ;  cf.  No. 
115,  note  28. 

4  No.  115.     Cf.  No.  180,  P,  ad  fin. 


§   15]  No.  184,  C.     REVIEWS  OF  THE   PERIOD,    1792-1822  915 

mepriser  et  rneme  condemner  [!]  du  poids  de  son  au thorite,  avec  la 
multitude  Catholique  Americaine,  qui  commence  a  se  scandalizer  des 
resolutions  qu'elle  prend  subitement,  soit  trompee  par  de  fausses  promesses, 
ou  allarrnee  par  les  menaces  de  ces  ennemis  de  1'Eglise. 

Mr.  Taylor  will  hand  to  Grassi  a  copy  of  Marechal's  pastoral  for  Norfolk. 
A  translation  into  Italian  is  desired,  for  presentation  to  the  Propaganda. 

C.  1822,  November  22  [December?]. 

Memorial  of  C.  Neale-B.  FenwicJc,  dated  22  Nov.,  1822^  to  the  General. 
Extracts. 

[•/.]  [Pp.  1-3 3.]  An  exhaustive  treatment  of  Marechal's  claims .5  Among 
the  reasons  for  not  continuing  in  favour  of  Marechal  the  allowance  granted 
by  the  Corporation  to  his  two  predecessors  is  the  following  about  Eutaw  Street 
property : 6 

Tliirdly.  Because  considerable  property,  it  was  known  to  the  Clergy, 
had  been  purchased  many  years  back  at  an  early  period  in  another  section 
of  the  same  city  [Baltimore],  on  Eutaw  Street,  by  his  predecessor  Arch- 
bishop Carroll,  and  which  he  left  by  will  to  his  successors  in  the  See  of 
Baltimore  for  the  support  of  their  table ;  the  annual  income  of  which 
property  already  afforded,  it  was  stated,  five  hundred  dollars  to  the 
present  Archbishop.7 

Fourthly.  Mareclial's  relations  with  his  own  Congregation  of  St.  Sulpice. 
See  No.  139,  F. 

After  an  extensive  survey  of  all  the  property  held  by  the  Society  in  Mary- 
land, the  District  of  Columbia,  Virginia,  and  Pennsylvania,  the  Memorial 
proceeds  to  a  pleading  on  the  generalities  of  the  case.  The  argumentation, 
hoiccvcr,  becomes  declamatory  as  it  advances  : 

[//.]  [Pp.  34-38.]  .  .  .  But,  for  argument  sake,  I  will  suppose  it 
true — I  will  suppose  a  large  portion  [of  the  estates]  and  the  whole,  if  you 
will,  to  have  been  given  [for  the  uses  of  religion  generally].  To  whom  was 
it  given?  It  was  given  to  religious  men  who  were  members  of  the 
persecuted  Society  of  Jesus.  It  was  given  to  those  whom  the  setters 
knew,  not  to  those  whom  they  knew  not.  It  was  given  to  those  who  had 
shared  their  dangers,  who  had  encouraged  and  supported  them  in  their 
trials  and  difficulties,  and  who  had  instructed  them,  and  their  fathers  in 
England  before  them,  in  the  ways  of  eternal  life.  It  was  given  to  those 
who  had  sacrificed  their  ease,  often  their  estates,  their  paternal  firesides, 
their  relatives  and  their  friends  to  minister  unto  those  who  were  in  the 
wilderness.  And  who  were  those  that  ministered  unto  them  ?  They 

(d)  Tlie  document  is  clearly  antedated,  fur  the  first  paragraph  acknowledges  the  receipt  of  the  Brief 
and  letter  of  the  General  communicated  by  Marechal.  These  were  sent  from  Baltimore  only  on  the  S7th  of 
Nov.,  1822.'  See  Nos.  123;  125,  A;  cf.  No.  183,  A. 

5  Cf.  No.  180,  P. 
8  Cf.  infra,  E-M. 

"  Cf.  Nos.  118,  §  7,  p.  439 :  il  reddito  di  qualche  casa  affittata  ;  135,  A,  note  30, 
p.  546,  Kohlmann's  Libcllus  Supplex  :  proprieta  lasciateli  da'suoi  predecessori. 


916  No.  184,  C.     REVIEWS   OF  THE   PERIOD,    1792-1822  [V 

were  Jesuits.  The  first  setlers  of  this  country  knew  no  other  ministers 
of  the  Gospel  than  Jesuits.  Happy  days  !  when  all  were  of  one  mind  and 
one  heart  !  When  there  was  no  dispute,  no  contention,  no  running  to 
Rome  about  property  !  when  all  was  charity,  peace  and  harmony  !  when 
the  very  savage  of  the  desert  would  respect  the  abode  of  him  who  had 
taught  him  the  arts  of  civilized  life  !  Yes,  the  first  setlers  knew  no  other 
ministers  than  Jesuits.  Nor  were  others  known  till  after  the  suppression 
of  the  Society,  till  even  after  the  American  revolution. 

On  the  aid  granted  to  the  secular  clergy.  Look  at  Philadelphia.  The 
episcopal  residence  there,  with  the  church  adjoining  it,  belong  to  the 
Society.  Yet,  for  these  ten  years  and  upwards,  it  has  been  occupied  by 
the  Bishops  of  Philadelphia  in  succession,  and  not  a  cent  has  ever  been 
demanded  of  them,  though  in  justice  a  reasonable  compensation  might 
have  been  demanded,  at  least  for  repairs  ! 8  Look  at  their  farm  at 
Goshenhopen.  For  these  twenty  four  years  just  past,  it  was  occupied  by 
a  secular  priest  who  served  the  congregation  in  the  neighbourhood ;  and 
nothing  was  ever  demanded  of  him,  though  the  farm  was  a  valuable  one, 
and  he  could  easily  have  afforded  to  pay  rent  for  it.  On  the  other  hand, 
so  far  from  doing  so  or  offering  any  thing,  he  did  not  even  take  care  of 
what  was  here  entrusted  to  him  ;  but  by  suffering  the  church,  the  house 
and  every  other  building  about  the  place  to  fall  into  decay  by  leaving 
them  unrepaired,  and  in  consequence  of  his  other  neglect  in  regard  to  the 
farm  itself,  the  whole  property  has  been  nearly  ruined  by  him  ! 9  Look 
again  at  Lancaster.  When  did  the  Society  demand  rent  of  the  priest 
stationed  there  ? 10  Also  at  Conewago.  When  did  the  seculars  stationed 
there  contribute  any  thing  to  the  funds  of  the  Society  ?  To  return  to  the 
State  of  Maryland  ;  look  again  at  the  church  and  property  in  Baltimore 
formerly  belonging  to  the  Society,  a  most  valuable  establishment,  which 
they  generously  surrendered  to  the  archbishop  and  to  his  trustees,  making 
the  same  over  to  them  for  ever  without  the  least  return,  although  at  the 
time  they  did  not  conceive  that  the  purposes  of  religion  were  any  better 
served  by  their  doing  so,  than  had  they  retained  and  themselves  employed 
it  to  the  benefit  of  religion  !  "  Look  again  at  St.  Joseph's  farm  in  Talbot 
County.  Who  is  now,  and  who  has  been  for  this  considerable  time  back, 
in  the  whole  enjoyment  of  this  farm  of  the  Society  1  Another  secular 
priest  !  For  how  many  years  did  this  same  Society,  or  rather  those  who 
at  the  time  administered  its  property,  leave  the  valuable  estate  on 

8  Cf.  Nos.  109-111. 

n  Cf.  No.  108,  A,  B.  So  too  Grassi's  Memorie :  "He  [Eohlmanri]  made  also  an 
excursion  to  Goshenhoppen,  where  the  people  spoke  German.  The  old  missionary  of 
this  place  was  indolent  to  such  a  degree,  that  the  church  was  all  squalid,  the  altar  linen 
torn,  torn  too  the  vestments  for  saying  Mass,  the  candlesticks  broken,  etc."  To  Father 
Kohlmann's  appeal  the  men  of  the  congregation  responded  at  once  with  contributions, 
and  the  women  with  new  towels,  albs,  amices.  (Grassi  Memorie,  as  above,  p.  830, 
note  41 ;  pp.  27,  28.)  This  was  in  Apr.,  1807  (cf.  No.  192,  D,  note  10,  Carroll, 
7  Apr.,  1807,  to  Molyneux). 

10  Cf.  No.  112. 

"  Cf.  No.  94,  p.  323. 


§   15]  No.  184,  C.     REVIEWS  OF  THE  PERIOD,    1792-1822  917 

Bohemia,  consisting  of  1100  acres,  in  the  hands  of  the  Sulpicians  in 
Baltimore,  after  their  arrival  in  Maryland  when  they  were  strangers  and 
poor,  without  demanding  or  receiving  the  least  return  or  compensation  for 
it !  How  many  secular  priests  have  been  provided  for  at  our  different 
houses,  and  who  received  the  same  compensation  as  our  own  Fathers  !  ! 1J 
How  long  was  the  property—  But  I  will  urge  this  point  no  farther. 

Enough,  I  trust,  has  been  said  to  shew,  that  in  the  management  of  their 
property  the  views  of  the  Clergy  of  Maryland  and  of  the  Society  have  not 
been  selfish  at  least,  and  that  they  knew  fully  as  well  how,  and  have  at 
all  times  manifested  equal  disposition,  to  apply  the  means  within  their 
power  to  the  purposes  of  religion,  as  their  neighbours.  On  this  subject, 
I  think  delicacy  at  least  should  enjoin  them  silence. 

[/77.]  [P.  39.]     Schedule  of  actual  debts  and  income,  with  a  reference  for 

more  details  to  the  general  procurator's  Statement:™ 

Dollars.        Cents. 

The  whole  debt  of  the  Society  in  this  country,  at 
present,  amounts  to        ...          ...          ...          ...          ...      31,776          47 

1?-12?  Items  of  this  debit. 

(Contra :  The   annual   income,  as  near   as  can  be 
ascertained.) 

1°.  Total  amount  of  same      ...          ...          ...          ...        5,956 

2?-ll?  Items  of  the  credit. 

Uncertainty  of  the  annual  proceeds  in  those  farms  that  do  yield  something. 

[Pp.  40-43.]  After  being  suppressed  by  a  Brief,  and  re-established 
solemnly  by  a  Pontifical  Bull,  must  the  Jesuits  be  harassed,  tormented,  dis- 
turbed in  their  property,  blackened  and  denounced  to  the  Holy  See  as 
usurpers?  "No,  the  property  you  have,  and  of  which  you  have  been  in 
possession  nearly  two  centuries,  is  not  your  property "  —denounced  as 
guilty  even  of  sacrilege :  "  it  is  the  common  property  of  the  Church  you 
have  appropriated  to  your  own  use  to  the  exclusion  of  her  Prelates  and 
Clergy."  Amplification,  especially  with  reference  to  White  Marsh.  However, 
the  Jesuits  are  quite  'willing  to  contribute  a  quota  on  behalf  of  the  episcopal  mensa. 

[/T.J  \_Pp.  43,  44.]  Seven  conclusions  in  Latin,  of  the  same  substance  and 
style  as  0.  Neale's  Protest.1^ 

[P.    44.]     Signed :    CHARLES    NEALE,    totius    Foederatae    Aruericae 

Missionis  Superior. 
St.  Thomas'  Manor,  near  Portobacco,  Novembr  '22,  1822.15 

12  C/.  Nos.  173,  B,  7?-9?;  177,  A,  13?;  179,  T,  8? 

13  C/.  Nos.  87,  p.  300;  88,  p.  303;  Adam  Marshall's  Statement  of  Finances,  5  Mar., 
1S21,  to  the  General.     (General  Archives  S.J.,  Maryl.  Epist.,  2,  ii.)    It  may  be  to  thin 
that  tlie  memorialist  is  referring. 

11  Nos.  126,  A,  Imo  ...  10,  pp.  498-501;  183,  G.  The  conclusions,  which  arc 
harsh  and  mordant,  more  so  than  the  Protest,  seem  to  be  C.  Neale's  own ;  and  the 
abrupt  change  from  English  to  Latin  intimates  the  same.  Ncale,  being  of  the  old 
European  formation,  was  at  home  in  the  Latin  language,  to  which  B.  Fenivick 
probably  did  not  feel  equal.  We  do  not  remember  ever  to  have  seen  a  paper  in  Latin 
from  B.  Fenwick's  pen. 

10  For  extracts  from  this  Memorial,  cf.  Nos.  62,  note  14;  85,  C;  91,  A ;  94,  p.  325; 
139,  F;  167,  note  3  ;  and  passim. 


918  No.  184,  D.     REVIEWS  OF  THE  PERIOD,    1792-1822  [V 

D.  (1823.) 

Criticism  passed  in  Home,  apparently  on  the  foregoing  redaction.  A 
blglietto  inscribed,  without  signature  or  date,  upon  a  folio  cover  in  which 
documents  have  been  passed  to  and  fro  in  Home,  contains  an  unfavourable 
judgment  on  the  value  of  the  papers,  which  are  even  likely  "  to  create  a 
prejudice." 

Restituisco  le  carte,  le  quali  certaiuente  non  gioverebbe  di  esibire,  anzi 
recherebbero  forse  del  pregiudicio. 

Mille  ringraziamenti,  e  rispetti. 

Propaganda  Archives,  Scritture  riferite  nci  Congressi,  America  Ccntrale 
dal  Canada  all'  Istmo  di  Panama,  dal  1818  al  1820,  vol.  4 :  Ratio  status 
religionis  Catholicae  in  dioecesi  Baltimorensi,  reddita  ab  Ambrosio  Arcb0., 

1818.  Illust?  ac  Em?  Cardinal!  Litta,  Praefecto  S.  Cong!"  Prop.  P. ;  beginning : 
Bedux  Baltimorem,  ex  visitatione  maximae  partis  missionum ;  signed  in  full 
at  the  end. — Georgetcnon  College  Transcripts,  1818,  Marechal's  report  to  Card. 
Litta,  14pp.  4to  ;  a  Roman  copy  from  the  Propaganda  Archives.     Ibid.,  MSS. 
and   Transcripts,   Marechal  controversy,  B.  Fcnwick's  original  draft  of  the 
Memorial,  dated  22  Nov.,  1822,  with  signature  of  C.  Neale  copied;  48pp.  4to. 
Ibid.,  1824,  the  printed  report  and  Sommario,  1824,  in  the    Marechal  con- 
troversy, from   the  Atti  of  the    Propaganda ;     the    report,    21  pp.   4to ;    the 
Sommario  of  documents,  76  pp.  4to ;  pp.  20-59,  Num.  IV.,  the  same  Memorial, 
translated  into  Italian,  21  Dec.,  1823,  by  Aw.  Felice  Ciccognani.     Cf.  No.  210, 
B. — General  Archives  S.J.,  Maryl.  Epist.,  2,  Hi.,  Marcclial,\Baltimore,  31  Dec., 

1819,  to  Grassi,  Borne;   3  pp.  4to.      Ibid.,  6,  ii.,  C.  Neale,  Memorial  to  the 
General,  22  Nov.,  1822 ;  first  copy,  B.  Fenwick's  autograph,  signed  by  C.  Neale ; 
44  pp.  4to.     It  is  evidently  antedated  a  full  iveek  before  the  Brief  was  received 
from  Baltimore.     Ibid.,  biglietto  (of  a  Cardinal  ?)  inscribed  on  a  folded  sheet, 
otlierwisc  blank ;  no  date  or  signature. 

The  estimate  formed  in  Rome  is  not  belied  either  by  the  character  of  the 
style,  or  by  a  part  of  the  matter.  The  Memorial  degenerated  into 
declamation  towards  the  dose,  and  took  on  the  semblance  of 
defiance,  at  the  end.  Whether  canonists  could  or  could  not  under- 
stand the  contention  that  civil  rights  were  not  to  le  touched,  any 
one  could  catch  the  note  of  State  versus  everybody,  of  whatever 
denomination  he  might  le.  The  seven  conclusions  at  the  end  were 
couched  in  Latin  ;  and  the  sixth  referred  to  an  archbishop  in 
terms  utterly  inadmissible.™  At  the  same  time,  C.  Neale  was 
placing  in  the  hands  of  his  opponent  letters  in  which  he  brusquely 
rejected  the  application  of  the  Brief  and  the  interposition  of  Rome 
upon  the  subject.11  The  use  which  was  made  of  his  indiscretion 
is  only  too  cvident.1B  The  solitary  precaution  which  he  took 
against  such  consequences  was  the  futile  statement,  that  these 
were  his  private  sentiments.  You  must  not,  he  said,  take  them 
as  official.19  To  B.  Fenwick  he  directed  a  letter?®  in  which  he 

'"  Vulpina  sive  Gallica  calliditas.  1T  Nos.  124,  B;  126,  A. 

18  Nos.  124,  C-180,  A.  !i)  Cf.  No.  124,  note  12. 

-°  Cf.  ibid. ;  18  Dec.,  1822. 


§  is]  No.  184.     REVIEWS   OF  THE  PERIOD,    1792-1822  919 

seemed  conscious  that  his  style  might  be  guilty  of  improprieties ; 
he  wrote:  I  had  a  great  mind  to  tell  the  A.B.'21  Tradition 
reports  another  phrase  of  his,  which,  as  it  has  come  down  to  our 
time,  may  easily  have  gone  over  to  Baltimore  then?2  Thirteen 
years  before,  ever  true  to  the  unpolished  plainness  of  his  character, 
'but  untrue  to  the  traditions  and  manners  of  the  Society,  he  had 
given  offence  to  Archbishop  Carroll?8  Hence  we  append  in  a 
note  some  words  from  a  General's  encyclical,  which  apply  exactly 
to  this  phase  of  C.  Ncalc's  controversy  with  the  Archbishop  of 
Baltimore?*  In  no  other  part  of  the  Jesuit  papers  do  we  jind 
any  instance  of  discourtesy  shown  to  ecclesiastical  authorities, 
ivhcther  in  writing  to  them  or  in  writing  of  them ;  though  an 
irresponsible  layman  like  Ironside1*5  might  not  be  sparing  of 
reflections  and  sarcasm  when  dissecting  a  prelate's  case. 
With  regard  to  a  part  of  the  matter  in  the  Memorial,  it  is  to  be 
observed  that  the  notions  of  civil  right  have  appeared  in  this  and 
the  preceding  Number  ;  and  they  have  appeared,  as  opposed  to  the 
application  of  any  ecclesiastical  jurisdiction  or  administration  in 
a  question  of  property  owned  by  religious  men.  What  is  especially 
singular,  they  were  propounded  with  emphasis  by  a  distinguished 
theologian,  Father  Anthony  Kohlmann.  Marechal's  position  on 

21  That  his  young  imported  Italian  Bull  might  have  fought  well  in  Italy,  but  that 
he  would  not  give  battle  on  American  soil,     ^f  Yours,  ^f  C.  Neale,  S.J.+ 

22  The  proverb,  with  an  allusion  to  the  prelate's  spectacled  aspect :  I  was  not  born  in 
the  woods  to  be  frightened  by  au  owl. 

-3  Cf.  Nos.  115,  note  2  ;  192. 

24  Encyclical  letter  of  the   General,  Father  John  Roothaan,  29  Jan.,  1845,   De 
Societatis  progressu  et  periculis. 

Second  part,  De  externis  periculis.  Imitari  Christi  discipulos  adversis  fluctibus 
jactatos  in  navicula  (Matt.  xiv.  24)  :  1°  Colligendo  vela  per  prudentiam  in  agenda. 
Hanc  ego  prudentiam  ita  imitari  debere  Nostros  existimo,  ut  tempestatibus  jactati 
calumniandi  materiam  adversariis,  quantum  salvo  officio  fieri  potest,  subtrahant, 
caveantque  ne  quam  praebeant  causam  adversariis,  vel  praetextum,  acrius  Societatem 
et  aliqua  juris  specie  inipugnandi.  Enimvero  incredibile  est,  quam  oculati  sint 
adversarii  nostri  in  rebus  nostris  omnibus  et  actionibus  observandis  ;  quin  etiam  vias 
investigant  explorandi,  quid  vel  in  familiar!  sermone  a  nobis  forte  proferatur ;  ut,  si 
qua  detur,  quamcumque  mail  speciem  arripiant,  et  occasionem  sumant  vehementius 
in  nos  insurgendi.  Quod  si  annales  nostros  consulimus,  paucas  fortasse  invenieinus 
Societatis  clades  graviores,  in  quibus  non  aliqua  alicujus  e  Nostris  imprudentia 
memoretur,  quae,  quamvis  plerumque  sine  culpa,  ansam  tanien  aliquam  vel  prae- 
textum aliquem  praebuisse  malevolis  videatur.  Aliquando  certe  vel  unius  hominis 
rninime  mali,  sed  iniprudentis,  dictum  aut  factum,  Societati  damna  gravissima  intu- 
lit,  cum  detrimento  utique  gloriae  divinae  et  salutis  auimarum  irreparabili.  Scilicet, 
si  quid  ab  aliquo  imprudenter  agatur,  recta  intentio  excusationem  quidem  habere 
poterit  apud  Deum  ;  sed  imprudentiae  efiectus  neque  impedire  bonus  animus,  neque 
tollere  potest.  Ergo  provideamus  bona,  non  tantum  coram  Deo,  sed 
etiarn  coram  hominibus,  quoniam  dies  mali  sunt  ...  2?  Conjunctis 
viribus  rcmigando  per  caritatem.  3°.  Per  humilitatem.  4".  Per  orationem.  .  .  . 
Komae,  xxix  Januarii,  MDCCCLV.  (Epistolae  Praepositorum  Generaliuru  ad  Patres 
et  Fratres  Societatis  Jesu  ;  torn.  ii.  438,  439  ;  8vo,  Oandavi,  1847.) 

25  Ubi  infra,  No.  207,  N :  the  French  finesse  of  a  French  Archbishop,  etc. 


920  No.  184,  E.     ECCLESIASTICAL:   MENSAL:    1818-1820  [V 

this  point  was  correct.     But  he  was  not  consistent,  either  in  this 
or  in  other  cases.26 

The  documents  which  follow  are  appended  as  material  for  defining  this 
ecclesiastical  question,  which  we  endeavour  to  set  on  its  right 
footing  in  No.  197.  At  the  death  of  the  late  archbishop,  L.  Nealc, 
who  died  intestate,  his  brother  Francis  Ncale  became  administrator 
of  his  real  and  personal  estate.  In  the  process  of  taking  over  from 
F.  Neale  the  trust  for  the  diocese,  Marcchal's  papers  shoiv  that  he 
distinguished  two  distinct  classes  of  property,  one  from  another : 
first,  what  he  calls  ecclesiastical,  evidently  meaning  churches  and 
such  like  public  property  ;  27  secondly,  what  he  considers  to  be  non- 
ecclesiastical,  ranking  lots  or  houses  as  such,  and  mentioning  in 
particular  the  Eutaw  Street  property?81  This  we  may  call 
mcnsal.  Marechal  seems  to  have  considered  mensal  property  as 
strictly  personal ;  29  and,  in  one  document,  infra  ( J),  he  dissociates 
it  from  his  successors,  desiring  that  the  words  be  omitted :  and  to 
his  successors  in  the  See  of  BaP-e. 

In  his  controversy  with  the  Jesuits,  he  considered  all  their  property  as 
ecclesiastical,  but  he  claimed  White  Marsh  for  himself  as  mensal; 
and,  on  that  understanding,  he  obtained  the  Brief,  which  is 
express  on  this  point.  No  one  in  Rome  could  possibly  hold  the 
mensal  provision  of  an  Ordinary  to  be  personal,  in  the  sense  that 
an  incumbent  might  dissociate  it  from  his  successors,  or,  to  use 
Marcchal's  own  phrase,  when  speaking  of  Father  Bennet  Neale 
and  Deer  Creek,  that  he  might  do  with  it  what  he  pleased.30  Of 
itself,  the  mere  sale  of  landed  property  with  the  sanction  of  com- 
petent authority  would  not  imply  that  the  vendor  considered  it  to 
be  personalty ;  provided  that,  as  the  charter  of  the  Corporation 
had  expressed  it  under  the  head  of  exchange,  successors  ivere 
not  excluded  from  the  value  so  realized. 

E.  1818,  February  5. 

Inventory  of  the  Goods  and  Chattels,  belonging  to  the  Most  Bev.  Arch- 
bisltop  Leonard  Neale,  deceased;  made  out  lij  D.  Williamson  and  John 
Walsh.31 

26  Cf.  No.  124,  C,  note  7. 

-•  In  the  words  of  Carroll's  will  (art.  3)  :  all  houses,  lands  and  lots  and  parcels 
within  the  United  States  vested  in  me,  whereon  are  erected,  or  are  intended  to  be 
erected,  churches  or  chapels  or  graveyards  to  be  laid  off  subject  to  the  same  trust  or 
trusts,  on  which  I  hold  them  respectively. 

28  Cf.  supra,  C,  [/.],  Thirdly. 

29  Cf.  No.  133,  C. 

30  No.  181,  J,  ii.  1.     As  to  operations  by  exchange,  cf.  No.  164,  A,  ad  note  3. 
JI  Cf.  No.  94,  pp.  323,  324. 


§  15]         No.  184,  F,  G.     ECCLESIASTICAL:  MENSAL:    1818-1820         921 

Sundries    ..  ..  ..  ..  ..  ..          $125 

Books,  theological,  etc.      ..  ..  ..         '  ..  150 

Sundry  lots  of  ground  on  the  east  side  of  Eutaw 

St.,  held  under  Col!  Howard,  and  leased  to 

various  leasees,  yielding  an  annual  rent  of 

$374.34  neat  4679.25 

Vacant  ground,  held  as  above,  about  140  feet 

on  Eutaw  St.  7000 


11,954.25 

Vestments  and  church  utensils  are  not  considered  by  administrator  as 
particular  property  of  the  deceased,  nor  assets  in  his  hands. 

P.  1818,  November  14. 

Marechal,  Baltimore,  14  Nov.,  1818,  to  Francis  Neale,  St.  Tliomas's 
Manor. 

Concerning  the  ecclesiastical  property  which  was  left  in  trust  to  your 
venerable  brother  [Leonard  Neale,  late  Archbishop].  God  knows  that  I 
would  wish  to  have  nothing  to  do  with  it,  if  I  could  conscientiously  give 
up  such  a  fruitful  subject  of  troubles.  But  I  am  effrayed  lest,  in  future 
times,  the  pious  intentions  of  the  donors  may  be  frustrated,  and  the  loss 
which  religion  may  possibly  experience  be  attributed  to  my  want  of  care 
in  such  an  important  matter. 

The  lawyers  whom  I  have  consulted  here,  not  understanding  the  case 
very  well,  think  that,  as  a  simple  administrator,  you  cannot  validly  trans- 
mit to  me  the  trust  in  question. 

But  you  told  me  that  I  could  do  it  in  a  legal  manner.  What  is  the 
mode  you  intended  to  take?  I  realy  do  not  know.  He  relies  implicitly 
on  Father  Neale's  great  experience  and  skill  in  transactions  of  this  nature. 
He  adds  items  about  Father  Cousin  [S.J.~\  being  withdrawn  by  the  Superior, 
Kohlmann,  from  St.  Thomas's  Manor,  and  Mahoncy  [not  S.J.],  a  priest  just 
come  from  Ireland,  who  goes  to  take  that  place. 

G.  1818,  November  27. 

Francis  Neale,  St.  Thomas's  Manor,  27  Nov.,  18  JS,  to  Rev.  Mr.  Leonard 
Edelen,  New  Town. 

...  A  question  to  be  proposed  to  Mr.  R.  [Raphael]  Neale.  The  present 
Archbishop  as  well  as  myself  wishes  an  answer.  There  are  several  lots  or 
parcels  of  land  for  church  yards,  church  buildings,  etc.,  for  the  use  of 
Catholic  congregations,  deeded  in  trust  to  the  most  Rev.  John  Carroll, 
who  by  his  will  leaves  them  in  trust  to  the  Arch  Bhp.  Leonard  Neale, 
his  heirs,  executors,  administrators,  for  the  same  purposes  he  (John 
Carroll)  held  them  and  had  received  them  by  deed.  Some  may  be  in  this 

VOL.   I.  3   0 


922          No.  184,  H,  J.    ECCLESIASTICAL:  MENSAL:   1818-1820  [V 

State,  others  in  Pensylvania  and  in  many  other  States  throughout  the 
Union. 

Query.  Can  the  administrator  put  them  in  the  line  intended  by  Archbishop 
Carroll,  and  deed  them  over,  by  a  general  expression,  embracing  all  deeded 
lands  to  Bishop  Carroll  for  the  purposes  mentioned  ?  If  so,  Francis  wants 
Raphael  to  indicate  what  papers  are  required  for  the  purpose.  I  expect  none 
other  than  Bishop  Carroll's  will — whereby  he  (R.  Neale)  may  prepare  a 
deed  for  our  signature.  .  .  . 

P.S. — I  inclose  the  Archbishop's  letter,  that  his  intention  may  be 
known,  etc. 

H.  1818,  December  11. 

Marechal,  11  Dec.,  1818,  to  Francis  Neale. 

He  sends  the  article  of  Archbishop  Carroll's  will,  relative  to  property  left 
in  trust  for  Archbishop  Neale.32  All  the  lawyers  I  have  here  consulted 
agree  that  the  only  mode  you  can  take,  to  transmit  to  me  the  aforesaid 
property,  is  the  very  one  by  which  you  conveyed  to  me  the  ground  on 
Eutaw  Street.  The  two  Fathers  Neale,  the  nephews  and  nieces ;  at 
Washington,  Mr.  Matthews  and  his  relations  there  ;  all  these  will  have  to 
sign.  But  perhaps  Francis  Neale  knoivs  better  than  the  lawyers. 

J.  1819,  February  4. 

Marechal,  Baltimore,  4  Feb.,  1819,  to  Father  Enoch  Fenwiclc,  S.J., 
Georgetown.33 

Pleasantries  on  E.  Fenwick's  begging  excursion  (in  behalf  of  the  neto 
cathedral,  Baltimore).  Need  of  expediting  the  business.  Femcick  has  still 
Philadelphia  and  New  York  to  visit. 

I  rejoice  to  have  it  in  my  power  to  inform  you  that  our  petition  to  the 
legislature  of  Maryland  has  been  granted.34  I  could  not  be  too  grateful 
to  the  gentlemen  of  the  Senate,  who,  when  I  was  in  Annapolis,  gave  me 
every  mark  of  attention,  and  of  their  readiness  to  oblige  the  Cath.  com- 
munity of  Bait?.  (This  good  news  you  must  keep  secret.)  Commendations. 

+  AMB.  Arch.  Ball.e 

P.S.  In  the  instrument  of  writing,  which  is  to  be  drawn  up  by  the  R'1 
F.  Neale,  it  will  be  better  to  omitt  these  words  :  and  to  his  Successors 
in  the  See  of  Bal4? 

Addressed :  The  Rev;'  Enoch  Fenwick,  College  of  Georgetown,  Dis*  of 
Col? 

K  Cf.  American  Catholic  Historical  Eesearches,  viii.  52-56,  text  of  Carroll's  will. 
Cf.  No.  92,  F,  article  4  of  the  will. 

33  Enoch  Fenwick  served  Carroll  and  the  succeeding  archbishops  as  pastor  at  the 
cathedral,  Baltimore,  after  Beeston's  death  (1810),  till  1820.     Cf.  No.  192,  D. 

34  Possibly  on  the  matter  referred  to  in  No.  94,  A.     Cf.  No.  121,  A,  II.,  p.  463. 


§   15]          No.  184,  K-M.     ECCLESIASTICAL:  MENSAL:   1818-1820          923 

K.  1820,  December. 

Francis  Neale,  -  -     -  Dec.,  1820  [?],  to  (Marechal}.  An  incomplete  draft. 

MOST  REV.  SIR, 

He  is  surprised  that  the  deed  executed  by  D.  Brent,  Esq.,  and  him- 
self, drawn  up  by  Mr.  Proviance,  the  archbishop's  lawyer,  should  not  answer 
the  purpose.  The  fault  must  lie  in  the  will  of  Archbishop  Carroll ;  and,  if 
the  archbishop  cannot  now  sell  the  said  property,  held  in  trust  for  his  successors, 
still  he  might  draw  the  ground  rent,  in  accordance  with  the  laws.  He  (F. 
Neale)  thought  he  was  transferring  real  property,  in  the  line  intended  by 
Archbishop  Carroll.  He  is  told  by  some  one  that  it  was  personal  property, 
which  Neale  had  no  poioer  to  make  over  to  the  archbishop.™  He  can  do  no 
more  than  he  has  done.  He  offers  his  services  for  anything  he  can  legally  do 
for  his  Grace. 

L.  1820,  December  30. 

Marechal,  Baltimore,  30  Dec.,  1820,  to  F.  Neale,  St.  Thomas's  Manor. 

REV?  AND  DR  SIR, 

In  conformity  with  your  desire,  manifested  through  the  Rev1!  Mr. 
O'Brian,  I  called  on  Mr.  Purviance  and  asked  his  advice  about  the  law 
suit  which  is  or  will  be  directed  against  you,  about  Eutaw  St.  property. 
Observations  on  some  unprincipled  natural  heirs  of  your  Ven.  brother. 
Mr.  Purviance  thinks  there  will  be  no  danger  in  either  the  Court  of  Equity, 
or  in  the  Court  of  Baltimore.  He  remarked  with  surprise  that  the  cession 
of  right  on  all  church  property  is  signed  by  ten  persons  ;  whilst  the  paper 
authorising  you  to  transmit  to  me  Eutaw  property  is  signed  only  by  five, 
viz.  Charles  Neale,  Win.  Mathews,  A.  Teresa  Mathews,  Harriet  Brent, 
and  Elizabeth  Mathews.  Mr.  Purviance  offers  his  services  to  defend  F. 
Neale.  The  expenses  will  be  covered  by  the  archbishop. 

M.  1821,  March  1. 

Marechal,  Baltimore,  1  Mar.,  1821,  to  F.  Neale,  St.  Thomas's  Manor. 

REV!'  AND  DB  SIR, 

It  is  certainly  painful  for  me  to  hear  that  Mr.  Holmes  intends 
to  sue  you  next  Aug'  I  hope  that  by  your  skill  in  the  management  of 
temporal  affairs  you  will  be  able  to  repell  victoriously  all  the  attacks  of 
your  adversary.  As  to  the  Eutaw  St.  property,  Mr.  Purveyance  thinks 
there  is  no  danger,  particularly  if  the  cause  be  brought  before  the  Orphan's 
Court  of  Bait6  He  is  however  surprised  that  there  is  not  the  same  number 
of  signatures  upon  the  two  papers  he  had  drawn,  to  obtain  from  all  the 

35  Here  there  seems  to  be  a  dilemma  started  by  the  proposal  to  sell  the  property  in 
trust :  if  it  be  a  diocesan  tmst,  Marechal  cannot  sell  it ;  if  he  can,  then  it  is  not  a 
diocesan  trust,  but  personalty  of  L.  Neale,  descending  to  the  natural  heirs  of  the 
latter.  On  this  plea  a  lawsuit  is  now  instituted ;  and  Marechal  qualifies  the  claimants 
as  unprincipled. 


924  No.  184,  M.     ECCLESIASTICAL:  MENSAL:    1818-1820  [V 

relatives  of  your  deceased  brother  a  relinquishment  both  of  the  ecclesi- 
astical property  and   this  of   Eutaw   St.     Here   are   the  names  of   the 

signers. 

Eccles.  Property.  Eutaw  Prop4?' 

Ch.  Neale  F.  Neale 

Wm.  Holmes  Ch.  Neale 

Ign.  Simmes  Wm.  Mathews 

Mary  Simmes  Teres.  Mathews 

Sarah  Simmes  Harriet  Brent 

Eleon.  Simmes  Eliza  Mathews.38 
Wm.  D.  Merrick 
John  Brent 
Rob!  Brent  of  John. 

[F.  -?!']  I  come  now  to  the  business  of  Harford.     See  No.  181,  J. 

Md.-N.  Y.  Province  Archives,  H,  155°.,  Inventory  of  goods  belonging  to  L. 
Neale,  deceased ;  5  Feb.,  1818.  Ibid.,  1818,  Nov.  14,  Marechal,  Baltimore,  to 
F.  Neale,  St.  Thomas's  Manor  ;  3  pp.  4to.  Ibid.,  1818,  Nov.  27,  F.  Neale, 
St.  Thomas's  Manor,  to  Edelen,  Newtoivn.  Ibid.,  1818,  Dec.  11,  Marechal 
to  F.  Neale ;  2  pp.  4to.  Ibid.,  1S20(?),  Dec.,  F.  Neale  to  Marechal ;  an  incom- 
plete draft.  Ibid.,  1820,  Dec.  30,  Marechal,  Baltimore,  to  F.  Neale,  St. 
Thomas's  Manor  ;  3  pp.  4to.  Ibid.,  T,  Marechal,  Baltimore,  1  Mar.,  1821,  to  F. 
Neale,  St.  Thomas's  Manor;  3  pp.  4to.— Georgetown  College  MSS.,  Marechal 
Papers,  1819,  Feb.  4,  Marechal,  Baltimore,  to  E.  Fenwick,  Georgetown ; 
3  pp.  4to. 

88  F.  Neale  administered  some  property  on  Holiday  Street,  Baltimore,  which  may 
be  connected  with  the  foregoing  transactions.  (Md.-N.  Y.  Province  Archives,  H,  157°., 
draft  of  letter  of  attorney,  Neale  to  E.  Fenwick,  on  the  back  of  Maleve's  letter, 
Frederick,  July  6,  1816.  Ibid.,  carton  A,  1,  indenture,  endorsed  by  F.  Neale  :  Wm. 
Lee  from  F.  N. ;  a  copy  unsigned  and  s.  d. ;  3  pp.  fol.) 


SECTION    VI 

CONCORDATS 

§  16.  MARYLAND  AND  MISSOURI,  1798-1830 

TJicrc  were  several  circumstances  which  originated  concordats  between 
the  Ordinary  of  a  diocese  and  the  Superior  of  the  Jesuits. 

1.  In  Maryland,  all  stable  missionary  work  had  hitherto  coincided  in 
extent  ivith  the  acquisition  of  property  to  maintain  the  missionaries 
in  central  stations,  and  to  maintain  divine  worship  in  all  stations, 
whether  central  or  affiliated.  In  the  canonical  order  of  things, 
this  acquisition  of  property  would  have  been  provided  for  by 
means  of  ecclesiastical  foundations,  like  those  of  Europe,  South 
America,  Central  America,  Canada,  and  also  Louisiana.  In 
the  English  Colonies,  now  become  the  United  States,  the  Jesuits 
had  themselves  endowed  religion,  as  appears  from  the  documents 
given  in  Section  II.  When,  at  the  end  of  the  eighteenth  century, 
a  bishopric  was  founded,  the  exercise  of  the  Catholic  ministry  was 
still,  almost  exclusively?-  an  accompaniment  of 'the facilities  afforded 
by  Jesuit  temporalities. 

3.  Secular  clergymen,  who  began  at  this  date  to  transfer  their  labours 
from  Ireland,  France,  England,  and  Germany,  were,  admitted  by 
the  ex-Jesuits  to  their  own  posts,  ivith  the  maintenance  con- 
comitant, as  appears  from  Section  V.  Till  the  private  restora- 
tion of  the  Society  in  1806,  all  clergymen  alike  were  in  every  way 
under  the  bishops  jurisdiction.  But  the  property  of  the  ex- 
Jesuits  was  still  their  own.  Bishop  Carroll  expressed  himself  in 
this  sense,  when  writing  to  the  Paccanarists  of  London  (27  Oct., 
1800):  "4th.  A  college  [at  Georgetown^  for  the  education  of 
youth  in  polite  letters  has  already  been  established  by  those  priests, 
who,  having  been  once  of  the  Society  of  Jesus,  devoted  some  of  the 
property  of  the  extinct  Society  to  so  beneficial  an  object,"  bona 

1  Cf.  Nos.  152,  B,  [//.]  4'? ;  181,  J,  note  34. 


926  OCCASION  FOR   CONCORDATS  [VI 

aliqua  extinctae    Societatis  in  tarn  salutare   opus  contulere.2 

After  the  private  restoration  in  foro  interno,  the  Jesuits  were  still 
technically  on  the  footing  of  secular  priests  with  respect  to  the 
Ordinary,  although  in  practice.  Bishop  Carroll  dealt  with  them 
very  much  as  regulars,  whether  on  account  of  their  controlling  the 
property,  or  out  of  benevolence.  He  merely  objected  to  C.  Neale  s 
pretensions,  which  were  not  supported  by  the  facts  of  the  situation? 

3.  The  places  in  the  diocese  varied  in  character.      Some  were  quite 

dependent  on  the  old  Jesuit  centres ;  others  not  so.  Among  these 
latter,  one  or  other  was  of  paramount  importance.  Tims,  speaking 
of  Washington,  which,  wrote  Bishop  Carroll,  should  naturally  be 
attributed  to  the  Jesuits  as  Icing  convenient  to  tbeir  estates, 
he  declared  that  he  was  not  either  willing  or  able  to  place  the 
Church  of  Washington  under  the  government  of  the  Society, 
that  is  to  say,  ~by  handing  over  to  the  Jesuit  Superior  the  right  of 
appointments  and  nominations  there  as  in  the  other  stations 
assigned  to  the  Order :  I  would  not  prepare  the  seeds  of  so  much 
enmity,  reproach  and  disquietude  for  the  Society,  as  would  be 
produced  by  placing  that  city  entirely  under  its  pastoral  care 
and  controul;  nor  would  my  regulation  be  regarded  by  my 
successors.4  His  immediate  successor,  Mgr.  L.  Neale,  seems  to 
have  been  of  a  different  opinion. 

4.  In  Missouri,  the  desire  of  Bishop  Dnbourg  to  obtain  the  co-operation 

of  an  Order  for  the  propagation  of  the  faith,  led  him  to  offer 
inducements  and  rights,  ~by  way  of  engaging  missionaries  and 
securing  their  perpetual  service.  A  formal  statement  of  this  con- 
stituted the  material  for  a  concordat,  ivhich  embodied  conditions 
to  obviate  cases  of  friction  in  the  future  between  the  authority  of 
the  bishop  and  the  use  of  rights  accorded  to  the  Order.  Bishop 
Conwell  of  Philadelphia  implied  such  an  agreement  for  the 

2  General  Archives  S.J.,  Paccan.  7,  iii.,  Tentatae  Missiones  in  America:  Mary- 
landia,  etc.,  as  above  No.  178,  p.  822  ;  Carroll,  27  Oct.,  1800,  to  Fathers  De  Broglio  et 
Rozaven,  Kensington. — Cf.  English  Province  Archives,  portfolio  6,  f.  48,  the  covering 
letter  of  Bishops  Carroll  and  L.  Neale,  27  Oct.,  1800,  to  Father  William  Strickland, 
London.  See  No.  178,  A. 

Father  Charles  Scwall  speaks  in  similar  terms,  u'riting  to  his  brother,  Father 
Nicholas,  Portico,  England  (29  July,  1803) :  On  the  re-establishment  of  the  Society 
here,  all  the  property  which  once  belonged  to  it  will  again  be  restored  and  made  over 
to  it,  according  to  law.  Tho'  the  College  of  George  Town  was  built  since  the  dissolu- 
tion of  the  Society,  yet  this  also  will  be  made  over  to  the  Society,  as  it  was  built 
chiefly  with  our  own  property.  (English  Province  Archives,  Letters  of  Stone, 
Sewall,  Connell,/.  147,  148;  N.  Sewall,  Portico,  21  Oct.,  1803,  to  Father  Stone,  copy- 
ing his  brother  Charles's  letter.)  See  No.  178,  G. 

3  Cf.  Nos.  115,  note  2  ;  192,  D,  scg_. 

4  No.  178,  Y2. 


§  1 6]  No.  185,  A.     JESUIT  STATIONS,    (1798)  1817  927 

missionary  work  in  his  own  diocese ;  but  he  did  not  mention  a 
formal  instrument  to  lie  drawn  up  for  the  purpose.  He  said : 
The  propagation  of  religion  requires  rnissioners,  and  there  are 
none  to  he  found  so  well  calculated  to  promote  that  most 
desirable  end  as  you  are.  Specifying  the  nature  of  services, 
which  only  Societies  can  render,  he  was  of  opinion  that  a  state- 
ment previously  made  gives  you,  he  said,  no  longer  any  reason 
to  think  that  I  would  be  inclined  to  invade  your  just  rights  or 
privileges.5  These  measures  of  Bishop  Dubourg,  on  behalf  of 
Upper  Louisiana,  and  of  Bishop  Conwell  on  behalf  of  Jesuit 
establishments  throughout  the  diocese  of  Philadelphia,  were 
taken  at  the  moment  when  the  controversy  between  the  Society  and 
the  Ordinary  of  Baltimore  was  in  its  most  acute  period. 

No.  185.  (1798)-1817. 

Jesuit   stations :    an  occasion  and  basis  for  concordats.      Lists  for 
(1798),  1816,  and  1817. 

A.  (1798?) 

List  of  Jesuit  stations  (1198  or  later],  almost  exclusively  in  Maryland.1 

St.  Inigo's  Rock  Creek  -f 

St.  Nicholas'  George  Town 

St.  John's  St.  Patrick's 

St.  Aloysius  Clem.  Hill's 

St.  Mary's  Young's  quarter 

St.  Xaverius  Darnell's 

St.  Joseph's  White  Marsh 

Sacred  Heart  Annapolis 

New  port  Elkridge 

Cob  Neck  Baltimore 

Zachei  2  [2  stations]  Seneca 

St.  Thomas'  Frederick  Town 

Chair  Brent's  Mrs.  Elders 

Pomphret  Taney  Town 

Cornwallis  Winchester 

Nanjernoy  and  Chickamaken'  [?]     Bohemia 

Mattawoman  St.  Joseph's  and  3  others  on  the 

Boon's  Eastern  Shore 

Piscataway  42— 

Mr.  Youngs  Alexandria 

Eastern  Branch 

5  Md.-N.  Y.  Province  Archives,!  Dec.,  1823,  H.  Conwcll,  Reading,  to  A.  Kohlmann, 
care  of  E.  Fenwick,  Georgetown;  4pp.  4to.     Cf.  No.  110,  13. 
1  Cf.  No.  98,  the  inventory  of  property  in  Maryland. 


928  No.  186.     CARROLL-MOLYNEUX  AGREEMENT,  1805  [VI 

Md.-N.  Y.  Province  Archives,  Bb,  a  memorandum  on  the  fourth  page  of 
J.  Dubois'  letter  to  the  Trustees,  dated  98-6-5  1/2  (No.  176,  A).  For  the 
probable  object  of  the  list,  cf.  No.  173,  B,  9?,  13?,  resolutions  of  the  Corporation 
relative  to  tiie  support  of  missionaries  by  their  congregations. 

B.  1816,  April  3. 

List  of  Jesuit  stations  embodied  in  the  L.  Neale-Grassi  concordat  of 
3  Apr.,  1816.  See  No.  189,  C.  TJiis  list  names  only  the  central  stations, 
and  classes  all  the  others  under  the  general  terms,  dependencies,  missions, 
congregations. 

C.  1817. 

Catalogue  of  the  Maryland  Mission  comprised  in  that  of  the  Russian 
Province  for  1817.  See  No.  190,  D. 

No.  186  1805,  September  20. 

The  attempted  Agreement  between  Bishop  Carroll  and  the  Superior 
Molyneux,  20  Sept.  1805 :  the  original,  the  memorandum,  and 
the  translations.  An  agreement  entered  into  by  Carroll  and 
Molyneux  in  1805,  was  brought  to  light  in  ISIS,  thirteen  years 
later.1  What  seems  to  lie  undoubtedly  the  original  was  discovered 
in  1889  by  Dr.  J.  G.  Shea,  eighty-four  years  after  date?  It 
was  then  found  to  exhibit  two  different  stages  of  development  on 
the  face  of  the  paper :  an  agreement  originally  signed  but  not 
sealed,  and  a  quantity  of  alterations  by  cancelling,  and  inter- 
lining, without  any  note  appended  which  might  serve  to  give 
them  place  in  the  original.  This  stage  we  call  that  of  a  subsequent 
memorandum,  written  in  the  same  hand,  Carroll's,  as  had  drawn 
up  the  original  agreement. 

Only  "  a  true  copy "  was  shown  in  the  controversy  with  the  Jesuits? 
It  was  given  in  English ;  translated  into  Italian  ;  and  a  part  of 
it  produced  in  Latin.  All  these  disagree  with  one  another  in 
substantial  points ;  and  none  of  them  agree  with  the  paper  of 
Carroll.  While  two  of  them  change  the  text,  all  copy  the  memo- 
randum form,  which  was  never  signed,  and  append  thereto  the 
signatures  of  the  original,  which  they  do  not  copy. 
We  present  a  facsimile,  and  copy  out  the  text  of  the  original.  In  the 
annotations,  which  present  the  memorandum  form,  we  note  only 

1  No.  180,  P. 

2  No.  187,  B.     In  1805  some  information  of  a  secret  transaction  would  seem  to 
have  reached  the  ears  of  Bitouzey  at  least,  who  was  one  of  the  Trustees  at  that  time. 
See  No.  178,  M,  Molyneux,  7  Nov.,  1805,  to  F.  Ncale. 

3  Nos.  115-121. 


^%^^^^ 


The  CARROLL-^IOIA-NKUX  AGREEMENT,  20  September,  1805.  Notre  Dame  University, 
Catholic  Archives  of  America,  Archbishop  Carroll  Department,  file  1.  Carroll's 
autograph.  (Reduced  size.)  [To  face  p.  928. 


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t^4±Z^ *J^v~^JUyC£±  <• 

>p  •?».». ',fm  #U ,  'i**,,*^  y^ 


§  16]        No.  186,  A.     CARROLL-MOLYNEUX  AGREEMENT,  1805         929 

the,  more  important  alterations.     The  others  can  be  seen  in  the 
facsimile.4 

A.  1805,  September  20. 

The  following  articles  of  agreement  were  considered  and  adopted 
between  the  Subscribers,  the  R.  R^  Bishop  of  Baltimore  on  the  one  part, 
and  the  Rev1?  Superior  of  the  Society  of  Jesus  in  the  United  States  of 
America  on  the  other  part,  at  the  house  of  St.  Thomas  manor,  this  20"'  day 
of  Sep^  1805;  and  it  was  agreed  and  understood  that  the  articles  here 
underwritten  shall  be  the  rules  of  proceeding  not  only  for  the  parties  sub- 
scribing, but  for  their  Successors  respectively. 

1.  Whenever  the  place  of  Director  or  manager  of  an  estate  belonging 
to  the  Society  aforesaid,  or  to  the  Corporation  of  the  Clergy  (a)  becomes 
vacant,  the  Superior  of  the  Society  has (b)  the  sole  right  of  appointing  the 
Director   or  manager ;    who   however   will    not  thereby   acquire  (c)   any 
authority  to  govern  the  congregation  contiguous  (d)  to  his  residence,  or  to 
have  the  care  of  souls. 

2.  The  Bishop,  having  necessarily  the  power  of  appointing  pastors  to 
the  Congregations  of  his  Diocess,  shall (e)  proceed  in  the  following  manner 
with  respect  to  the  appointment  of  those  to  whom  are  to  be  committed  the 
Congregations,^  which  have  heretofore  been  attended  by  priests  living  (g) 
in  the  houses,  and    maintained    by  the  estates <h)  of   the   Society.     He 
will  make  known  to  the  Superior  of  the  Society a)  those  clergymen,  to fk 

(a)  Of  the  Clergy.    Memorandum :  in  trust  for  the  Society. 

(b)  Has.     Mem.  :  shall  have. 

(c)  The  Director  to  acquire.    Mem.  :  to  the  vacant  place.    But  the  Director  or  manager  appointed  by 
him  will  not  acquire. 

(d)  Contiguous.     Mem.:  attached. 

(e)  Pastors  to  shall.     Mem. :  the  pastors  of  hi8  Diocess,  will. 

(f)  Mem. :  divers  verbal  changes. 

(g)  Which  to  living.     Mem. :  appendant  to  and  served, 
(h)  And  to  estates.  Mem. :  erasure. 

(j)  Make  known  to  Society.    Mem. :  advise  the  Superior  who  [verb,  are,  wanting'], 
(k)  To,  interlined  in  the  original  f 

4  The  document  is  endorsed:  Points  settled  with  the  Rev.  Mr.  Molyneux 
(Georgetown  College  Transcripts,  1805,  Sept.  20 ;  a  copy  by  Sliea,  3  pp.  Svo).  That 
there  was  no  other  original  is  inferred  from  the  circumstance  that  none  was  ever 
presented  or  offered,  either  to  the  Trustees  in  America,  or  to  the  Cardinals  in  Borne ; 
and  this  one  was  not  of  a  nature  to  exhibit.  The  same  inference  is  drawn  from  the 
fact,  that  in  one  partial,  autograph  copy  of  Marechal' s  (infra,  C),  he  mentions  a 
paragraph  "  6,"  to  which  nothing  corresponds  in  the  Agreement,  but  which  is  neverthe- 
less represented  in  this  original  by  the  number  "  6  "  erased.  That  the  signatures  were 
attached  by  the  signers  to  the  original  formula  on  this  paper,  and  not  to  the  second 
form  scratched  over  the  first,  is  inferred ;  inasmuch  as,  says  Shca_,  it  is  impossible  to 
conceive  how  any  two  sensible  men  could  have  signed  a  paper  in  its  present  condition 
(No.  187,  B).  However,  as  the  first  formula  itself  has  some  erasures,  that  too  may  have 
been  a  mere  draft,  and  been  treated  as  such,  scratched  over  and  altered  under  the  eyes 
of  both  parties  ;  and  then,  even  in  that  state,  have  received  their  signatures.  In  such 
a  case,  the  whole,  from  first  to  last,  would  have  been  a  mere  memorandum ;  and  it 
could  not  be  spoken  of  as  a  positive  and  formal  convention  (No.  180,  P,  Marechal, 
6  June,  1818,  to  the  Trustees),  as  a  "convention,"  a  "contract,"  in  qua  [superior] 
positive  suscipit  obligationem  (No.  115,  §  22,  Marechal,  19  Aug.,  1820,  to  Card. 
Fontana  ;  and  Section  III.,  Nos.  115-121,  B,  passim). 


930         No.  186,  A.     CARROLL-MOLYNEUX  AGREEMENT,    1805  [VI 

whom  he  intends  to  give  the  charge  of  these  Congregations ;  and  (1) 
these  shall (m)  be  received,  as  usual,  to  [/'']  the  accustomed  residence  and 
maintenance.  But,  if  the  Superior  object  to  the  persons  thus  named,'"1 
the  Bishop,  at  his  discretion,(o)  will  either  make  another  appointment,  or 
call  on  (p)  the  Congregations  to  make  provision  for  the  residence (fl)  of 
their  pastors. 

3.  The  annuity  allotted  to  the  Bishop  from  the  estates  of  the  Clergy, 
and  now  of  the  Society,  and  which  was  declared  inalienable  and  perpetual 
previously  to  the  erection  of  the  Episcopal  See,(r)5  shall  so  remain  per- 
petual and  inalienable  :  and  an  authentic  instrument  of  writing  to  that 
effect  shall  be  executed. 

4.  All  other  public  engagements  on  the  estates  of  the  Society,  made 
heretofore  by  the  Corporation,00  shall  be  punctually  complied  with,  and 
the  usual  pensions  for  young  clerics (t)  6  to  the  Seminary  shall  be  paid,  as 
long   as    any    shall  be   sent    thither  by  direction (u)   of    the   Bishop  and 
Superior. (v) 

5.  Students  of  Divinity  at  the  Seminary  aforesaid,  or  elsewhere,  who 
are  "  bound  by  "  (w)  the  College  (of  George  Town),  ought  not  to  be  with- 
drawn during  their  course  of  Divinity (x)  unless  in  cases  of  urgent  or  un- 
avoidable necessity :  of  which  necessity  not  only  the  President  of  the 
College    but (y)  the  Bishop^    and    Superior    of    the    Society    shall tz>    be 
judges. 

6.  (a2)7 

-f  J.  Bis?  of  Baltre 

K.  MOLYNEUX  S.J. 

Endorsed :  Points  settled  with  the  Kev.  Mr.  Molyneux.8 

(1)  Unless  the  S  :  erased  in  the  original? 

(m)  He  to  shall.    Mem. :  such  Congns  are  destined  :  and,  if  the  Superior  make  no  objection,  they  are  to. 

(n)  To  the  to  named.    Mem. :  to  their  residence  in  the  houses  of  the  Society. 

(o)  At  his  discretion,  erased. 

(p)  Call  on.     Mem.  :  recommend  to. 

(q)  And  maintenance,  interlined. 

(r)  Clergy  to  See.     Mem.  :  Society  or  Corporation. 

(s)  Of  the  Society  to  Corporation.     Mem. :  aforesaid  substituted  before  estates. 

(t)  The  usual  to  clerics.    Mem. :  so  long  as  any  students  in  philosophy  or  Divinity  shall  be  sent. 

(u)  Shall  be  paid  to  direction.     Mem. :  of  Baltimore  with  the  concurrent  direction. 

(v)  Mem. :  the  usual  pension  shall  be  paid. 

(w)  Mem. :  a  solemn  obligation  to  give  their  services  for  a  certain  term  to. 

(x)  Be  to  Divinity.     Mem. :  have  their  theological  studies  interrupted. 

(y)  Not  to  but.    Mem. :  erased. 

(z)  Of  to  shall.    Mem. ;  and  Prest  of  the  College  are  to. 

(a-)  Erased. 

5  There  are  three  matters  of  fact  stated  or  implied  here,  ivhich  are  avoided  in  the 
second  memorandum  form.     1.  That  the  property  had  now  been  vested  in  the  Society. 
2.  That  an  annuity  had  been  assigned  in  perpetuity,  previously  to  the  erection  of  the 
episcopal  See  ;  in  point  of  fact,  it  had  been  assigned,  not  in  perpetuity  to  a  bishop,  but 
permanently  to  the  Superior,  Carroll,  both  as  a  priest  and  as  a  bishop  (Nos.  116,  C, 
note  8 ;  117,  C,  note  8).     3.  That  the  annuity  was  thus  attached  to  the  Episcopal 
See ;  in  fact,  it  was  attached  to  the  ex-Jesuit  Superior  of  the  ex- Jesuits  (ibid. ;  cf. 
No.  168,  A,  22?). 

6  Cf.  Nos.  174,  175,  D--G-,  on  the  aids  for  secular  seminarians. 

7  Marcchal  copies  this  number  6  in  his  Extracts   (infra,  C) ;  which  seems  to  show 
that  tJtis  paper  was  his  original. 

8  This  endorsement  is  noted  in  Shea's  copy. 


§  1 6]     Aro.  18G,  B-D.     CARROLL-MOLYNEUX  AGREEMENT,    1805      931 

Notre  Dame  University,  Catholic  Archives  of  America ;  Archbishop  Carroll 
Department,  file  1.  This  original  was  presented  to  Prof.  J.  F.  Edwards  by 
Emily  Brent,  sister  of  John  Carroll  Brent,  writer  of  a  Biography  of  Archbishop 
Carroll.  See  the  facsimile,  supra,  facing  p.  928. — Georgetown  College  Tran- 
scripts, 1805,  Sept.  20 ;  a  copy  in  Shea's  hand,  3  pp.  8vo,  with  this  note  of  his 
added  :  Above  is  an  exact  copy  of  a  document  with  erasures  and  interlineations, 
entirely  in  the  hand  of  Archbishop  Carroll,  except  the  signature  of  B. 
Molyneux  S.J.,  which  is  evidently  in  that  Father's. 

B.  (1820,  Aug.  19.) 

Partial  Latin  copy  of  the  foregoing  Agreement,  contained  in  the  letter  of 
Marechal,  19  Aug.,  1829,  to  Card.  Fontana,  Prefect  of  the  Propaganda.  See 
No.  115,  §  23,  and  notes,  ibid,  36,  37. 

Tlie  preamble,  article  8,  and  the  signatures  are  rendered  into  Latin. 
Article  3  is  taken  from  the  memorandum  form  (supra,  A,  note  W ).  There 
are  three  additions  not  in  our  original:  1.  A.M.D.G. ;  2.  the  gloss :  (Cleri 
nempe  Marylandiensis),  which  substantially  alters  the  meaning  of  the  article, 
and  is  introduced  as  if  it  were  part  of  the  text  (see  No.  115,  note  36)  ;  3.  Sup. 
attached  to  Molyneux's  name,  which  latter  is  not  spelt  correctly.9 

C.  (1822,  January  ?) 

Partial  English  copy  of  the  foregoing  Agreement,  contained  in  MarechaTs 
autograph  Extracts,  apparently  communicated  to  the  General  of  the  Society. 
Cf.  No.  116,  note  32.      The  first  extract  runs  as  follows  : 
The  preamble  in  full :  The  following  articles,  etc. 
Art.  I,  2,— [sic]. 

Art.  31? ,  given  in  full,  as  in  the  memorandum  form  (supra,  A,  note^). 
Art.  4,-  5,  6,10  &&.     [sic]. 

+  J.  BishP  of  Bait? 
K.  MOLINEUX  S.J.11 

General  Archives  S.J.,  Maryl.  Eplst. , 6, i.,  Extracts;  MarechaVs  autograph, 
without  date  or  signature  ;  4  pp.  4to. 

D.  (1822,  January  18.) 

Full  English  copy  of  the  foregoing  Agreement,  in  the  hand  of  Rozaven,  but 
ivith  abbreviations,  spellings,  and  dots  characteristic  of  Marechal's. 

It  is  all  taken  from  the  memorandum  form,  with  preliminary  paragraphs 
that  are  not  in  the  original,  nor  in  any  other  copy,  except  in  the  Italian 
translation  (infra,  E).  Article  3  has  prefixed  the  sign  +;  and  the  signature, 
Bob!  Molineux,  has  Sup1:  S.J.  attached  : 

Authentick  copy  of  the  agreement  of  D"  Carroll  with  Kev?  Eob' 
Molineux  Sup!  S.J. 

9  Cf.  also  Shea's  own  copy  (ff.  13,  Svo),  Georgetown  College  Transcripts,  Marechal 
Controversy,  1822,  Baltimori,  Somrnario,  Num.  I.  23. 

10  This  seems  to  be  the  number  "  6  "  of  our  original. 

11  Here  Sup.  docs  not  appear  after  the  name  of  Molyneux. 


932         No.  186,  E.     CARROLL-MOLYNEUX  AGREEMENT,    1805  [VI 

Ad  Majorem  Dei  Gloriam. 

Agreement  adopted  and  signed  between  the  Rev?  J.  Carroll,  Bishop  of 
Baltimore,  and  the  Revd  Rob!  Molineux,  Supr  of  the  Jesuits. 12 
The  following  articles  . 


.  .  .  are  to  be  judges. 

J.  Bishop  of  Baltimore. 
EOBT  MOLINEUX  Supr  S.J. 

General  Archives  S.J.,  Mart/I.  Epist.,  6,  i.,  copy  by  Rozaven  . 

E.  (1822.) 

Italian  translation  of  the  foregoing  Agreement,  printed  in  the  Propaganda 
brief  of  the  case,  1822,  from  a  copy  supplied  by  Marechal,  and  authenticated 
by  him  as  Conforme  all'originale.  +  Amb.  A.  B.,  "A  true  copy."  There 
are  two  substantial  errors  in  this  version  as  printed,  and  presented  to  the 
Cardinals  in  Num.  IV.  of  the  Sommario,  1822.u 
Copia  autentica  del  convenuto,  etc.,  as  in  D. 

I  seguenti   articoli   di  convenzione   f urono  conchiusi  ed  adoperati, (b2) 
etc™ 

3.  L'annuita  assegnata  al  Vescovo  dai  padri  della  Societa,(c2)  etc.15 

+  J.  Vescovo  di  Baltimore. 

ROBERTO  MOLINEUX,  Super.  S.J.18 
Conforme  all'originale. 

-f  AMB.  A.B. 

Propaganda  Archives,  Acta  ;  Baltimori,  1822,  printed  Sommario,  Num.  IV. ; 
verified  with  the  MS.  copia  autentica :  Scritture  riferite  nelle  Congrogazioni 
General!,  by  Rev.  Canonico  D.  P.  Scmadini. — Georgetown  College  MSS.  and 
Transcripts,  Marechal  Controversy,  1822;  Shea's  copy  of  the  foregoing 
Sommario,  Num.  IV. 

(b-)  The  copia  autentica,  manuscript  (Scritture  riferite  nelle  Gongregazioni  General!)  has  tJiese  tvords, 
conchiusi  cd  adoperati.  So  too  the  printed  copy. 

(ca)  The  copia  autentica,  manuscript,  has  poderi,  "  estates,"  as  in  the  English  original,  The  printed 
copy  ;  padri,  a  typographical  error.  The  same  typographical  error  occurs  in  the  preamble :  alia  casa  del 
padre  [podere]  di  S.  Tommaso.  There  are  two  othfr  typographical  faults :  Corporazioni/or  Concrcgazioni, 
in  paragraph  2;  and  Congregazione/or  Corporazione,  in  paragraph  J.  Marechal' 's  emphatic  dots  appear 
(D,  E)  in  the  middle  of  article  2,  after  houses  of  the  Society.  Cf.  No.  116,  note  (b),  p.  399. 

13  These  preliminary  paragraphs,  which  are  not  in  the  original,  seem  to  be  intended 
for  printing  in  the  Sommario  as  infra  (E).  What  is  meant  by  the  insertion  of  Ad 
Majorem  Dei  Gloriam,  which  here  has  taken  a  place  different  from  that  allotted  to  it 
in  B  (No.  115,  §  23),  is  not  clear,  unless  it  means  to  intimate  the  authenticity  of  the 
document  as  being  Jesuit,  by  prefixing  the  Jesuit  motto. 

13  Set;  Documents,  I.  Part  I.  pp.  402,  403. 

14  Instead  of  The  following  articles  .  .  .  were  considered  and  adopted  (considerati 
cd  adottati),  tMs  printed  version  placed  in  the  hands  of  the  Cardinals,  has :  "  were 
conchidcd  and  put  in  execution"  as  if  it  ivere  an  executed  contract  that  was  in 
question.      The  paper    had    never    been  heard  of  for  twelve  years,   till  Marechal 
produced  it. 

15  For  the  effect  of  this  version,  sec  No.  115,  note  36.    It  transfers  the  claim  of 
Marechal  from  the  estates,  as  such,  to  the  Fathers   themselves,  irrespective  of  the 
estates.     The  fact  of  its  being  a  typographical  error  does  not  take  the  relevancy  oiit  of 
it,  when  left  uncorrectcd  in  the  copies  submitted  to  the  Cardinals. 

16  For  the  significance  of  the  insertion  :  Superior,  affixed  to  the  name  of  Molyncux, 
and  in  this  place  unauthorized,  cf.  No.  116,  C,  note  4. 


§  1 6]  No.  187,  A.     SHEA    ON  THE  AGREEMENT  OF  1805  933 

No.  187.  (1805.) 

Dr.  J.  G.  Shea  on  the  foregoing  Agreement ;  his  comments  on  the 
original.  Tlds  historian,  who  discovered  the  original  paper,  had 
at  his  disposal  only  a  portion  of  the  documents,  serving  to  explain 
the  question.  His  data  being  defective,  some  of  his  conclusions 
show  the  consequences  of  the  deficiency. 

A.  1888,  May  31. 

Shea,  Elizabeth,  N.J.,  31  May,  1888,  to  Rev.  John  A.  Morgan,  S.J.,  St. 
Joseph's  Church,  Philadelphia. 

The  case  in  Rome  seems  to  have  gone  through  surreptitiously.  Fr. 
Charles  Neale  seems  to  me  to  have  let  the  case  go  by  default,  instead 
of  acting  promptly,  or  letting  a  corporator  sue  the  Corporation  and 
Archbishop. 

The  property  was  not  acquired  from  the  Baltimore  family,  from  the 
Catholics  in  Maryland  except  one  or  two  lots  like  Brittan's  Neck,1  nor 
by  means  furnished  by  the  English  province.2  It  was  bought  by 
individuals,3  till  it  was  conveyed  to  the  Corporation.  Father  Molyneux 
by  his  agreement  could  not  bind  the  Corporation,  unless  by  their  acts 
they  recognized  his  agreement  with  Bishop  Carroll,  and  that  they  did 
by  making  the  payments  to  Bishops  Carroll  and  Neale.4  The  words 
of  the  agreement  are :  Sept.  20,  1805:  "  3'1  The  annuity  allotted  to 
the  Bishop  from  the  estates  of  the  Society  or  Corporation  shall  continue 
perpetual  and  inalienable,  and  an  authentic  instrument  of  writing  to 
that  effect  shall  be  executed." 

You  seem  to  think  that  this  annuity  was  offered  to  Abp.  Marechal : 
but  I  think  not,  as  he  positively  declares  the  contrary.  .  .  . 

Then  came  the  appeal  to  our  Government.  There  was  a  letter  of 
Pres'  Adams  to  Archbishop  Marechal ;  but  I  have  not  seen  it  or  the 
further  action  of  our  Government.  .  .  . 

If  the  Brief 5  were  not  printed  and  the  matter  known,  and  many 
papers  regarding  it  accessible  at  the  Archbishop's  and  the  Seminary, 

1  Cf.  No.  32.  The  two  parcels  of  Brctton's  Neck  and  Outlet  were  bought  for 
40,000  Ibs.  of  tobacco. 

"All  the  original  purchase  of  land  from  Cecil,  Lord  Baltimore,  was  at  the  cost  of 
the  English  Fathers  S.J.,  amounting  in  the  first  few  years  to  a  credit  of  28,500  acres, 
whereof  only  3400  were  ever  granted  by  Lord  Baltimore  in  liquidation  of  his  debt.  Sec 
History,  I.  §  20,  p.  254  ;  §  24,  p.  264;  Documents,  I.  Nos.  24,  30,  31. 

3  That  is,  by  individual  Jesuits,  whether  at  the  cost  of  the  English  procurators,  or, 
with  the  permission  of  the  Provincial,  by  the  assignment  of  individual  patrimonies  to 
the  benefit  of  Maryland,  or  with  the  help  of  loans  never  repaid  to  the  funds  drawn  on 
in  the  English  Province,  or  through  the  economy  of  the  missionaries  in  the  use  of  the 
landed  capital  acquired.     Cf.  Nos.  42,  A  ;  50,  A ;  52-54 ;  109,  C ;  and  Section  II., 
passim. 

4  These  allowances  had  no  connection  with  the  Car  roll- Molyneux  Agreement.     Cf. 
Nos.  116,  C,  note  8 ;  117,  C,  note  8 ;  and  the  respective  acts  of  the  Corporation  in 
Sections  IV.,  V.,  as  cited  by  their  dates  in  the  Index,  subvoce,  Proceedings. 

*  Nos.  121,  F;  205. 


934  No.  187,  A.     SHEA    ON  THE  AGREEMENT  OF  1805  [VI 

Baltimore,6  I  would  omit  all  reference  to  it.7  I  wish  to  say  as  little  as 
possible,  after  getting  all  authentic  papers. 

I  enclose  copy  of  a  Statement  of  Abp.  Marechal.  The  very  first  line 
is  a  fallacy.8  Was  not  the  property  in  the  hands  of  the  Sulpitians  as 
much  ecclesiastical  property  as  that  in  the  hands  of  the  Corporation  ? 
Was  not  the  Carmelite  and  Visitation  property  equally  so  ? 9 

The  printed  Statement  to  which  I  refer  was  headed  Sommario,  Pio 
Pont.  VII.,  and,  according  to  my  memorandum,  begins  p.  32,  with  an 
Italian  translation  of  Bishop  Carroll's  account  of  religion  in  this  country ; 
then  goes  into  details  as  St.  Inigoes,  Newtown,  St.  Thomas'  Portobacco, 
Bohemia,  St.  Ignatius,  Marcel  [Worsell],  Woodbridge,  St.  Joseph's, 
Arabia  Pet.,  Frederick  City,  Whiternarsh,  \Jamei\  Carroll's  Will,  1728. 
I  intend  to  examine  it  carefully,  and,  if  I  have  time,  copy  it. 

It  was  apparently  preceded  by  his  [Marechal's  ?]  petition  to  the  Pope  : 
pp.  1-32.  This  I  hope  to  find.10 

The  papers  in  the  office  of  the  Secretary  of  State  in  Washington  give, 
I  suppose,  the  strongest  arguments  put  forward  by  the  Society.11 

Shea's  failure  at  Georgetown  College  to  obtain  information  about  its 
history,  between  its  opening  and  the  retirement  of  Dr.  Du  Bourg :  and 
in  Fr.  Sumner's  paper  that  is  a  blank.  Nor  could  he  learn  any  particulars 
about  the  foundation  or  founders  of  the  original  Trinity  Church,  Georgetown. 

I  return  the  note,  with  many  thanks  for  the  information.   .  .  ,12 

6  There  are,  moreover,  the  Propaganda  Archives,  the  English  College  Archives, 
Rome,   the   Jesuit  Archives,  whether  General,  English,  or  American,  besides  other 
funds  ;  since  three  distinct  Ponenze  with  Sommarii  of  documents  were  printed  and 
distributed  (1822, 1S24,  1826)  in  the  interest  of  Mgr.  Marechal. 

7  Cf.  Documents,  I.  Part  I.  Preface,  p.  vii. 

9  No.  140,  B.     The  Jesuits,  who  now  possess  all   the  ecclesiastical  property  of 
Maryland.  .  .  . 

9  Similarly,  the  ecclesiastical  property,  of  which  Marechal  treated  with  F.  Neale 
(No.  184,  P-M),  and  which  was  never  in  the  hands  of  the  Jesuits. 

10  The    document  thus  described   by  Shea  is   the  second  controversial  brief  or 
Ponenza,  or  Posizione,  drawn  up  by  Card.  Fesch  (1824)  on  behalf  of  Marechal.     See 
No.  210,  B.     What  Shea  supposes  to  be  the  translation  of  an  account  by  Bishop 
Carroll  is  the  version  of  the  C.  Neale-B.  Fenwick  Memorial  (No.  184,  C,  [/.])  which  is 
Num.  IV.  in  the  said  Sommario.     The  parts  antecedent  are  the  Tistretto  (21  pp.  4to), 
and  the  preceding  Nos.  of  the  Sommario,  which  is  itself  76  pp.  4to. 

11  There  were  no  documents  nor  arguments  presented  by  the  Society  to  the  Govern- 
ment.    Cf.  No.  135,  A,  note  41. 

12  John  A.  Morgan,  30  May,  1888,  to  Dr.   Shea ;   an  answer  on  the  Marechal 
controversy.     There  are  several  inaccuracies  in  Father   Morgan's  note :    that  the 
Corporation  voted  the  same  allowance  to  Marechal  as  to  his  predecessors ;  that  White 
Marsh  was  granted  to  the  Seminary  of  Baltimore,  after  Bohemia  had  been  withdrawn. 
Father  Morgan  quotes  well  from  a  letter  of  Father  Tristram,  England,  that  the  strong 
and  weak  points  of  the  Jesuits'  land  tenure,  both  in  England  and  in  America,  were  in 
the  attitude  of  the  civil  law  towards  it.     (Md.-N.  Y.  Province  Archives,  1888,  May  30, 
J.  A.  Morgan  to  J.  G.  Shea.) 

Father  Joseph  Tristram,  18  May,  1823,  wrote  to  Anthony  Kohlmann,  giving  the 
substance  of  a  letter  from  the  General  (cf.  No.  197,  B,  13  ;  23  Apr.,  1823),  who  declines  to 
communicate  directly  with  the  American  Fathers,  at  the  present  stage  of  the  contro- 
versy. Tristram  rehearses  the  heads  of  the  General's  letter ;  and  then  gives  his  own 
views  :  If  it  is  a  civil  affair,  why  not  test  the  matter  with  Archbishop  Marechal  in  the 
civil  courts,  and  settle  the  question,  one  way  or  other,  about  a  foreign  tribunal  and 
foreign  jurisdiction  ?  My  only  fear  is,  that  such  appeal  may  injure  religion ;  and 


§  1 6]  No.  187,  B.    SHEA   ON  THE  AGREEMENT  OF  1805  935 

B.  1889,  February  14. 

Shea,  Elizabeth,  N.J.,  14  Feb.,  1889?'*  to  Morgan,  Philadelphia. 

An  80  pp.  folio  comes  under  review:  one  of  the  pamphlets  printed  by 
Abp.  Marechal  in  Rome.14  His  case  ;  statement  of  Grassi  ;  of  Father  Fortis. 
Marechal's  rejoinder ;  the  Carroll-Molyneux  Agreement;  the  Act  of  1793.ls 

He  [Marechal]  assumes  that  the  act  was  a  solemn  decree  of  the 
Legislature,  by  which  the  property  held  for  the  Jesuits  was  made  a  trust 
fund  for  the  whole  Maryland  Clergy.  How  little  he  could  have  under- 
stood English  and  American  legislation,  if  he  thought  that  an  act  of 
incorporation  could  change  the  beneficiaries  of  a  trust ! 

His  next  point  is  the  agreement  between  Bp.  Carroll  and  F.  Molyneux. 
He  presented  a  copy  attested  by  himself  ! 16  Now,  by  a  strange  provi- 
dence, the  original  document  has  been  sent  to  me  from  a  western  col- 
lector.17 It  is  entirely  in  the  handwriting  of  Abp.  Carroll,  except  the 
signature  of  F.  Molyneux :  but  from  beginning  to  end  it  is  a  mass  of 
erasures  and  interlineations,  of  not  one  of  which  Abp.  M.  gives  the 
slightest  hint  in  his  assumed  copy.  It  is  impossible  to  conceive  how  any 
two  sensible  men  could  have  signed  a  paper  in  its  present  condition.  The 

I  feel  rather  surprised  that  a  sensible  person,  such  as  I  presume  the  AB.  to  be,  seeing 
that  although  a  foreigner  he  has  been  chosen  to  such  a  high  dignity,  should  in  your 
free  country  have  ventured  to  apply  to  Rome  for  the  decision  of  a  case,  which  seems 
exclusively  to  belong  to  the  jurisprudence  of  the  country.  I  do  not  think  that  you 
have  anything  to  expect  in  your  favour  from  Rome,  which  seems  quite  dissatisfied 
with  your  not  having  submitted  to  its  decree.  Indeed  every  means  appears  to  have 
been  used  to  force  you  to  comply ;  a  decree  of  Propagl.la  and  an  order  from  your 
religious  Superior,  which  we  cannot  help  looking  on  as  a  point  imposed  on  his 
Paternity,  to  make  you  and  the  Corporation  cede  the  boon  without  resistance :  nor 
do  I  see  how  you  could  have  done  otherwise,  if  the  dorninium  of  the  estate  had  not 
been  vested  in  the  Corporation.  Salutations.  ^  P.S. — We  sincerely  hope  that  his 
Grace  will  have  no  reasonable  cause  of  complaint  against  you,  no[r]  be  able  to  say 
that  there  is  a  want  of  due  subordination  to  proper  authority  ;  an  accusation  which 
the  enemies  of  the  Socx  are  endeavouring  to  propagate,  and  under  which  we  suffer 
here,  though  I  hope  unjustly.  While  your  A.B.  was  at  Rome  we  were  informed 
that  it  was  his  intention  to.  take  Stony  hurst  in  his  way  back  to  America;  but 
probably  did  not  execute  his  intention  in  consequence  of  what  passed  at  Rome. — 
Instead  of  documents  from  yourselves,  you  ought  to  have  sent  legal  protestations, 
backed  by  the  civil  authority  of  the  country  to  the  Propag<!a.  In  this  country  our 
adversaries  endeavour  to  make  Rome  believe,  that  all  that  is  done  against  us  is  by 
the  Governing  and  this  watchword  (Gov^)  keeps  the  Propaganda  in  dread.  (Md.-N.  Y. 
Province  Archives,  portfolio  3,  Tristram,  Stonyhurst  College,  18  May,  1823,  to 
Kohlmann,  Georgetown.) — On  the  English  iss>'e,  here  referred  to,  cf.  Appendix  infra, 
No.  220,  B,  C. 

13  A  letter  of  15  Feb.,  1889,  from  the  Jesuit  custodian  of  the  archives  at  Woodstock 
College  to  Morgan,  suggests   that  Dr.  Shea  should  be  empowered   by  Rev.  Father 
Provincial  to  investigate  the  said  archives. 

14  The  Ponenza  with  Sommario  of  1822.     See  supra,  Part  I.  pp.  402,  403.     Shea's 
own  manuscript  copy  of  the  documents  in  this  printed  brief  is  among  the  papers, 
Georgetown  College  MSS.  and  Transcripts,  Marechal  Controversy,  1822. 

15  Nos.  115-118  ;  164.    As  to  Shea's  next  paragraph,  cf.  No.  165,  B,  [v.]. 

16  Cf.  No.  180,  T.     It  would  appear  from  the  tenor  of  Kohlmann 's  document  cited 
there,  that  not  even  in  aprivate  interview  with  Marechal  (1818)  had  Kohlmann  thought 
of  asking  to  see  the  original.     Four  or  Jive  years  later,  the  voluminous  correspondence 
and  tlic  documents  in  Rome  and  Maryland  make  no  allusion  to  anything  except 
MarechaVs  statement  of  the  Agreement,  and  the  copy  of  it  presented  by  him  in  Rome. 

17  No.  186,  facing  p.  928. 


936  No.  187,  C.     SHEA    ON  THE  AGREEMENT  OF  1805  [VI 

strong  presumption  would  be  that,  objections  having  been  made,18  Dr. 
Carroll  altered  it  as  the  basis  of  a  subsequent  agreement.  Certainly  in 
no  Court  of  justice  would  such  a  paper  be  received  as  binding  on 
any  one. 

The  Society  ought  to  have  a  facsimile  of  this  paper.  Suggestions  as  to 
the  form  of  the  facsimile,  and  subsequent  use. 

Another  point  he  makes  is  that  Thos.  Shea  gave  Deer  Creek, 
and  Rev.  A.  [!]  Carroll  White  Marsh  in  1728  to  the  Jesuits,  not  for 
the  Order  but  for  the  benefit  of  the  Church  at  large  in  Maryland.  He 
adduced  no  proof,  and  it  is  not  easy  to  see  where  he  could  get  any.  He 
merely  says  that  the  fact  is  notorious.19  Strange  that  the  Vicars 
Apostolic  [of  London]  and  Dr.  Carroll  were  so  ignorant  of  a  notorious 

fact. 

He  says  that  Bp.  Carroll  endeavoured  to  induce  the  ex-Jesuits  to 
convey  him  half  their  property,  and  subsequently  pressed  them  to  give 
him  Bohemia.  Strange  that,  in  all  the  correspondence,  I  never  met  a 

letter  on  the  subject. 

Yours  sincerely  in  Xt. 

JOHN  GILMARY  SHEA. 

C  1889,  February  17. 

Shea,  Elizabeth,  N.J.,  17  Feb.,  1889,  to  Morgan,  Philadelphia. 

REV.  DEAR  FATHER, 

I  enclose   the  original   agreement  and  the  copy  as  presented 
by  Archbishop  Marechal  to  the  Holy  See,  attested  by  himself  as  a  true 

copy. 

Father  Grassi  declares  that  there  was  no  counterpart  of  it  in  the 
hands  of  the  Superior  or  the  Corporation,  and  that  its  existence  was 
unknown  till  Abp.  M.  found  the  original  among  Abp.  Carroll's  papers.20 

Evidently  this  original  was  never  produced  or  shown  by  Abp.  M.  to 
the  Fathers,  or  to  the  authorities  at  Rome. 

It  was  a  draft  hastily  drawn  and  hastily  signed  ;  reconsidered,  altered 
and  laid  aside.  As,  after  I  return  it  to  the  present  owner,  it  may  not 
turn  up  again  for  years,  if  ever,  I  regard  it  as  of  the  highest  importance 
that  the  Society  should  possess  a  facsimile  of  it.  If  reproduced  by 
Grosscup  of  your  city,  the  size  of  W.  Letter  page,  it  may  be  inserted 
some  time  with  very  little  comment. 

A  description  or  written  copy  would  fail  to  give  an  idea  of  the  con- 
dition of  the  original.  Directions  for  the  facsimile. 

The  subject  is  one  I  cannot  omit  in  my  history.  I  wish  to  say  all 
in  about  15  or  20  lines,  and  to  make  every  word  capable  of  proof, 

18  Cf.  No.  178,  M,  Molyneux,  7  Nov.,  1S05,  to  F.  Neak. 

19  No.  115,  §  32.     Cf.  No.  181,  J,  note  34. 
*«  No.  118,  §  10.     Cf.  No.  116,  D,  §  24. 


§  i6]  No.  187,  D.     SHEA    ON  THE   AGREEMENT  OF  1805  937 

and   to  treat   the  matter   in   a   way   not   to   excite   curiosity  or   shock 
any  one. 

Yours  most  sincerely, 

JOHN  GILMARY  SHEA, 

138,  Catherine  St.,  Elizabeth,  N.J. 
To  Rev.  J.  A.  Morgan,  S.J., 
St.  Joseph's  Oh.,  Philadelphia. 

D.  1889,  February  28. 

Shea,  Elizabeth,  N.J.,  28  Feb.,  1889,  to  Morgan,  Philadelphia. 

REV.  DEAR  FATHER, 

Gratification  at  the  prospect  of  a  facsimile  being  preserved. 
I  am  afraid  that  I  cannot  reach  [?]  the  Corporation  papers,  and  these 
are  the  main  authority. 

Father  Fortis'  reply  to  the  Archbishop  is  very  clear,  able  and  thorough.-1 
There  is  scarcely  a  point  that  could  be  taken  that  he  does  not  raise.  The 
rejoinder  to  it  is  weak.22 

How  the  Committee  of  Cardinals  come  to  their  conclusion,  I  cannot 
see. 

Particulars  of  College  celebrations  at  Georgetown  and  Fordham. 

Fr.  Fortis  cited  Bp.  Carroll's  disclaimer  of  any  claim  to  the  Jesuit 
estates,  as  Bishop  of  Baltimore.  Abp.  M.  replied  that  this  was  done  only 
in  letters  to  Jesuit  Fathers  in  1789-90,  when  F.  Ashton  was  declaiming 
against  the  Bull  erecting  the  See,  and  before  the  Jesuits  had  by  the 
solemn  decree  of  the  Senate  of  Maryland  dedicated  all  their  property  to 
the  support  of  the  clergy  of  Maryland,  and  before  the  agreement  with 
F.  Molineux.23 

Did  he  [Carroll\  make  such  a  disclaimer  on  the  records  of  the  Cor- 
poration ?  ^ 

It  looks  to  me  as  if  Abp.  M.  secured  French  influence,  which  induced 
Cardinal  Fesch  to  report  in  his  favor.25  Certainly,  the  three  Cardinals 
do  not  seem  to  have  given  the  case  a  thorough  examination.26 

As  soon  as  the  new  administration  is  organized,  I  shall  apply  to  the 
Secretary  of  State  for  copies  of  some  of  the  documents  there.  Have  you 
seen  any  ?  There  is  said  to  [be]  a  very  severe  letter  of  John  Quincy 
Adams  to  the  Abp. 

Yours  sincerely  in  Xt. 

JOHN  GILMARY  SHEA. 

Rev.  J.  A.  Morgan  S.J. 

21  No.  116,  D. 
2Z  No.  117. 

23  Nos.  117,  C ;  162,  note  43. 
"  Cf.  No.  160,  C. 
«  Cf.  No.  202. 

26  Shea  is  supposing  tliat  it  was  a  ca.se,  before  a  tribunal.  See  No.  121,  pp.  472, 
475 ;  Nos.  202-204.  Cf.  No.  181,  J,  note  34. 

VOL.   I.  3   P 


938  No.  187,  E.     RECTIFICATION  OF  SHEA'S    VIEWS  [VI 

Md.-N.  Y.  Province  Archives,  Shea,  Elizabeth,  N.J.,  to  Rev.  John  A. 
Morgan,  S.J.,  St.  Joseph's  Church,  Philadelphia :  31  May,  18SS ;  14  Feb.,  1889  ; 
17  Feb.,  1889;  28  Feb.,  1889. 

The  sketch,  which  Dr.  J.  G.  Shea  published  subsequently,  in  his  History 
of  the  Catholic  Church  in  the  United  States,  Hi.  65-71,  is 
substantially  correct  as  far  as  it  gives  the  state  of  the  controversy, 
but  is  misconceived  in  some  details,  and  is  considerably  deficient 
for  want  of  documents.  Then,  to  explain  away  the  Papal  Brief, 
he  adduces  a  theory  drawn  from  the  fact  and  effects  of  the 
Suppression:  that  the  property  of  the  Society  vested  in  the 
Pope,  to  be  disposed  of  by  him  in  the  best  interest  of  religion. 
He  refers  in  a  note  to  the  Pious  Fund  of  California  and  the 
Jesuit  Estates  in  the  Province  of  Quebec?1 

The  case  of  Quebec  may  be  seen  in  a  later  volume  of  this  History.  As 
to  Maryland  property,  the  explanation  offered  by  Dr.  Shea  has 
no  place.  First,  the  general  principles  of  Pius  VII.  and  of  the 
Roman  Congregations  were  distinctly  at  variance  with  such  a 
theory,  regarding  the  ancient  property  of  the  Society  from  the 
moment  when  the  Order  was  restored.  This  may  be  seen  in  the 
Appendix,  infra,  No.  224.  Secondly,  in  the  entire  controversy 
started  by  Mgr.  Marechal,  and  conducted  from  1817  till  his  death 
in  1828,  the  voluminous  documents  show  barely  a  trace  here  and 
there  of  such  a  principle  being  invoked.  The  significance  of  its 
futility  is  accentuated  by  the  circumstance  that  Marechal  had  it 
in  view  at  least  as  early  as  1822 ;  and  that,  as  late  as  1826, 
when  all  other  arguments  had  failed  in  Rome,  it  was  then  thought 
of,  says  Kohlmann  in  certain  Observations  for  his  Holiness  the 
Pope,  as  "  a  new  principle"  to  retrieve  the  cause.28 

E.  1822,  February  16. 

Beschter,  Baltimore,  16  Feb.,  1822,  to  Dzierozynski,  Georgetown.  A 
letter  received  by  the  Rev.  Mr.  Whitfiehl,  Baltimore,  from  Marechal,  Paris, 
10  Dec.  (1821^),  states  among  other  pleas  to  be  advanced  in  Rome  that  the 
Society  has  never  been  restored  in  America,  since  the  Government  has  never 
consented  to  the  restoration,  and  would  never  consent**  See  No.  200,  E. 

27  Cases  which  have  since  arisen  make  it  evident  that  the  Holy  See  holds,  that  by 
the  Suppression  the  property  of  the  Society  vested  in  the  Pope,  to  be  disposed  of  by 
him  in  the  best  interest  of  religion.     This,  though  not  expressed  in  the  documents, 
will  explain  the  action  in  the  Maryland  controversy.     [Note  :]  The  Pious  Fund  of 
California,  and  the  Jesuit  Estates  in  the  Province  of  Quebec. 

28  Infra,  F. 

28  Precisely  the  English  anti- Jesuit  policy  transferred  to  America.     See  No.  220, 
B,  C.     Cf.  No.  129,  B,  p.  510,  Beschter,  Baltimore,  17  Feb.,  1823,  to  C.  Neale. 


§  1 6]  No.  187,  F.     RECTIFICATION  OF  SHEA'S    VIEWS  939 

F.  (1826.) 

Kohlmann' s  Osservazioni  da  fare  al  Papa  intorno  alia  lite  col  Arch0 
di  B.,  a  document,  s.d.,  belonging  to  the  last  stage  of  the  controversy,  and 
apparently  after  the  receipt  of  MarechaVs  Twenty-three  Propositions  (15  Jan., 
1826}.30  Eleven  Observations.  The  last,  §11,  is  to  the  effect  that  Card. 
Fesch,  it  is  reported,  "  thinks  of  proceeding  on  a  new  principle,  suggested  to  him 
by  the  Archbishop  of  Baltimore,  and  insinuated  to  myself  also,  when  I  was  in 
America.  The  principle  referred  to  is  this  :  by  the  Suppression  of  the  Society 
the  members  of  the  Society  have  lost  all  right  to  the  estates  in  question  ;  from 
tliat  moment  these  belonged  no  more  to  them,  but  to  the  Pope  alone.  I  admit 
the  principle."  Then  Kohlmann  argues  against  acting  on  it,  for  motives  of 
policy.  The  American  Government  will  exercise  the  same  authority  over  the 
said  property  as  all  princes  in  Europe  had  exercised  in  their  dominions  over 
the  goods  of  the  extinct  Society.  It  will  appropriate  all™ 

11.  Ma  mi  vien  riferito  che  il  Era  :  ponente  [Card.  Fesch~\  pensa  di 
procedere  sopra  un  nuovo  principio  suggeritoli  dal  Arch  :  di  B.,  e  insinuate 
ancora  a  me  quando  stavo  ancora  in  America : 32  il  principio  suddeto  e 
questo  :  per  la  soppressione  della  Compa  i  membri  della  Comp.  hanno 
perduto  ogni  diritto  sopra  i  poderi  in  questione,  da  quel  momento  non 
appartevano  piu  a  loro,  ma  al  Papa  solo.  lo  ammetto  il  principio,  benche 

30  There  is  no  direct  allusion  in  the  document  to  the  technical  stage  of  the  case  at 
the  moment ;  but  the  whole  statement,  regarding  the  American  Government,  a  pension 
instead  of  White  Marsh,  the  incapacity  of  the  American  Fathers  to  subsidize  the 
prelate,  agrees  with  the  isszie  in  1826.     Cf.  Nos.  135,  A ;  209,  B,  1. 

31  Kohlmann  seems  to  "  admit  the  principle  "  merely  for  the  sake  of  passing  on  to 
the  argument  of  policy  ;  that  is,  he  passes  it  over  without  discussing  it.     The  principle 
was  incorrect  for  the  time  after  the  restoration  of  the  Society.     See  No.  224. 

The  dominium  of  most  of  tlie  property  had  become  vested,  rightly  or  wrongly,  in  new 
proprietors  ;  and  that  of  such  portions  as  remained  within  the  power  of  the  Pope  to 
restore  at  the  re-establishment  of  the  Society  was  so  restored.  His  intention,  however, 
that  all  the  ancient  property  of  the  Society  should  be  given  back  to  it,  was  unlimited 
with  regard  to  the  wJwle  world  :  circa  il  ristabilimento  della  stessa  Compagnia  di 
Gesu  a  questa  Nostra  Citta  di  Roma,  ai  Dominj  Pontificj,  ed  a  tutto  il  Mondo  Catto- 
lico,  sembrava  giusto  e  conveniente  che  alia  medesima  Compagnia,  e  sua  Procura 
Generale  rispettivamente,  cosl  universalmente  ristabilita,  venissero  restituite  le 
Chiese,  Case  Religiose,  e  Beni,  che  possedeva  prima  della  sua  soppressione.  With 
such  premises,  the  Pope  proceeds  to  order  the  restoration  of  certain  property  in  Rome; 
states  his  intention  of  doing  the  same  with  other  property ;  and  declares  the  right  of 
the  Society  intact  to  recover  its  former  possessions  in  other  places,  to  which  end  His 
Holiness  states  his  intention  of  co-operating :  Non  e  Nostra  Volonta,  che  resti 
menomamente  pregiudicato  il  dritto,  che  alia  ristabilita  Compagnia,  e  per  Essa  al 
Sacerdote  supplicante  [L.  Panissoni,  S.J.~\,  o  ad  altri  legittimi  rappresentanti  la 
medesima  compete  in  virtu  delle  contemporanee  Nostre  Lettere  in  forma  di  Bolla 
[the  Bull  of  Restoration,  same  date},  di  ricuperare  anche  le  Chiese,  e  Case  Religiose 
esistenti  in  altri  luoghi,  e  spettanti  alia  stessa  Compagnia  prima  della  sua  soppres- 
sione, per  la  quale  restituzione  anzi  ci  esibiamo  pronti  a  far  godere  alia  stessa 
Compagnia,  e  suoi  rappresentanti,  anche  in  quanto  alle  disposizioni  e  providenze 
necessarie  per  assicurare  il  mantenimento  degli  Individui  Religiosi,  e  1'Offiziatura 
delle  Chiese.  tutti  gli  ajuti  ed  efietti  della  Nostra  Suprema  Podesta.  This  Brief, 
addressed  to  his  Treasurer,  Marchcsc  Ercolani,  has  the  same  date  as  the  Bull  of  universal 
rc-cstablisJiment  for  the  Society,  7  Aug.,  1814.  (General  Archives  S.J.,  Italia,  12,  i.) 

Hence  it  was  a  hazardous  assumption,  twelve  years  later,  to  imply,  as  Marechal 
and  Fesch  now  thought  of  doing,  that  the  Society  was  ncitlier  restored  nor  reinstated. 

32  Cf.  No.  180,  T. 


940  No.  187,  F.     RECTIFICATION  OF  SHEA'S    VJEWS  [VI 

sono  certo  che  il  Governo  degli  Stati  Uniti (a)  non  ammettera  mai  di  aver (b 
meno  dirrito  di  quel  che  pretendono  i  Principi  non  solamente  Pro- 
testanti  ma  ancora  i  catholici,  i  quali  dapertutto  si  sono  emposseduti  dei 
beiii  della  Conip1?  Ma  di  questo  sia  come  vuole.  lo  dico,  che  non  e 
possibile  di  porre  avanti,  in  questa  causa,  un  pensiero  o  principio  piu  fatale 
alia  Religione  in  generale  di  questo :  perche  se  questo  principio  e  rnesso 
avanti  e  saputo  dal  governo,  e  chiaro  che  quei  beni  cadderano  nelle  mani 
del  governo,  o  ne  sara  la  meta  del  primo  occupante,  e  1'altra  meta  del 
governo  secondo  le  legi  dei  Stati  Uniti :  perche  secondo  il  supposto  non 
sono  padroni  di  quei  poderi  i  Jesuiti,  ne  e  Padrone  il  Papa,  perche  questo 
diritto  nel  Papa  non  sara  mai  riconosciuto  da  quel  Governo  :  appartengono 
dunque  alia  Republica :  cosi  averra  che  poderi  destinati  dal  principio  per 
le  cose  pie  non  in  generale,  ma  in  particolare  per  quelli  fini  sublimi  che  si 
propone  la  Compa  di  Gesu,  non  saranno  ne  al  Papa,  ne  al  Arch.,  ne  ai 
Jesuiti,  ma  apparteranno  al  fisco.33 

Kohlmann  continues,  closing  his  paper  with  the  following  drastic  recapitu- 
lation of  his  Observations,  and  a  reflection  on  the  Fesch-Marechal  mode  of 
procedure :  Questo  e  il  stato  precise  della  causa  pendente  tra  il  Ar.  e  la 
missione  Am.  della  Comp.  di  [Gesu]  :  queste  sono  le  disposizioni  del 
governo  e  del  popolo  :  queste  le  consequence  che  si  devono  aspettare,  se 
mai  la  Congregazione  venga  a  toccare  di  nuovo  questa  corda  gia  tanto 
odiata  in  America.  Sono  informato,  che  il  Card,  ponente  [Fesclt],  senza 
avere  il  minimo  riguardo  a  quel  che  e  stato  sopra  accennato,  pare  risoluto 
ad  onta  di  ogni  ragione  in  contrario  di  guadagnare  la  causa  del  suo  Cliente 
[Marechal],  ma  osservi  la  V.  Santita  che  "  una  parva  scintilla  possit 
excitare  magnum  incendium  non  ita  facile  postea  exstinguendum,"  che  in 
un  paese  tal  che  i  Stati  Uniti  si  deve  procedere  con  moltissima  cautela  e 
circonspectione,  che  le  conseguenze  irremediab[«']li  seguite  da  un  certo 
passo  non  si  attacoranno  mai  al  Card.  Ponente,  ma  al  Pontifice  regnante, 
e  che  in  questa  occasione  e  importantissimo  di  rifleterre  a  quel  "  Nescit 
vox  semel  emissa  reverti."  Voglia  Iddio,  che  i  Catholici  di  America  non 
abbian  mai  da  pensare,  molto  meno  di  dire,  che  Roma,  in  vece  di  avancare 
il  progresso  della  Relig.  Cath.  negli  St.  Uniti,  ha  fatto  un  passo  calcolato 
per  distrugerla. 

A.    KOHLMANN  S.J.34 

General  Archives  S.J.,  Maryl.  Epist.,  6,  iv.,  R  ;  a  draft,  not  much  corrected 
by  the  writer  ;  4pp.  folio. 

(a)  Pretende,  erased. 

(b)  Non,  erased. 


33  A  similar  result,  but  from  other  premises,  was  noted  by  the  General,  19  June, 
1S24,  to  the  Cardinal  deputies  of  the  Propaganda.     See  Nos.  131,  note  9 ;   208,  G, 

Mcnioria  Seconda. 

34  If  these  Observations  were  actually  presented  to  His  Holiness,  it  is  clear  that  the 
substance  only,  not  the  style,  could  have  been  used.     Other  extracts  from  this  paper 
of  Eohlmann's  arc  given  in  No.  135,  A,  note  30,  and  ibid,  passim. 


§  1 6]     No.  188,  A,  B.     CARROLL  AND  A   CONCORDAT,    1814,  1815      941 

No.  188.  1814,  1815. 

Antecedents  of  the  Neale-Grassi  Concordat :  preliminaries  of  Carroll. 
From  the  date  (7  Dec.,  1814}  at  which  Archbishop  Carroll  received 
in  Baltimore  the  Butt  of  the  Society's  canonical  re-establishment, 
he  opened  and  pursued  the  question  of  coming  to  an  under- 
standing, as  between  the  Ordinary  of  the  diocese  and  the  Jesuit 
Superior,  regarding  the  course  to  be  pursued,  at  least  in  this 
Diocess. 

A.  1814,  December  7. 

Enoch  Fenwick,  S.J.,  Baltimore,  7  Dec.,*1814,  to  (Grassi).  The  Bull  of 
restoration. 

Archbishop  Carroll  received  this  evening  a  copy  of  the  Butt,  re-establishing 
the  Society.  He  desires  me  to  transmit  it  to  you  with  all  possible  despatch. 
Fenwick' s  own  effusions  of  joy.  The  Abp.  not  having  as  yet  read  the  Bull 
of  His  Holiness  quite  through,  asks  a  return  of  it,  together  with  Father 
Plowden's  letter  by  next  Saturday's  mail. 

Further  expressions  of  joy. 

Yf  devoted  and  affectionate  Son, 

ENOCH  FENWICK. 

P.S.  The  Abp.  desires  me  also  to  inform  you  that  he  will  to-morrow 
answer  your  letter  received  this  evening. — E.  F. 
Bait?  Decr  7th.  1814. 

B.  (1814),  December  10-11. 

Carroll,  10-11  Dec.  (1814),  to  Grassi.  First  proposal  of  a  mutual 
understanding. 

REV.  AND  H?  SIR, 

Having  contributed  to  your  greatest  happiness  on  earth  by 
sending  the  miraculous  bull  of  general  restoration,  even  before  I  could 
nearly  finish  the  reading  of  it,  I  fully  expect  to  receive  it  back  this 
evening  with  Mr.  Plowden's  letter.  Our  next  consideration  will  be  on 
the  course  to  be  pursued,  at  least  in  this  Diocess. 

You  appear  to  be  very  uneasy  about  Mr.  Mertz's  going  to  Conewago ; J 

1  A  month  before,  Carroll  had  written  to  Grassi :  3?  When  Mr,  [Francis]  Neale 
returns  from  Harford  O}',  Conewago  and  Mr.  Mertz's  affair  will  be  more  fully  dis- 
cussed :  but  be  assured,  that  I  shall  not  interfere  in  the  temporal  or  spiritual 
concerns  of  the  estate,  or  Congregation.  4°  On  the  Georgetown  Church  student, 
Matthew.  (Md.-N.  Y.  Province  Archives,  1814,  Nov.  12,  Carroll,  Baltimore,  to 
(Grassi) ;  2  pp.  4to,  No.  159.)  The  difficulty  seems  to  be  that  Grassi  had  intended  to 
send  Father  Eantzau  as  assistant  to  Father  Adam  Marshall  at  Conewago,  in  Pennsyl- 
vania. This  would  have  necessitated  Carroll's  catting  on  the  suspended  priest  McGinn 


942       No.  188,  C,  D.     CARROLL  AND   A    CONCORDAT,   1814,  1815        [VI 

the  truth  is,  he  was  tired  of,  and  resolved  to  leave  Baltre,  and  expressed  to 
the  Rev.  Mr.  Francis  Neale  his  desire,  or  at  least  some  propensity  to 
remain  at  Conewago,  for  at  least  a  short  time.  I  had  nothing  to  do  with 
him,  if  he  left  this  place. — Neither  the  spiritual  or  [!]  temporal  govern- 
ment of  the  Clergy  there  are  the  least  under  my  controul :  however  you 
may  be  easy  in  that  respect.  Mr.  Mertz  has  informed  Mr.  [Enoch'] 
Fenwick,  and  indeed  me  too,  that  he  will  remain  here,  if  possible,  till 
May ;  and  luckily  Mr.  Debarth 2  had  not  been  applied  to  on  this  subject, 
so  matters  will  remain  at  Conewago  in  statu  quo,  unless  you  send  Mr. 
Rantzau  thither,  vice  Marshal,  which  I  hardly  expect ;  for  the  former 
will  not  be  able  to  bear  the  winter  fatigue  of  that  station.  As  to  his 
being  transferred  to  Philad1?,  Mr.  Roloff  to  Lancaster,  and  Byrne  to 
Maryland,  it  is  a  matter  to  be  settled  between  you  and  Mr.  Debarth,  in 
[as  ?»m]ch  as  relates  to  the  two  first. 

Dec.  11.  The  other  side  could  not  be  finished  yesterday.  On  the 
public  notice  to  le  taken  of  the  Bull  by  Carroll.  See  No.  178,  P2. 

C.  1814,  December  17. 

Carroll,  17  Dec.,  1814,  to  Grassi.     A  conference  proposed. 

On  a  conference,  which  should  be  held  to  settle  a  perfect  understanding 
for  their  future  conduct  between  the  Ordinaries  and  the  Superior  of  the 
Society  in  the  United  States,  so  that  there  may  be  no  conflict  of  j  urisdic- 
tion  and  source  of  dissension  hereafter.  Carroll's  reasons  for  this  ;  and 
reflections.  See  No.  178,  Q2. 

D.  1814,  December  27. 

Carroll,  Baltimore,  27  Dec.,  1814,  to  Grassi.  Exception  taken  to  a 
Jesuit  re-organization,  not  favourable  to  the  diocese. 

REV.  HONP  SIR. 

I  cannot  take  time  to  express  my  opinions  on  many  subjects 
contained  in  your  late  letters  to  Mr.  Fenwick  and  to  myself.  But  some 
of  them  are  too  important  not  to  demand  immediate  attention.  It 
appears  from  some  passages  in  your  letters,  that  you  propose  to  proceed 
immediately  to  a  new  organization  of  the  members  of  the  Society,  before 
you  have  received  an  authentic  and  official  notification  of  the  act  of 
its  re-establishment,  or  directions  from  the  General  of  the  Society.3 
Criticisms.  Dangers.  Considerations  on  the  needs  of  Carroll's  diocese.  On 

for  service  in  Maryland.  (Ibid.,  1814,  Oct.  14,  Carroll,  Baltimore,  to  Grassi  ;  1  p.  4to, 
No.  158.)  Then  Mertz,  German  pastor  in  Baltimore,  offered  himself.  Carroll  dis- 
claims all  intention  of  interfering  in  the  affairs  of  the  Society  as  touching  the  diocese 
of  Philadelphia. 

-  Administrator  of  the  Philadelphia  diocese  at  this  time. 

3  Such  notification  was  received  by  Grassi,  14  Feb.,  1815.     See  infra,  P. 


§  16]       No.  188,  E.     CARROLL   AND   A    CONCORDAT,    1814,   1815         943 

this  subject,  much  more  may  be  agreed  on  in  a  conference.     See  Nos.  113, 
P;  178,  S2.4 

E.  1815,  February  21. 

Carroll,  Baltimore,  21  Feb.,  181-5,  to  Grassi.  Carroll's  vindication  of  his 
policy  heretofore,  with  respect  to  the  Society,  not  yet  canonically  restored. 
See  Nos.  113,  Q  ;  178,  IP.  One  passage,  regarding  the  privileges  of  the 
Society,  belongs  to  this  place,  because  it  indicates  an  object  of  Carroll  in  pro- 
posing a  conference  ;  and  also  exhibits  an  additional  reason  for  certain  sharp 
criticisms  of  the  Jesuits  on  Archbishop  Carroll's  mode  of  procedure,  both  past 
and  present.5 

[F.  2.]  You  remind  me  of  rny  promised  public  notification  of  the  re- 
establishment  of  the  Society,  which  shall  be  forthwith  complied  with,  and 
a  formulary  of  the  notification  sent  to  you,  as  soon  as  I  have  time.  The 
privileges  granted  to  the  Society,  as  far  as  practicable,  will  be  acknow- 
ledged, as  soon  as  they  are  known ;  for  I  do  not  believe  that  all  those 
formerly  granted  will  be  renewed,  or  ought  to  be  desired.  Some  amongst 
them  were  never  insisted  on  for  prudential  motives  ;  some  are  incompatible 
with  the  state  of  missioners ;  and  in  my  opinion  [those],  which  can  be 
admitted,  ought  for  uniformity  sake,  to  be  agreed  on  by  the  other  Bps.  of 
the  United  States.6 — There  is  no  longer  any  difficulty  about  the  title  ad 
Ordinationem ;  and  everything  concerning  internal  government  and 
discipline  will  be  left  to  the  Superiors  of  the  Society.  Concerning  the 

4  The  objective  of  Carroll's  remarks  in  this  letter  is  obvious.     A  new  organization 
of  the  members  of  the  Society  implied  the  formation  of  community  life,  the  develop- 
ment of  the  college  system,  and  the  consequent  withdrawal  from  diocesan  service  of  tlie 
priests,  who  now  as  Jesuits  were,  from  the  moment  of  canonical  re-establishment,  no 
longer  in  foro  externo  under  the  jurisdiction  of  the  Ordinary,  except  so  far  as  their 
Superior  should  freely  assign  them  to  the  ministry.     The  efforts  of  Carroll,  and  his 
policy  in  the  circumstances,  are  to  be  compared  with  Marechal's  policy,  No.  135,  B-Q. 

5  Cf.  No.  178,  E,2,  V2. 

6  Cf.  No.  178,  Q2,  note  87.     For  the  condition  in  which  tlie  privileges   of  the 
Society,  as  distinct  from  those  essentially  connected  with  the  religious  state,  were  left 
by  the  Bull  of  restoration,  cf.  Documents,  I.  Part  I.  p.  402,  note  49 ;  and  No.  130,  A, 
note  3.     Twelve  years  later,  Leo  XII.,  by  his  Brief,  Plura  inter,  11  July,  1826,  renewed 
and  confirmed  a  series  of  tlie  ancient  privileges  proper  to  the  Society,  and  granted  new 
ones.    Finally,  Leo  XIII.,  by  his  Brief,  Dolernus  inter  alia,  13  July,  1886,  confirmed 
all  the  Bulls  and  Briefs  of  the  Roman  Pontiffs,  regarding  the  foundation,  constitution, 
and  confirmation  of  the  Society,  from  Paul  III.  (1540)  till  tlie  present  time,  with  all 
their  contents  and  deductions,  as  well  as  all  privileges,  immunities,  exemptions,  indults, 
directly  or  indirectly  granted,  and  not  abrogated  by  the  Council  of  Trent  or  other  Papal 
Constitutions  :  Utque  vel  magis  Nostra  in  Societatem  Jesu  voluntas  perspecta  sit, 
ornnes  et  singulas  litteras  apostolicas,  quae  respiciunt  erectionem,  institutionem  et 
confirmationem  Societatis  Jesu,  per  praedecessores  Nostros  Romanos  Pontifices  a  fel. 
rec.  Paulo  III.  ad  haec  usque  tempora  datas,  tarn  sub  plumbo  quam  in  forma  brevis 
confectas,  et  in  iis  contenta  atque  inde  secuta  quaecumque,  uec  non  ornnia  et  singula 
vel  directe  vel  per  communicationem  cum  aliis  Ordinibus  llegularibus  eidem  Societati 
impertita,  quae  tamen  dictae  Societati  non  adversentur,  neque  a  Tridentina  Synodo 
aut  ab  aliis  Apostolicae  Sedis  constitutionibus  in  parte  vel  in  toto  abrogata  sint  et 
revocata,  privilegia,  immunitates,  exemptiones,  indulta,  hisce  litteris  confirmamus  et 
apostolicae  auctoritatis  robore  munimus,  iterumque  concedimus.  .  .  .  For  a  partial 
summary  of  pontifical  acts   here  referred  to  by  Leo  XIII.,  cf.  Juris  Pontificii  de 
Propaganda  Fide  Pars  Prima,  (De  Martinis),  vii.,  197-199,  note. 


944       No.  188,  F-J.     CARROLL  AND  A    CONCORDAT,    1814,  1815        [VI 

administration  of  the  College  of  Georgetown,  deliberation  must  be  had, 
when  a  convention  can  be  had.  One  thing  appears  to  be  certain,  that 
some  regulation  is  wanting  for  its  being  a  place  of  education  for  Clericks 
Secular,  as  well  as  the  members  of  the  Society,  destined  for  the  ministry.7 
On  the  novitiate  and  Conewago.8 

F.  1815,  March  4. 

Grassi,  Georgetoivn,  4  Mar.,  1815,  to  Kohlmann  (New  Yorli). 

On  the  transfer  of  the  novitiate  to  Washington.  He  has  asked  Arch- 
bishop Carroll  by  letter,  "  which  are  tlie  missions  that  he  desires  to  consign  to 
the  Society,  for  it  to  take  charge  of  according  to  its  Institute."  See  No. 
178,  V2.  ' 

G.  1815,  March  10. 

Grassi,  Georgetown,  10  Mar.,  1815,  to  Father  Gary. 

Grassi's  claims  to  the  estate  of  Rev.  Mr.  Ashton.9  Rev.  Mr.  Matthews, 
pastor  at  St.  Patrick's  Church,  Washington,  has  offered  lots  aside  of  his 
church  for  a  Jesuit  novitiate.  Grassi's  measures  accordingly.  ...  A  present 
je  suis  tres  occupe  a  determiner  la  place  pour  le  Noviciat.  Le  Rc!  Mr. 
Mathewes  a  offerfc  les  lots  qu'il  possede  pres  1'Eglise  de  St.  Patrice  a 
Vahsington  pour  y  batir  une  maison  pour  les  novices,  pour  jardins,  etc. 
L'endroit  plait  a  tout  le  monde,  et  sans  doute  il  offre  des  avantages  tres 
considerables.  Points  of  business. 

H.  (1815),  March  16. 

Carroll,  Baltimore,  16  Mar.,  (1815),  to  (Grassi). 

His  address  to  the  congregations  of  the  diocese  on  the  restoration  of  the 
Society.  His  satisfaction  at  the  proposal  of  settling  the  novitiate  in 
Washington,  if  the  means  are  forthcoming.10  The  advantages  of  such  a 
situation  for  the  novitiate.11  See  No.  178,  W2. 

J.  1815,  March  31. 

Carroll,  Baltimore,  SI  Mar.,  1815,  to  Grassi,  President,  Georgetown. 
Endorsed  by  Grassi :  Cong".3  intended  for  the  Soc'.y 

7  This  passage   about    Georgetown  must  refer  to  deliberation   at  the  Board  of 
Trustees,  or  at  that  of  the  College  Directors.     Carroll's  difficulty  on  the  subject  of 
secular  clerics  or  Church  students,  and  the  members  of  the  Society  or  scholastics,  is 
explained  in  his  letters  of  May  and  August,  the  same  year.     See  No.  178,  Z2,  A3,  G3. 
Here  he  is  probably  contemplating  a  stipulation  to  be  inserted  in  the  concordat,  which 
would  extend  to  him  the  benefits  no  longer  granted  by  Georgetown  College.      Secular 
clerics,  not  being  admitted  to  fraternize  with  the  Jesuit  scholastics,  after  the  manner 
of  diocesan  seminarians,  were  entirely  out  of  place  in  this  lay  boarding  institution 
conducted  by  the  Society. 

8  Cf.  Nos.  113,  R,  p.  376  ;  178,  U2,  p.  852. 
8  Cf.  No.  162,  Q. 

10  These  were  supplied  by  a  legacy,  apparently  from  the  novice  Divoffs  estate.    See 
No.  135,  A,  note  8. 

11  Cf.  No.  119,  [AY.],  p.  456,  Marecha.1  on  the  "problem,"  why  such  a  situation 
should  have  been  chosen. 


§  1 6]       No.  188,  K.     CARROLL   AND  A    CONCORDAT,    1814,   1815         945 

Carroll's  sketch  of  the   proposed   Concordat   'between   the    Ordinary  of 
Baltimore  and  the  Society  in  the  diocese.     See  No.  178,  Y2. 

K.  1815,  April  24. 

Kohlmann,  White  Marsh,  24  Apr.,  1815,  to  Grassi.  Endorsed  by  Grassi : 
F.  Fen.  Br.  McEl.  Conselors.  Without  any  direct  reference  to  the  pro- 
jected concordat,  Kohlmann  delivers  a  forcible  pronouncement  against 
burying  the  Society  in  Maryland. 

Grassi's  misconception  of  an  opinion  expressed  by  Kohlmann  about 
abandoning  the  present  mission  in  New  York,  the  Literary  Institution  there 
having  already  been  closed. IZ  Kohlmann' s  real  opinion:  1.  From  every 
point  of  mew,  confinement  ivithin  the  State  of  Maryland  would  be  a  true 
misfortune  for  the  Society,  and  would  deprive  it  of  any  prospect  of 
success.  Reasons ;  among  which  are  the  following  :  because  ours  are  more 
apt  to  loose  the  spirit  of  their  vocation  by  man[a]ging  plantations  which 
scarce  afford  them  an  honest  support ;  whilst,  provided  for  amply  in 
other  States,  they  might  employ  themselves  altogether  in  the  functions  of 
their  vocation,  with  much  less  trouble  and  more  fruit.  No  vocations  to 
the  Order  in  Maryland.  2.  The  State  of  N.  Y.  is  of  greater  importance 
to  the  Society  than  all  the  other  States  together.  Next  in  importance  is 
Pennsylvania.  If  we  be  doomed  to  be  confined  to  the  State  of  Maryland, 
y^  Revc.e  will  have  soon  a  professor  of  Rhetoric  [at  Georgetown]  without 
rhetors,13  a  master  of  novices  without  novices.  5.  A  mere  mission  in  New 
York  is  not  enough ;  a  solid  footing  should  be  obtained,  with  a  house  of 
education.  4.  Georgetown  College  should  be  transferred  bodily  to  New  York  ; 
and  its  place  occupied  by  the  novitiate.  When  there  was  question  of  suppress- 
ing one  college  or  another,  that  [of  Georgetown]  ought  to  have  been 
sacrificed  in  preference  to  the  other,  the  Literary  Institution  at  New  York. 
Kohlmann  commends  Benedict  Femvick  and  the  lay  brother  McElroy  for  the 
expression  of  a  sound  opinion  on  the  subject.™ 

18  Kohlmann  himself  had  just  been  withdraivn,  and  made  master  of  novices  at 
White  Marsh.  Benedict  Fenwick  with  Malou  remained  in  New  York. 

13  Kohlmann  refers  apparently  to  the  Jesuit  scholastics  or  "  Juniors,"  who  reviewed 
their  literary  studies  after  the  novitiate,  in  a  course  of  "  Second  Rhetoric." 

14  Cf.  No.  180,  A,  Eev.  Simon  Brute"  writing  from  Baltimore  (6  Feb.,  1817),  and 
expressing  substantially  the  same  opinion  as  Kohlmann  here.     Some  temporal  effects  of 
the  policy,  which  Grassi  was  now  about  to  fix  more  firmly  by  his  concordat  with  the 
Ordinary  of  Baltimore,  had  already  appeared  in  the  decline  of  the  farms  managed  by 
missionaries   (cf.  No.  179,  W).     The  results  became  much  more  serious  afterwards 
(cf.  No.  180,  N,  Q).     Compare  the  criticisms  of  De  Earth  and  of  Father  Adam 
Marshall  (Nos.  109,  D  ;  110,  E-G ;  135,  A,  note  3,  ad  fin.) ;  as  also  the  debit  and 
credit  of  the  farms,  with  other  items  (No.  114,  D-L). 

Some  six  weeks  after  the  date  of  the  present  letter,  Kohlmann  enlarges  on  a  number 
of  counts  against  the  predominance  of  the  Ncales  in  directing  the  policy  of  the  Jesuits 
(cf.  No.  115,  note  2,  pp.  389,  390).  His  language  is  as  trenchant  as  before.  He 
says  to  Grassi :  Your  inferiors  are  forced  to  behold  that  the  same  plan  of  policy  is 
always  pursuing,  and  that,  instead  of  getting  a  footing  at  N.Y.,  there  appears  a 
determined  disposition  to  recall  all  ours  to  a  State  the  worst  and  poorest  in  the 
Union,  a  State  from  which  even  seculars  retire  into  the  wilderness  of  Kentucky,  a 
State  in  which  immense  labours  must  be  undergone,  little  go[od]  is  done,  as  is 


946       No.  188,  L-N.     CARKOLL   AND  A    CONCORDAT,  1814,   1815        [VI 

^.  1815,  May  19. 

Carroll,  Baltimore,  19  May,  1815,  to  Grassi.  At  the  end  of  a  letter 
on  Georgetown  and  other  a/airs,  he  settles  the  date  for  a  conference,  at 
which  the  concordat  can  be  adjusted.  See  No.  178,  A3. 

.  .  .  You  once  or  twice  desired  me  to  designate  the  congns  in  Maryland, 
which  are  henceforth  to  be  committed,  exclusively,  to  the  members  of  the 
Society.  To  do  this  correctly,  requires  a  joint  conference  with  B?  Neale, 
you  and  some  more  of  our  Brethren. 

Many  other  subjects  are  reserved  to  that  time  ;  and  next  week  I  hope 
to  see  you,  if  it  please  God  to  give  us  better  weaker]  for  the  improve- 
ment of  the  roads.  .  .  . 

There  are  extant  only  three  more  letters  from  Archbishop  Carroll  to 
Grassi.  The  'business  of  the  concordat  does  not  appear  in  them,  ; 
nor  do  we  find  an  allusion  to  it  in  the  documents  here  subjoined. 
Whether  the  conference  was  held,  or  what  was  the  issue  of  it,  we 
cannot  infer.  And  we  do  not  find  any  more  letters  of  Grassi,  till 
the  date  of  the  archbishop's  death  in  December  of  the  current  year, 


M.  1815,  May  30. 

Proceedings  of  the  Corporation,  30  May,  1815,  Georgetoivn  College. 

TJie  departure  of  Biiouzey  and  the  death  of  Plivnlcett,  having  reduced  the 
number  of  Trustees,  necessitate  the  election  of  a  new  Board  by  the  Repre- 
sentatives of  the  Select  Bodi/.  See  No.  179,  X. 

N.  1815,  June  1. 

Carroll,  Washington,  1  June,  1815,  to  Enoch  Fenwick,  Baltimore. 
.  .  .  We  did  little  business  at  G.  Town  ;  not  because  there  was  not 
plenty  of  it  before  us  ;   and  some   of  it  of  considerable  moment  ;  but 

known  from  experience  and  the  avowal  of  all  missionaries,  in  which  the  Society  will 
be  eternally  buried  as  in  a  tomb,  there  being  no  kind  of  energy,  of  public  spirit,  or 
room  for  exertion,  to  a  State  in  which  our  Fathers  must  become  farmers  contrary  to 
their  vocation,  loose  their  spirit,  and  [be]  starved  to  death  by  -  -  ,  witness  of  this 
F.  Henry,  M.  Wouters,  F.  Epinette  and  Carry  —  y.  inferiors,  I  say,  observing  this 
cannot  but  grieve  the  more,  the  greater  a  love  and  interest  they  have  for  the  Society. 
(Md.-N.  Y.  Province  Archives,  1815,  June  9,  Kolilmann,  White  Marsh,  to  Grassi  ; 
5  pp.  4to.  Endorsed  by  Grassi  :  Neale  influence,  etc.)  This  arraignment  was 
delivered  when  the  Jesuits  were  still  in  the  peaceable  enjoyment  of  their  poverty- 
stricken  farms,  of  ivhich  Kolilmann  goes  on  to  say  :  As  to  F.  Francis  [Neale],  the 
whole  Society  is  so  convinced  of  his  attachment  to  his  blessed  farmes,  that,  if  whole 
N.Y.  were  offered  to  him,  he  would  not  accept  it  in  exchange  for  them. 

15  Considering  that  the  Concordat  between  the  new  Archbishop  L.  Neale  and  Grassi, 
signed  in  the  following  April,  deviates  from  a  condition  emphatically  laid  down  by 
Carroll  (No.  178,  Y2,  ad  note  119),  we  might  surmise  that,  if  the  conference  was  held, 
the  opinions  of  L.  Neale  and  Carroll  were  too  divergent  for  the  latter  to  act  in  the 
premises.  Besides,  if  he  conferred  with  Grassi  on  his  desire  to  obtain  places  at  George- 
toivn for  secular  clerics  who  should  live  with  the  scholastics  of  the  Society,  whether 
rhetors,  philosopliers,  or  theologians,  he  could  not  have  received  satisfaction.  See  No. 
178,  notes  134,  135  ;  also  ibid.,  note  130. 


§  16]        No.  188,  0.     CARROLL   AND  A    CONCORDAT,  1814,   1815          947 

because  it  was  judged  inexpedient  to  proceed  on  it  with  a  Board  so 
reduced.  Mr.  Matthews  therefore  was  requested  to  summon  immediately 
a  meeting  of  the  Representatives,  of  which  you  will  have  notice  from  him. 
My  absence  from  Baltimore  need  not  be  an  obstacle  to  your  coming,  and 
remaining  three  or  four  days  in  a  case  so  necessary.  Messrs.  Mertz  and 
Babade  will  supply  Fenwick's  place.  We  had  with  us,  at  the  College, 
Messrs.  Chs.  Neale,  Baker  Brook,  Fr.  John  Fenwick,  Mr.  Notley  Young, 
Messrs.  Matthews,  Vernes,  Anthony  Kohlman,  besides  the  Bishop  of 
Gortyna  [L.  Neale],  and  the  G".  [Gentlemen]  of  the  College  itself.  Items 
of  information  about  Benedict  Craddock,  Carroll's  new  manager  at  Bohemia, 
about  Pasquet,  Father  Benedict  Fenwick,  New  York,  etc. 

0.  1815,  June  29. 

Proceedings  of  the  Corporation,  29  June,  1S15,  Georgetown  College. 

Swearing  in  of  the  new  Board,  Bishops  Carroll  and  Neale,  Francis 
Neale  and  Maleve.  Business  of  Pasquet,  Notley  Young,  Ashton's  will,  etc. 
See  No.  179,  Y.lfi 

Grassi's  Diary  records  the  steps  taken  in  establishing  the  Jesuit  house 
at  Washington.  The  foundation  of  the  novitiate  had  Carroll 's 
approval  and  sanction ; 17  and,  if  there  was  any  disagreement 
between  the  archbishop  and  his  coadjutor  as  to  the  future  status  of 
the  Society  in  the  capital,  it  did  not  interfere  with  the  harmonious 
execution  of  the  plan.  The  project  had  started  immediately  after 
the  announcement  of  the  Society's  restoration,  the  Rev.  Mr. 
Matthews  asking  for  the  co-operation  of  the  Jesuits  in  Washington 
(%2  Dec.,  181 4).  The  foundation-stone  was  laid  TJIJ  Bishop  Neale 
at  the  moment  when  the  archbishop  was  expected  at  Georgetown 
for  the  conference  (3 4  May,  1815).  Three  weeks  afterwards,  the 
necessary  deeds  were  delivered  by  Mr.  Matthews  (13  June).  Myr. 
Marechal  says  that  Matthews  also  made  a  will  in  favour  of  the 
Jesuits.1* 

10  This  was  the  last  meeting  of  the  Board  before  Archbishop  Carroll's  death. 

17  No.  188,  H. 

18  No.  119,  [ix.],  p.  456.     With  this  consensus  of  ecclesiastical  authorities,  at  a  time 
when  Marechal  was  not  as  yet  Vicar  General,  compare  his  own  account  of  the  trans- 
actions (ibid.,  pp.  455,  456).      He  says  that  Matthews  subsequently  destroyed  the  will, 
and  took  other  measures.     This  would  seem  to  be  when  Marechal  had  become  Ordinary. 
Hoircvcr,  four  months  after  the  decease  of  L.  Neale,  Matthews  is  seen  to  be  still  work- 
ing Jiarmoniously  with  the  Jesuit  Representatives  and  Trustees,  he  himself  being  one 
of  a  select  committee  on  the  very  subject  of  the  Neale-Grassi  Concordat  (No.  180,  N, 
121.1 ;  15  Oct.,  1817).    His  views  on  Marechal' s  policy  towards  the  Society,  as  expressed 
some  eleven  years  later,  are  given  in  No.  214,  H.    His  reflections,  supposing  that  he 
was  consistent  throughout,  do  not  agree  ivith  the  tenor  of  Marechal' s  account  (supra, 
p.  456). 


948     Nos.  188,  P;  189.     THE  NEALE-GRASSI  CONCORDAT,    1816       [VI 

P.  1814,  December— 1815,  June. 

Grassi's  Diary  on  the  establishment  in  Washington  City.     Extracts. 

1814,  Dec.  9.     Receipt  of  the  Papal  Bull,  restoring  the  Society  through- 
out the  icorld. 

Dec.  22.     Giov.     Andai  alia  City.     Mr.  Mathews  chiese  la  Comp* 

1815.  Genn°  19.     Giovedi.     Giunse  il  P.  Kohlm.  da  N.  Y.,  e  Mr. 
Brute". 

Feb.  14.  Martedi.  Ricevei  lettere  dal  P.  GIe,  Mr.  Cross  [Tristram],  Q 
dal  P.  Nicola  [Sewall],  col  Breve  stampato. 

Feb.  16.  Giov.  Andai  a  White  Marsh,  dove  i  No  vizi  aveano  giorno 
di  respiro  etc.  Progetto  di  aver  il  Novizto  a  Whasington  etc. 

Marz.  17.  Andai  alia  City  e  parlai  con  Mr.  Mathews  &  Capt. 
Hoban  sulla  fabrica  etc. 

Apr.  1 2.     Merc.  Andai  alia  City,  vidi  Mr.  Mathews  e  Lambert  etc. 

Apr.  14.  Mr.  Harburt,  the  architect  of  this  College,  venne  qui  a 
pranzo. 

Maggio  2.     Andai  alia  City  per  vedere  Mr.  Mathews  etc. 

Magg.  23.  Mart.  Si  pranzo  presso  Mr.  Seems.  Andai  alia  Citta 
per  sapere  circa  la  prima  pietra  del  noviziato  etc.,  per  in vi tare  il  Ves? 
Neale  etc. 

Magg.  24.  Merc.  Oggi  alle  9|  fu  messa  la  prima  pietra  pel 
No  viz'?  in  Vashington  sotto  la  quale  fu  posta  una  reliquia  di  S.  Luigi,  e  di 
un  S.  Martire  coll'iscriz6.  dell'anno  etc.  etc. 

Magg,  29.  A  pranzo  ci  fu  1'Arch0,  il  Ves°,  MM.  Wemys  [Semmes  ?], 
Mathews  etc. 

Giugno  13.  Mart.  Le  Tour  lascio  il  figliuolo  al  Coll0  Mr.  Mathews 
gave  us  the  deeds  etc. 

Giugno  29.     Meeting  of  the  Trustees  etc. 

Md.-N.  Y.  Province  Archives,  1814,  Dec.  7,  E.  FenwicJc,  Baltimore,  to 
(Grassi),  Georgetown.  Ibid.,  Carroll,  Baltimore,  to  Grassi  :  (1814),  Dec.  10-11, 
2  pp.  4to,  No.  171  ;  1814,  Dec.  17,  3  pp.  4to,  No.  172 ;  1814,  Dec.  27,  3  pp.  4to, 
No.  173;  1815,  Feb.  21,  5  pp.  4to,  No.  174;  1815,  Mar.  16,  2  pp.  4to,  No.  175 ; 
1815,  Mar.  31,  3  pp.  4to,  No.  176 ;  1815,  May  19,  3  pp.  4to,  No.  178.  Ibid., 
1815,  June  1,  Carroll,  Washington,  to  E.  Fenwick,  Baltimore;  3  pp.  4to, 
No.  179.  Ibid.,  1815,  Mar.  (4),  prima  die  Nov[enae]  S.  Fr.  Xav.,  Grassi, 
Georgetown,  to  Kohlmann  (New  York) ;  1  pp.  4to  (a  rare  instance  of  a  letter 
received  by  Kohlmann  having  been  preserved).  Ibid.,  1815,  Mar.  10,  Grassi, 
Georgetown,  to  Father  Gary.  Ibid.,  1815,  Apr.  24,  Kohlmann,  WJiitc  Marsh,  to 
Grassi;  3  pp.  4to. — General  Archives  S.J.,  Diario  del  P.  Giov.  Ant.  Grassi, 
1804-1822  (No.  632);  small  8vo,  stout  vol.  of  quires  piit  together;  followed  by 
the  continuation,  1823-1832  (No.  633). 

No.  189.  1816,  April. 

The  Neale-Grassi  Concordat :  minutes,  text,  and  execution  of  it.  We 
find  in  the  General  Archives  S.J.,  a  qiiarto  sheet  of  paper,  with  a 
list  written  partly  in  what  is  clearly  Arclibisliop  Leonard  Neale' s 
hand,  and  partly  in  Father  Grassi's.  Tlie  title  has  the  air  of 


§  1 6]          No.  189,  A.     THE   NEALE-GRASSI  CONCORDAT,    1816 


949 


signifying  the  will  and  intention  of  the  Ordinary  in  an  act  of 
diocesan  administration :  "  The  Eoman  Catholic  Congregations 
committed  to  the  solicitude  and  care  of  the  Fathers  of  the  Society 
of  Jesus."  It  is  a  list  much  more  in  detail  than  the  Concordat 
itself;  which  however,  though  more  summary,  is  more  compre- 
hensive. We  take  this  document  to  le  part  of  the  minutes  for 
drawing  up  the  Concordat. 

A.  (1816-) 

Congregationes  Koinano-Catholicae  sollicitudini  et  curae 
PP.  Societatis  Jesu  commissae. 

\F.  recto,  1st  col.]         In  Comitatu  Principis  Georgii. 

1°.  Ecclesia  in  Praedio  vulgo  White  Marsh. 

2"  Annapolis.  Sacellum  in  superiore  contignatione  privatae 

domus.  15  \_nnles \ 

3°.  Praedium  D".!  Young,  quo  conveniunt  catholici  vicinitatis 

multis  milliaribus  distantes.  6  ,, 

4°  Congregatio  vulgo  Dni  Diggs.  Sacellum  in  superiore  con- 
tignatione domus.  20  ,, 

5°  Congregatio  vulgo  Boone's  Chapel.'b)  25     „ 

6°  Congregatio  vulgo  Piscataway.  15  [?]     ,, 

1°.  Congregatio  vulgo  Mattawoman.  10     ,, 

In  Comitatu  Caroli. 

1°.  Ecclesia  in  Praedio  St.  Thornae. 

2°  Cong,  vulgo  Pomphret.  12  ,, 

3°.  Cong,  vulgo  Cornwallis  neck.  16  ,, 

4"  Cong.  Cedar  Point.     Nulla  ibi  ecclesia. (c| 

5°  Cong,  vulgo  Chikorno[e  ?]xen.     Nulla  ibi  ecclesia.  20  ,, 

6°  Cong.  New  Port.  10  „ 

7°  Cong.  Cob-neck.  20  ,, 

8°.  Cong.  Upper  Zachiah.  18  ,, 

9°  Cong.  Lower  Zachiah.(d|  18  „ 

In  Comitatu  S.  Mariae. 

1°  Ecclesia  in  Praedio  vulgo  Newtown. 

2°.  Cong.    Nostrae    Dominae    vulgo    Meddley's    Neck,    ultra 

fiume.(e)  12     „ 

3°  Cong.  Sti.  Joannis.  12 

4°  Cong.  Sti.  Aloysii.  6 


(;i)  The  numbers  for  distance  (in  miles')  are  added  in  Orassi's  hand. 

(b)  lfan>/  of  the  names  of  places  are  underlined  by  L.  Nealc. 

(c)  .  .  .  Nanjemoy,  added  and  erased  l>y  Grassi. 

(d)  109  Mathewoman,  added  and  erased  by  Grassi. 
(,e)  Ultra  flume,  added  in  Orassi's  hand. 


» 

» 


950  No.  189,  A.      THE  NEALE-GRASSI  CONCORDAT,    1816  [VI 

[2nd  col.} 

5°.  Cong.  Sti.  Joseph!.  12  [miles] 

6°  Cong.  Sacratiss.  Cordis.  12       „ 

1°.  Parva  Cong,  trans  flurnen  vulgo  Patuxent. 
8°  Ecclesia  in  Praedio  Sti.  Inigos. 
9°  Cong.  Sti.  Nicholai.'" 

In  Districtu  Columbiae. 

Ecclesia  Sti.  Patritii  in  Urbe  Washington  pri[n]p  [?]  Ecclesia 

St.  Mariae  ibidem. 

Ecclesia  Quin  [Queen  ?]  distat  4  milliaribus. 
Ecclesia  Georgiopoli,  non  procul  a  Coll° 

Ecclesia  Alexandriae  in  Virginia.  8       „ 

Ecclesia  Rockcreek,  Montgomery  County.  10       „ 

Philadelphiae  Ecclesia  S.  Jos.  &  dom. 
In  Pensylvania  Ecclesia  et  praedium  Cochenhoben. 

In  Eastren  Shores[!]. 

S.  Fran.  Xav.  seu  Bohemia. 
S.  Joseph. 

Lancaster. 
Elizabet  Town. 
Mont  Libanon. 
Harrisburg. 
Sunbury. 
Chester  C* 
Little  Britan. 

[F.  verso,  1st  col.~\  Conevago. 

Ecclesia  praedii. 
E.  Carlisle. 
E.  York. 
Little  Town. 
Brand-Sacellum. 
South  Mountains. 

[2nd  col.']  7.  Maleve. 

g.  J.  8.  Fenwick  E. 

p.  p.  9.  Fenwick  B. 

1.  Grassi.  10.  Vallace. 

2.  Car.  Neale.  11.  Gary. 

3.  Fr.  Neale.  12.  Britt. 

4.  Ant.  Kohlman.  13.  P.  Kohlman. 

5.  Epiuette.  14.  Lekeu  Novit. 

6.  Henry.  15-  D'Etheux  Novit.  [De  Tlieux] 

(f)  Thus  far  the  handwriting  of  Archbishop  JVeafe.     All  the  rent  is  in  Grassi's  hand. 


§  1 6]          No.  189,  A.     THE  NEALE-GRASSI  CONCORDAT,    1816  951 


16.  Edlen. 

17.  Malou. 

18.  Rantzau. 

19.  De  Earth. 

20.  Marshall. 

21.  Bescheter. 

22.  Wanvekel."" 

24.  Baxter. 

25.  McElroy. 


Scholastici. 


1.  Baxter.00 

2.  Downing. 

3.  Walsh. 

4.  Neil. 

5.  Adanis. 

6.  Combs. 

7.  Dubuisson. 

8.  Dempsey. 

9.  Durkee. 

10.  G.  Fenwick. 

11.  Finigan. 

12.  Gough. 

13.  Liddle. 

14.  Mullady. 

15.  Mudd. 

16.  McSherry. 

17.  Pise. 

18.  Schmitt. 

19.  Shneller. 

20.  Young. 

21.  McElroy. (J) 

22.  Eider. 


FF.  Goad.  temp. 

1.  Baron  H.[?J 

2.  Drain. 

3.  E.  Fenwick. 

4.  Kiernen. 

5.  Lynch. 

6.  Marshall. 

7.  Moberly. 

8.  Mullen. 

9.  McLaughlin 

10.  0  Conor. 

11.  0  Hare.(k> 

13.  Eedmond. 

14.  Eeislruan. 

15.  Sweeney. 


Novitii  Sch. 


C.  Newton. 

Murphy. 

O'Brien. 


FF. 


Hearth  [Heard]. 
Kelley. 


Mead. 
Sullivan. 


Priests 
Scholast. 
Brths. 
Novit. 


22 

22 

15 

6 

65 


General  Archives  S.J.,  Maryl.  Epist.,  1,  ii.  ;  lists  of  stations  and  members 
S.J.,  without  date  or  signature. 

The  Jirst  part  of  the  document  omits  among  missionary  stations  that  of 
New   York.     In  the  second  part,  the  name  of  Louis  De  Bartli 

(g)  No.  ;.'..'  wanting. 

(,h)  Baxter  cancelled  because  transferred. 
(j)  McElroy  cancelled  because  transferred. 
(k)  ffo.  12  wanting. 

1  This  siim  was  made  before  Baxter  and  McElroy  were  passed  over  to  the  list  of 
priests.  The  number  of  brothers  is  in  excess  by  one.  Mead  and  Sullivan  were  added 
to  the  novice-brothers  after  the  sum  had  been  counted  up.  Since  Heard  is  registered  in 
the  catalogues  as  having  entered  the  Society  28  Dec.,  1S16,  ths  list  of  persons  would 
seem  to  be  a  memorandum  later  than  the  minutes  of  the  stations. 


952        No.  189,  B,  C.     THE   NEALE-GRASSI  CONCORDAT,    1816          [VI 

appears ;  but  practically  he  was  never  more  than  a  candidate  for 
the  Society. 

For  the  service  of  the  forty-Jive  stations  thus  enumerated,  besides  other 
places  in  Virginia,  the  distribution  of  the  twenty-two  men  will 
appear  in  lists  given  below  (No.  190,  E).  Several  of  these  Fathers 
were  also  directors  or  professors  in  the  college  at  Georgetown. 

B.  1816,  April  2,  3. 

Grassi's  Diary,  2,  3  Apr.,  1816.  He  wrote  out  the  Concordat,  which  was 
then  concluded  between  the  archbishop  and  himself. 

1816.  Apr.  2.  Scrissi  il  concordats  tra  me  e  1'Arch.  per  le  missioni, 
etc. 

3.  Oggi  si  fini  la  convenzione  tra  Mr.  1'Archi.  e  me  per  le  missioni  che 
i  nr.'  [nos/n]  devono  avere. 

C.  1816,  April  3. 

Text  of  the  Neale-Grassi  Concordat,  3  Apr.,  1816. 

An  Arrangement  made  by  the  Most  Rev.  Leonard  Neale,  Archbishop 
of  Baltimore,  with  the  Superiour  of  the  Society  of  Jesus,  regulating  the 
Missions  of  the  said  Society  within  his  Diocese. 

The  Most  Eev.  John  Carroll,  late  Archbishop  of  Baltimore,  intended 
to  determine,  together  with  the  Superior  of  the  Religious  of  the  Society  of 
Jesus  in  North  America,  what  stations  or  missions  were  to  be  assigned  to  be 
permanently  under  the  spiritual  care  of  the  Religious  of  the  Society  of  Jesus, 
according  to  their  Institute.2  But,  as  by  his  continual  occupation  and  at 
last  by  his  lamented  death,  he  was  prevented  from  doing  it  in  an  authentic 
manner,  his  successor  the  Most  Rev.  Leonard  Neale,  actually  Archbishop 
of  Baltimore,  agreed  with  the  Eev.  Father  John  Grassi,  Superior  of  the 
Religious  of  the  Society  of  Jesus  in  this  country,  to  come  to  a  proper  con- 
clusion of  this  affair,  being  as  convinced  as  his  worthy  predecessor  was 
that  such  an  arrangement  is  and  will  always  be  for  the  real  good  of  his 
diocese,  as  it  tends  to  diminish  in  an  advantageous  manner  the  burden  of 
episcopal  duties,  and  will  enable  the  Religious  of  the  Society  of  Jesus  to 
exercise  their  functions  iboth  in  perfect  understanding  with  episcopal 
authority,  and  in  exact  compliance  with  the  obedience  they  owe  to  their 
Superiors,  as  it  is  prescribed  by  their  laudable  Institute. 

In  consequence  of  these  considerations,  by  mutual  agreement  between 
the  Most  Rev.  Leonard  Neale,  Archbishop  of  Baltimore,  and  the  Rev. 
Father  John  Grassi,  Superior  of  the  Society  of  Jesus  in  North  America, 
the  missions  and  congregations  of  Saint  Inagoes,  Newtown,  St.  Thomas's 

z  According  to  their  Institute :  the  meaning  is :  "  subject  to  conditions  in  accord- 
ance with  their  Institute.1'  Compare  the  last  clause  of  this  paragraph.  Otherwise,  on 
the  face  of  it,  the  passage  would  imply  that  the  acceptance  of  stations  to  which  a 
parochial  care  of  souls  was  attached  had  the  endorsement  of  the  Jesuit  Institute.  Such 
an  implication  would  be  incorrect.  Cf.  No.  135,  Q,  10"?° 


§   1 6]          ATo.  189,  C.     THE  NEALE-GRASSI  CONCORDAT,    1816  953 

with  their  dependencies  ;  White  Marsh,  Harford,  Bohemia  and  St.  Joseph 
in  the  Eastern  shores  [!],  also  Fredericktown,  with  their  dependencies, 
are  now  restored  as  [iliey~\  formerly  were,  and  put  again  permanently 
under  the  spiritual  care  of  the  Religious  of  the  Society  of  Jesus.  Like- 
wise the  missions  and  congregations  of  Georgetown  and  Alexandria, 
District  of  Columbia,  St.  Patrick's  Church  in  Washington  City,  with 
Queen's  Chapel  and  Eockcreek  Congregation,  are  assigned  and  given  to  be 
permanently  in  the  spiritual  care  of  the  Religious  of  the  Society  of  Jesus, 
according  to  their  Institute. 

In  case  that  it  should  not  be  in  the  power  of  the  Superior  of  the 
Society  of  Jesus  in  this  country  to  send  any  of  his  Religious,  and  he  could 
procure  other  Priests  duly  qualified,  it  will  be  lawful  for  him  to  send  them 
on  the  said  missions  with  the  approbation  of  the  Most  Rev.  Archbishop. 
Should  it  happen  that  no  Priest  could  be  found  to  supply  the  said  missions, 
the  Superior  of  the  Religious  of  the  Society  of  Jesus  will  give  notice  to 
the  Most  Rev.  Archbishop,  and  adopt  with  his  concurrence  the  most 
proper  measures  to  provide  for  the  exigency  of  the  missions. 

In  confirmation  of  this  mutual  agreement,  which  is  intended  to  have 
the  force  of  an  instrument  regulating  in  future,  this  writing  is  signed  by 
both  parties. 

Georgetown,  Distf  of  O,  April  the  third,  A.D.  1816. 

+  LEON"  ABshB.  of  Baltr? 

JOHN  GRASSI,  Supr  of  the  Religu.s  of  the  Socty 
of  J.  in  North  America. 

J.  W.  BESCHTER,  Secret".5 

General  Archives  S.J.,  Diario  del  P.  Giov.  Ant.  Grassi,  1804-1822  (No.  632), 
as  above,  No.  188,  p.  948. — Md.-N.  Y.  Province  Archives,  3,  Neale-Grassi 
Concordat,  3  Api\,  1816 ;  large  4to  parchment,  signed  autograph  by  the  parties 
and  the  secretary,  the  text  being  in  Grassi 's  hand. 

This  mutual  agreement,  which  is  intended  to  have  the  force  of  an 
instrument  regulating  in  future,  and  is  signed  in  due  form  with 
a  witness,  restores  one  set  of  stations  as  they  formerly  were,3 
while  it  places  a  new  set  on  the  same  footing,  loth  to  be  perma- 
nently under  the  spiritual  care  of  the  Eeligious  of  the  Society 
of  Jesus.  It  agrees  with  Carroll's  original  proposal*  The 
arrangement  is  practically  that  of  committing  what  the  late  arch- 
Ushop  called  the  pastoral  care  and  controul 5  to  the  care  of  a 
Vicar  General ;  just  as  the  Jesuit  or  ex- Jesuit  head  of  the  old 
Maryland  Mission,  whether  as  Vicar  General  or  not,®  had  made 

3  Cf.  No.  120,  5  ,  note  4. 
*  No.  178,  Y2. 

5  Ibid. 

6  Compare  Father  Ferdinand  Farmer,  29  Jan.,  1778,  to  Father  Christian  Mayer  : 
"  After  the  Suppression  all  our  missionaries  remained  in  their  own  places  and  offices 
(I  speak  of  Pennsylvania  and  Maryland) ;  yes,  and  they  continued  their  manner  of 

VOL.  I.  3   Q 


954          No.  189,  D.     THE  NEALE-GRASSI  CONCORDAT,    1816  [VI 

his  appointments  to  stations  which  he  governed,  and  the   Vicar 
Apostolic  of  London  did  not  concern  himself  therewith. 

The  new  stations  assigned  in  Maryland  or  the  District  of  Columbia 
had,  according  to  Carroll,  the  same  reasons  for  being  attributed  to 
members  of  the  Society,  as  the  old  congregations  which  were  to  be 
restored:  Those  congregations  will  naturally  be  attributed  to 
them  which  are  convenient  to  their  estates ;  likewise  the 
College  of  G.  T.  [Trinity  Church],  the  city  of  Washington, 
Alexandria,  Frederic  Town  and  others,7  posts  already  served 
by  the  Fathers,  or  practically  dependent  on  Jesuit  centres  near. 

The  only  point  in  the  Concordat  at  variance  with  Carroll's  intention 
was  that  by  which  the  assignment  of  St.  Patrick's  Church, 
Washington,  was  not  subjected  to  the  limitation  of  reserving  to 
the  Ordinary  the  appointment  of  the  Rector  of  the  parish  in 
the  capital  city  of  the  United  States.  He  had  explained  the 
reasons  for  this  intended  reservation.91 

B.  1817,  October  16. 

The  Concordat  in  operation.  After  the  death  of  Archbishop  Neale,  a 
committee  of  the  Select  Clergy  examined  the  effect  of  the  foregoing  Concordat 
on  the  relations  between  the  Ordinary  of  Baltimore  and  the  Superior  of  the 
Jesuits,  in  the  matter  of  appointing  managers  and  pastors  for  the  Jesuit, 
estates.9  W.  Matthews,  pastor  of  St.  Patrick's  Church,  Washington,  was  one 
of  the  two  designated  to  form  the  committee.  The  decision  was  that  the  Con- 
cordat had  substituted  the  Superior  for  the  Ordinary,  since  the  said  Superior 
had  been  invested  icitli  the  spiritual  jurisdiction  at  these  missionary  centres  : 

.  .  .  The  committee  [the  Rev.  Enoch  Fenwiclc  and  the  Rev.  William 
Matthews],  to  whom  the  above  was  referred,  are  of  opinion,  ...  as  the  late 
Most  Rev.  Archbishop  has  ceded  to  the  existing  Superior  10  the  spiritual 
jurisdiction  of  said  estates,  that  the  Superior  of  the  said  Society  be  hence- 
forward substituted  for  the  Bishop.  See  text,  No.  180,  N,  12?" 

The  archbishop  who  had  signed  the  Concordat  ivas  deceased.  The 
Superior  Grassi,  who  had  signed  it  with  him,  was  in  Home. 
Wm.  Matthews  occupied  the  post  in  Washington,  which  Carroll 

life,  with  the  single  change  of  the  office  of  Provincial  [Mission  Superior  ?]  into  that  of 
Vicar  General."  (English  Province  Archives,  portfolio  6,  f.  9".  ,  Copia  epistolae  R.  P. 
Ferdinandi  Farmer  to  C.  Mayer,  Mannheim;  in  letter  of  Father  Mayer,  22  Apr., 
1778,  addressed  apparently  to  the  president  of  the  Academy  at  Liege ;  in  Latin.) 

7  No.  178,  Y*. 

8  Ibid. 

'•>  No.  168,  A,  17? 

10  At  this  moment,  Charles  Neale,  Superior  pro  tern. 

11  Cf.  No.  119,  note  30. 


§  1 6]  No.  190.     ECCLESIASTICAL  STATUS,    1817-1822  955 

had  thought  was  likely  to  create  difficulties  under  the  instrument l" 
and  he  was  half  of  this  deliberating  committee.  The  decision 
rendered  by  him  and  his  colleague  treated  the  Concordat  as 
having  created  a  new  status  for  the  Jesuits  in  the  archdiocese 
of  Baltimore.  Clearly,  the  agreement  had  been  executed  and  was 
publicly  in  operation. 


No.  190.  1817-1822. 

The  ecclesiastical  status  in  general,  1817-1822  :  secular  and  regular. 
One  of  the  following  documents  (C)  reviews  the  whole  territory  of 
the  United  States.  Olhcnvisc,  the  matter  is  chiefly  about  Mary- 
land. As  to  the  seculars  and  regulars,  it  will  be  noted  that  the 
same  document  of  Marcchal  (C)  recognizes  in  a  certain  column 
the  existence  of  regulars ;  but  another  (A)  merges  them,  without 
distinction,  in  a  "  Catalogue  of  priests."  In  a  third  document 
(B)  he  states  that  he  has  "  obtained  from  the  Provincial  Superior" 
two  Jesuits ;  but  he  himself  has  "  despatched  "  them  to  Charleston, 
South  Carolina. 

As  to  the  forces  which  the  Society  had  at  its  command,  one  list  (D), 
taken  from  the  Catalogue  of  the  Russian  Province  for  1819, 
represents  the  status  for  1817.  Another  list  without  date  (E) 
shows  the  state  of  the  American  Mission,  probably  for  1822  ;  it 
could  not  be  later  than  the  beginning  of  1823,  in  which  year  the 
novitiate  at  White  Marsh  was  closed.  Both  of  these  lists  appear 
in  the  Propaganda  Archives,  evidently  in  connection  with  the 
controversy  begun  at  Rome  (1828). 

The  sum-total  of  priests  in  the  archdiocese  of  Baltimore 'for  ISIS  is  fifty  - 
three,  of  whom  twenty  were  Jesuits  (A).  The  others  included 
some  nine  Sulpicians,  who  were  engaged  chiefly  in  their  seminaries 
or  colleges  at  Baltimore  and  Mount  St.  Mary's,  Emmitsburg. 
This  would  leave  twenty-four  secular  priests  engaged  in  pastoral 
duties  of  the  archdiocese. 

Besides  the  twenty  Jesuits  in  Maryland  and  the  District  of  Columbia, 
there  were  six  others  employed  in  Pennsylvania,  and  in  New 
York  ;  and  Grassi,  then  in  Home,  not  being  as  yet  detached  from 
the  American  Mission  the  sum-total  of  Jesuit  priests  was  twenty  - 
seven.  Including  all  the  members,  scholastics,  novices,  and  brothers, 
the  Superior  Kohlmann  reported  to  the  General  for  the  beginning 

12  Nos.  178,  Y= ;  188,  J. 


956  No.  190,  A.     ECCLESIASTICAL   STATUS,    1817-1822  [VI 

of  1819  a  total  of  eighty-three,  of  whom  twenty-three  were 
novices? 

Co-operating  with  the  Jesuits  in  their  missions,  and  maintained  at  the 
expense,  of  ike  stations,  were  livelve  secular  priests,  as  appears  by 
document  E.  Their  position  was  the  same  as  that  of  any  curate 
or  pastor  in  a  parish?  It  is  observed  in  a  Nota  attached  to  D 
that,  among  the  secular  priests  working  at  Jesuit  stations,  some 
had  been  educated  in  Georgetown,  at  the  expense  of  the  College  or 
of  the  Society. 

Document  E  is  of  particular  interest  as  showing  the  amount  of  labour 
entailed  in  travelling  to  distant  stations  from  the  central  mission 
to  which  the  Jesuit  missionaries  were  attached.  These  journeys 
from  station  to  station  on  the  same  morning,  when  a,  second  Mass 
had  to  be  said,  a  sermon  preached,  and  confessions  heard,  imposed 
the  necessity  of  fasting  "  till  3  or  4  o'clock  in  the  afternoon,"  as 
Dzierozynski  'mentions  of  Father  Enoch  Fenwick  in  Charles 
County? 

A.  1818. 

Catalogue  of  priests  serving  in  the  Baltimore  diocese,  1818;  sent  with 
his  report  of  the  same  year  (infra,  B),  addressed  to  Card.  Litta,  Prefect  of 
the  Propaganda. 

1  General  Archives  S.J.,  Maryl.  Epist.,  2,  i.,  Kohlmann,  1  Mar.,  1819,  to  the 
General. 

•  Cf.  No.  119,  [TV/.],  Marcchal's  observations  on  the  unprovided  lot  of  secular 
priests  working  with  the  Jesuits;  where  he  also  speaks  of  his  "  sending  "  ecclesiastics  to 
the  missions  of  the  Fathers.  In  the  paragraph  deleted  (ibid.,  note  I'1) )  he  mentions  that 
they  received  80  dollars  (annually)  pour  lour  habillernent.  Cf.  No.  184,  C,  ad  note  12. 

3  "  The  archbishop  begged  me  some  little  while  ago  to  charge  one  of  our  Fathers  with 
the  care  of  two  congregations  deserted  by  a  parish  priest,  who  returned  to  England 
[Angier].  These  congregations  are  situated  in  Upper  and  Lower  Zacchia.  .  .  .  I  was 
constrained  to  impose  this  work  on  Father  Enoch  Fenwick,  who  every  Sunday  after 
saying  Mass  at  the  convent  [Port  Tobacco],  where  he  is  chaplain,  must  go  to  say 
another  Mass  and  preach  either  at  Loivcr  or  at  Upper  Zacchia,  or  to  a  third  congrega- 
tion at  Pomfret,  distant  respectively  six,  ten,  and  fourteen  miles  ;  and  so,  before  he  has 
finished  his  missionary  labours,  he  has  to  remain  fasting  till  3  or  4  o'clock  in  the 
afternoon.  These  and  similar  services  of  ours  do  not,  help  to  pacify  his  Grace.  To 
God  alone  be  the  glory.  We  are  not  offended  at  these  annoying  difficulties ;  nor  are 
we  averse  to  him ;  but  we  pray  for  him.  I  am  waylaid  by  many  other  manoeuvres  and 
artifices  of  the  same  prelate,  non  careo  aliis  pluribus  ejusdem  AEpi.  machinationibus 
et  factionibus ;  but  with  God's  protection  they  do  not  hurt  us ;  they  serve  to  bind  us 
together  in  greater  unanimity."  (General  Archives  S.J.,  Maryl.  Epist.,  3,  i.,  Dziero- 
zynski, 20  July,  1825,  to  Korycki,  the  General's  Secretary,  in  Polish,  with  Latin  excerpts 
or  translations.)  TJie  archbisliop's  letter  had  stated  that  Mr.  Angiers  had  returned  to 
England ;  many  of  Dzierozynski' s  missioncrs  were  quite  near  to  the  abandoned 
congregations  at  Upper  and  Lower  Zacchia.  Pourai-je  esp6ror  de  votre  zele  pour  le 
salut  des  ames  et  de  votre  cbarit6 — could  he  hope  that  one  of  them  would  be  charged 
with  a  ten  days'  excursion  per  month,  one  Sunday  at  Lower,  the  next  at  Upper 
Zacchia  ?  (Md.-N.  Y.  Province  Archives,  1825,  May  25,  Marechal  to  Dzierozynski ; 
2  pp.  4to.)  This  suggestion  seems  to  mean  that  the  chaplain  of  the  nuns  might 
transfer  his  quarters  for  ten  days  a  month,  so  as  to  be  at  the  two  stations  over  two 
Sundays. — Cf.  No.  135,  K,  p.  565  ;  over  30  stations  in  Maryland  attended  by  Jesuits. 


§  1 6] 


No.  190,  B.     ECCLESIASTICAL  STATUS,    1817-1822 


957 


Catalogus 

American! : 
Hickey  [S.S.].' 

E.  Fenwick  [S.J.] 
Smith. 

F.  Neale  [S.J.]. 
Cooper. 
Mathews. 
Young. 
Edelen  [S.J.]. 
Carbery  [S.J.]. 

B.  Fenwick  [S.J.]. 

Ch.  Neale  [S.J.]. 
I talus : 

Zocchy. 
Angli : 

Whitfield. 

Fairclough. 

Angier. 

Baxter  [S.J.]. 


Sacerdotum  in  Dioecesi 

Galli  : 

Tessier  [S.S.]. 

Deleol  [S.S.]. 

Jaubert  [S.S.]. 

Dauiphaux  [&$.]. 

Babade  [S.S.]. 

Bandanne  [$.£.]. 

Moranville. 

Du  Bois  [S.S.]. 

Brute  [S.S.].  ' 

Epinette  [S.J.]. 

Carey  [S.J.]. 

Lucas. 

de  Cloriviere. 

Vergnes. 
Germani : 

A.  Kolmau  [S.J.] 

P.  Kolman  [S.J.]. 

Mirtz. 


Baltimorensi,  1818. 

Hiberni : 

Mahoen  [Mahoney]. 
Kerney. 

Moynihan. 
Redmond. 
M.  Carroll. 

M.  Leroy  [McElroy,S.J.]. 
Tuomy. 
Ryan. 
Franklin. 
Monolly. 
Egan. 

Wallace  [S.J.]. 
Belgae : 

Henry  [S.J.]. 
Maleve  [S.J.]. 
Beshter  [S.J.]. 
de  Teux  [S.J.]. 
Vanquickborn  [S.J.]. 
Cousin  [S.J.]. 
Vanvikle  [S.J.].* 
Devos. 

B.  1818. 

Marcchal,  18  IS,  to  Card.  Litta;  his  first  report  of  the  archdiocese  to  the 
Propaganda. 

[F.  1.]  (a)  Eminentissime  Praesul. 

Redux  Baltimorem,  ex  visitatione  maximae  partis,  etc.  ...  In  mea 
Dioecesi  52  [!]  sunt  sacerdotes  sacrum  exerceutes  ministerium,  ex  variis 
nationibus  oriundi,  nempe  1  Italus,  3  Germani,  4  Angli,  7  Belgae,  12  [!] 
American!,  11  [!]  Hiberni,  denique  14  Galli.  .  .  . 

The  seminaries.  Georgetown  College.  The  European  priests.  Means 
of  subsistence  for  the  missionaries  and  himself.  Sec  No.  1 84,  A. 

As  to  the  Englishmen,  whose  names  are  seen  in  the  catalogue  above  (A), 
Marcchal  invited  one  of  them  to  come  from  England  [Whitfield],  and  he 
brought  over  with  him  two  friends  [Fairclough,  Angler]. 

[F.  Ov.]  Religious  convents  of  women  are  thriving  in  point  of  vocations, 
which  indeed  are  too  numerous  for  the  means  of  subsistence.  Arnericanae 
virgines,  quae  non  ita  pridem  vix  a  cachinno  [sc]  refrenare  poterant, 

(a)  See  No.  184,  A,  ad  note  (a). 

4  The  annotations,  identifying  the   members   of  the  Society  of  St.  Sulpicc,  are 
derived  from  the  Memorial  Volume  of  the  Centenary  of  St.  Mary's  Seminary  of  St. 
Sulpice,  Baltimore,  Md.,  1891. 

5  Cf.  No.  135,  B.     Van  Vcchcl  ceased  to  be  a  Jesuit  in  1818  or  1819. 


958  No.  190,  B.     ECCLESIASTICAL  STATUS,    1817-1822  [VI 

cum  audirent  Europeanos  de  monialibus  in  monasteriis  perpetuo  vi- 
ventibus  loquentes,  religiosam  vitam  ultro  nunc  amplectuntur  ;  he  must  see 
that  not  too  many  are  admitted,  out  of  proportion  with  the  means  of  the 
convents.  As  to  men,  the  difficulty  is  altogether  in  the  other  direction.  They 
are  deterred  from  embracing  the  ecclesiastical  state  by  the  celibacy  of  the 
priesthood,  the  length  of  studies  necessary,  and  the  poverty  of  the  missioners. 

[F.  18.]  Illuc  [Charleston,  S.C.]  misi  duos  praestantissimos  sacerdotes 
Societatis  Jesu,  unum  nations  Americanum  [B.  Fenwiclc],  alterum 
Hiberiium  [Wallace] ;  neque  eos  a  superiors  provinciali  obtinui  nisi  post 
multas  negotiationes.6  Utrum  isti  novi  pastores  poterunt  ad  pacem  et 
aliquem  religionis  sensum  reducere  illos  perditos  homines,  dicere  mihi 
irupossibile  est.  Nonien  quidera  Catholicorum  retinent,  sed  certissime 
sunt  ss.  nostrae  religionis  infensissimi  iniraici.  Mores,  principia  et  tur- 
bulentas  passiones  habent  quibus  agitabantur  illi  impii  homines,  qui 
in  nefanda  Galliae  revolutione  altaria  Christi  subvertere  conati  sunt 
(Jacobins).  Mittunt  quidera  Romam  nuntios,  sed  S.  Congregationis,  irno 
S.  Pontificis  authoritatem  aeque  ac  rnearn  summe  despiciunt. 

[F.  14v.~\  .  .  .  Eminentissime  Cardinalis 

Humillimus  ac  devotiss".3  servus 

+  AMB.  Arch.  Bait. 

Eminentiss?  Card!  Litta, 

Praefecto  Sa.e  Off  P.F. 

Propaganda  Archives,  and  Georgetown  College  Transcripts,  as  above, 
No.  184,  p.  918.  The  Catalogus  Sacerdotum  (A),  much  corrupted  in  the 
spelling,  is  attached  to  this  report  in  the  Georgetown  College  copy,  /.  14". 

In  the  subjoined  tableau  of  the  general  ecclesiastical  status  (1S21-1822) 
a  manifest  error  has  placed  the  number  18,  in  the  column  on 
Religious,  opposite  the  College  of  St.  Sulpicc,  Baltimore;  and  it 
has  been  corrected  here. 

If  the  numbers  of  students  in  the  colleges  have  not  been  likewise  mis- 
placed, Georgetown  College,  which  had  been  Jlourishing  signally 
under  Grassi's  administration,7  has  been  passed  over  without 
notice,  unless  the  excess  in  the  sums-total  supplies  the  deficiency. 

6  This  last  clause  has  the  tone  of  a  remonstrance  against  the  Superior,  as  if 
Marechal  had  a  right  to  obtain  what  men  he  chose.     If  he  regarded  the  Jesuits  as 
secular  priests,  he  had  such  a  right  in  his  own  opinion.     Cf.  No.  135,  C. 

7  Cf.  No.  175,  A2,  B2. 


§  1 6] 


190,  C.     ECCLESIASTICAL  STATUS,    1817-1822 


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960  No.  190,  D.     STATUS  OF  THE  JESUITS,    i8i;-(i822)  [VI 

N.B.  In  foederatis  Aniericae  Statibus,  anno  1783,  17,000  fidelium 
tantum  reperiebantur  et  15  Sacerdotes,8  neque  Religiosa  institutio  cujus- 
cumque  generis  existebat. 

N.B.  In  numero  probabili  Catholicorurn  quern  exhibui,  conaputavi 
tantum  eos  qui  constituunt  congregationes  seu  parochias.  Verum 
praeter  illos  magna  est  in  [wna]quaqtie  dio[e]cesi  Catholicorum  multitude 
qui  dispersi  in  pagis  destituuntur  templis  et  pastoribus  ;  atque  si  ratio 
istorurn  habeatur  dici  potest,  quod  forsitan  sint  60,000  Catholici  in 
dio[e]cesi  Philadelphiensi,  50,000  in  Neoeboracensi.  Idem  asseri  potest  in 
eadem  proportione  de  uurnero  totali  Catholicorurn  in  aliis  dio[t']cesibus, 
Baltimorensi  excepta. 

Insuper  maxima  pars  civiuin  Louisianiae  et  JFloridarurn,  quarn  haec 
descriptio  uon  complectitur,  profitetur  religionern  Catholicam. 

Nunc,  addendo  eorum  nurnerum  Catholicis  Provinciae  Baltirnorensis, 
sine  erroris  periculo  dici  potest  quod  sint  ad  minus  1,000,000  Catholici  in 
Imperio  foederatae  Arnericae. 

Georgetown  College  MSS.  and  Transcripts  ,Marcclial  controversy  ;  MarcchaVs 
autograph  notes,/.  24,  25,  double  fol.  It  is  not  clear  whether  the  tableau  here 
is  an  original  of  Marcchal's. 


The  status  of  the  Jesuit  American  missions,  in  1817  and  about  1S22, 
is  exhibited  as  follows  : 

D.  1817. 

Catalogue  of  the  Russian  Province  S.J.,  submitted  by  the  General  of  the 
Society  to  the  Propaganda  in  1822?  The  Russian  catalogue  was  apparently 
the  latest  published  (IS  19),  before  the  expulsion  of  the  Order  from  the  Czar's 
dominions  in  1820.  The  portion  summarizing  the  status  in  America  dates 
from  two  years  earlier,  IS  17,  as  is  stated  in  the  first  Nota  which  is  appended 
to  the  catalogue. 

O.A.M.D.G. 

\Pp-  1-2.]  Index  Collegiorum,  Domorum  et  Domiciliorum  Societatis 
Jesu,  ac  numerus  Sociorurn  in  imperio  Rossiaco. 

1°-30°  Colleges,  houses,  residences  and  missions  in  Russia.  Missions  in 
Siberia,  etc.  Sum-total  .- 

Sacerd.  Schol.  Coadj.  Univer. 

184       82       82       348 
Ex  Catalogo  Soc  :  J.  impresso  Polociae,  A?  D!  1819. 

[Pp.  S-GJ\  Index  Domiciliorum  S.J.,  et  numerus  Sociorurn  in  America 
Septentrionali. 

6  All  ex- Jesuits. 

"  Cf.  Nos.  118,  p.  447  ;  121,  J,  Primo. 


§  1 6]  No.  190,  D.     STATUS  OF  THE  JESUITS,    i8i7-(iS22)  961 

Sacerd.     Scho.     Goad.     Univ. 

Collegium  Georgiopolitanum  (vulgo  George- 
town) penes  Urbem  Washington  in 
Marylandia  ..  ..  ..  ..  4  20  12 

Missio  Georgiopolitana        ..  ..  ..1  37 

1.  -f  Alexandriae. 

2.  4-  Queen  Chapel. 

Domus    le    et    2'le    Probationis    in    White 

Marsh  in  Marylandia   ..  ..  ..          2          10 

Missio  in  White  Marsh. 
Annapolis. 

3.  +  Praedium  Di.  Young. 

4.  4-  Praedium  D.  Diggs. 

5.  4-  Capella  Boones. 

Doruiciliuin  S.  Thomae  in   Marylandia  ad 

ripam  Flumiuis  Potomak         ..  ..          4  0  0          4 

6.  Missio  Pomphret. 

7.  Cornwallis-neck. 
Cedar  Point. 

8.  Cichomuxen. 
Newport. 
Capneck. 

9.  4-  Domicilium  Upper  Zechaja   ..  ..          1  0  0          1 

10.  4-  Lower  Zachaja. 
Mathewoman. 
Piscataway. 

11.  +  Coenobium  Carmelitarum  Monialiuni 
non    procul    a    Portobaco    in    Mary- 
landia              1001 

Domicilium  S.  Fraucisci  Xav'.  in  Newtowu  in 

Marylandia        ..  ..  ..  ..4  0  04 

Missio  Si  Aloysii. 

B.V.M. 

S.  Joseph!. 

SS'ni  Cordis  Jesu. 

S.  Joannis. 

12.  +  Trans  Patuxunt. 

Domicilium  S.  Iguatii  in  Marylandia 

inferior!  1012 

Missio  S.  Ignatii. 

S.  Nicolai. 

Domicilium  S.  Francisci  Xav!  in  Mary- 
landia ad  Bohemiam  in  litore  oriental! 
sinus  Cesapeake  ..  ..  ..  1  0  0  1 

[13.]   +  Domicilium  S.  Joseph!  ibidem. 


962  No.  190,  D.     STATUS  OF  THE  JESUITS,    iSi7~(i822)  [VI 

Sacerd.     Scho.     Goad.     Uriiv. 

14.  4-  Missio   Arabiae   Petreae  ut   vocant 

in  Marylandia   ........          1  0  0          1 

Domicilium    Frederiktown    in    Marylandia 

occidental!          ..  ..  ..  ..          2  0  0 

Missio  Frederiktown. 

Manner. 

Maryland-track. 

15.  +  Heagherstown. 

16.  4-  Martinsburg. 

Cumberland. 


17. 


Batto-Church. 


Shepherds -town. 
15  mile  Creek. 
18.   4-  Lees- farm. 

Hardy's. 


19. 


Liberty-town. 


Hawack  et  aliae. 

In  Pensylvania. 

Philadelphiae  Ecclesia  S.  Joseph  et  domus 

adnexa    .. 

Domicilium    Connevago   Missio   Germanica 
Missio  Counevago. 
Carlisle. 
Little  York. 
Little  town. 
Brandi  Chapel. 
South  Mountain. 
Domicilium  in  Cochenhoben 
Domicilium  Lancastrie 
Missio  Lancastri. 
Elizabeth  town . 
Mount-Libanon. 
Harrisburg. 
Sunbury. 
Chester. 
Little  Britain. 


32         24         19       75 


Nota.  Index  qui  hie  ex[/*]ibetur  nou  omnino  accuratus  dici  potest,  quia 
post  annum  1817,  quo  confectus  fuit,  plurimae  mutatioues  factae  sunt. 

Nota.  Inter  Missionaries  in  praedictis  domiciliis  Soc.  J.  degente[s] 
numerantur  sex  vel  septem  sacerdotes  saeculares,  quorum  non[n]ulli  in 
coll?  Georgiopolitano  educati  fuorunt,  ipsius  Collegii,  seu  Societatis, 
sumptu. 


§  1 6] 


No.  190,  E.     STATUS  OF  THE  JESUITS,    iSi7-(iS22) 


963 


Sacerdotes 

Tatres. 

Schol. 

Frat. 

Saeculares. 

4 

7 

17 

1 

2 

7 

3 

1 

(J  uov. 

10 

1 

Quare  Sacerdotes  S.  J.  erunt  circiter  25  vel  26. 

Duo  American!  sunt  Romae  [Aloysius  Young,  Francis  Vespre],  quorum 
alter  Theologiae  operam  dat,  alter  est  in  Tyrocinio. 

[Endorsed :]  Catalogo  de'  Collegi,  e  delle  Missioni  che  la  Comp?  di 
Gesu  ha  nell'  Impero  delle  Russie  e  negli  Stati  Uniti  dell'  America 
Settentra.Ie 

Extra  Summarium. 

Propaganda  Archives,  Scritture  riferito  nelle  Congregazioni  General!  del 
1822,  partc  prima,  vol.  No.  927,  among  the  manuscript  papers  subjoined  to  the 
printed  brief  of  1822  (cf.  Section  III.,  pp.  402,  403),  in  the  controversy  of  the 
Archbishop  of  Baltimore  with  tJie  Jesuits  of  Maryland. 

E.  (1822?) 

Catalogue  of  tlie  American  Mission  S.J.  about  1S2S,  allowing  the  distance 
of  dependent  stations  served  from  the  central  residences^  as  well  as  the 
distribution  of  men. 

Catalogus  Missionuni  Soc.  Jesu  in  statibus  unitis  Arnericae. 


Collegium  Gcorgiopolitanum 

Domus  studiorum  in  Washington  (civitatc) 

Novitiatus  apud  White-Marsh    .. 

In  Comitatu  Principis  Georgii  Missiones 
quae  pertinent  ad  White-Marsh. 

1?  Ecclesia  in  praedio  White  Marsh 

2?  Annapolis  Sacellum  in  domo  privata  distat     .. 

3?  Praedium  Dom'  Young  in  quo  conveniunt  plurimi 

Catholici,  distat 
49  Congregatio  McGruder,  distat    .. 

Missiones  in  Comitatu  Principis  Georgii 
quac  pertinent  ad  Sanctum  Thoniam. 

1"  Congregatio  vulgo  Domini  Diggs  sacellum  distat 
2?  Congregatio  vulgo  Boone's  Chapel  distat 
3"  Congregatio  Piscataway  distat 
4?  Congregatio  Mattowoman 

Missiones  in  Comitatu  Caroli 
quac  pertinent  etiam  ad  Sanctum  Thomani. 

1?   Ecclesia  in  praedio  Sl.L  Thomae 

2?  Congregatio  Pomfret  distat  a  S.  Thorn. 

3°.  Congregatio  Cornwallis's  Neck 

4?  Congregatio  Cedar's  Point.     Nulla  ibi  ecclesia 

5?  Congregatio       Chitromucen      [ChicJcomuxen]. 

Nulla  ecclesia.     Distat 
6?  Congregatio  New  Port.     Distat 
7"  Congregatio  Cob-Neck.     Distat 
8?  Congregatio  Uppcr-Zachiah.     Distat  . . 
'J'.'  Congregatio  Lower-Zachiah.     Distat  . . 


14  mill. 

6     „ 
19 


Pro  his  omnibus  unus 
Saccrdos  sacc.  et 
Pater  magister  no- 
vitiorum. 


20 
25 
23 


J) 
J> 


12 
16 


20 
10 
20 
18 

18 


Pro  omnibus  his  tre- 
decim  missionibus 
sunt  tres  Patres  e 
Societate,  quorum 
unus  est  vakle  in- 
firmus;  et  praete- 
rea  unus  Sacerdos 
saecularis. 


964 


No.  190,  E.     STATUS    OF   THE  JESUITS,    i8iy-(i822) 


[VI 


1° 
29 

3? 
4? 
5? 
6° 

79 


19 

Oo 

3? 


In  Comitatu  Sanctae  Mariae. 
Ecclesia  in  praedio  Newtown 
Congregatio  Nostrae  Dominae,  vulgo  Meddley 

Neck.     Dist 12  mill. 

Congregatio  S.  Joaunis.     Distat           ..          ..  12  „ 

Congregatio  S.  Aloysii.     Distat           ..          ..  6  „ 

Congregatio  S.  Josephi.     Distat           ..          ..  12  ,, 

Congregatio  SS.  Cordis.     Distat           ..          ..  12  „ 

Congregatio  parva  trans  flurnen  Patuxent.  Distat  20  „ 

Missiones  in  Comitatu  Sanctae  Mariae 
quae  pertinent  ad  praedium  S1-'  Ignatii. 
Ecclesia  in  praedio 

Congregatio  S1.'  Nicholai.     Distat         ..          ..      17     „ 
Congregatio  Domini  Smith.     Distat  ..      12     „ 


1° 

2? 

1? 
2? 

19 

00 

t-i- 

3? 
4? 

5? 
6? 

79 

8? 

99 

1° 
90 

39 
49 
59 
69 


In  Marylandia. 

lu  Civitate  Frederick-town.    Ecclesia  et  domus 
cum  praedio  parvo 
Ecclesia  in  Carrol's  Manor,  distans       . .     17     „ 

In  littore  oriental!  vulgo  Eastern  Shore. 
Ecclesia  in  praedio  Bohemia 
Ecclesia  S.  Josephi 

In  Peusylvania. 

In  civitate  Philadelphia,  ecclesia  S"  Josephi  et  domus 
Ecclesia  in  praedio  Cochenhoben 

In  civitate  Lancaster 


In  civitate  Elizabeth,  quac  distat  a  residentia 

Lane.    .. 
Mount  Libanon 
Harrisburg  (oppidum)    .. 
Sunbury  .. 
Chester  County 
Little  Britain 

Conewago,  etiam  in  Pensylvania. 
Ecclesia  in  praedio 

Carlisle,  ecclesia  et  domus  (civitas  cat)     Distat 
In  civitate  York  ecclesia 
In  oppido  Littlestown 
Brand  Sacellum  .. 
South  Mountains 


Pro  his  7  unus  Pater 
e  Soc.  Jesu ;  sed 
propter  iufirmi- 
tatem  nunquam 
praedicat ;  et  duo 
saec.  Sacerdotes. 


I  Duo  Patres  e  Soc. 
&  imus  F  rater  coad- 
jutor. 


Unus  Pater  e  Societ. 


)Unus  Pater  et  Frat. 
Coadj.  ct  unus 
Sacerdos  saecul. 

Unus  Saecularis. 

Unus  e  Societate. 
j  Duo  Sacerdotes  saecu- 
\     lares. 


30  mill. 

°0 

-u  „ 

35  ,, 

25  „ 

15  „ 
18 


30 

OO 


Duo  Sacerdotes  saecu- 
lares. 


Duo  Patres  Soc.;  unus 
vero  aetate  senex 
et  infirm  us  et  domo 
nunquam  exire  po- 
test ;  audit  tamen 
coufessiones. 


Distat 

Distat  6  ,, 
Distat  9  „ 
Distat  150[?]  „ 

A.  M.  D.  G. 

Numerus  Sociorum  in  tota  Missione  Americana. 
Sacerdotes..          ..          ..      26s! 

Scholastic!  . .          . .      25  I 

Nov.  Scholastici   . .          . .     10     Saeculares  Sacerdotes  in  nostris 

Coadjutores  9.R  I      missiombus  sunt  septem. 

Nov.  Coadjutores 


'  / 
25 

9J 


95 


§  i6]         No.  191,  A-E.     FATE    OF  THE   CONCORDAT,    1819-1821  965 

Propaganda  Archives,  America  Centrale,  i.,  1673-1775,  ff.  292-3;  endorsed, 
f.  293b  :  "  Gesuiti — Baltimore.  Missionary  Gesuiti."  The  document  is  quite 
out  of  place,  having  been  put  alongside  of  Bishop  Clialloner's  letter,  London, 
2  Aug.,  1763,  in  which  he  describes  the  condition  of  various  missions  in  America  : 
ibid.,  ff.  290,  291. — Georgetown  College,  manuscripts,  1823,  a  copy  from  the 
same  Propaganda  Archives,  omitting,  hoiuever,  the  sums-total  at  the  end. 

No.  191.  1819-1821. 

Fate  of  the  Concordat :  Mgr.  Marechal's  views.  It  appears  from  the 
following  documents  that  the  reason  adduced  for  ignoring  the 
Concordat  of  1816 l  as  inoperative,  was  the  fact  that  the  attempted 
Agreement  of  Carroll  with  Molyneux  had  been  inoperative? 

A.  1819,  February  9. 

Kohlmann,  Superior,  9  Feb.,  1810,  to  Mareclial.     Shea's  abstract. 
Sends  agreement  of  Archbishop  Neale  with  Grassi. 

B.  1819,  February. 

Kohlmann,  Feb.,  1810,  to  Mareclial.     Shea's  abstract. 

Speaks  of  large  house  near  the  church  at  Washington  which  Father 
Grassi  built  for  §12,000,  on  condition  that  the  church  would  be  made  over 
to  the  Society.  Archbishop  Neale  made  it  over.  AsJcs  if  Archbishop  Mareclial 
will  do  so  by  authentic  instrument. 

Georgetown  College  Transcripts,  1S1S-1S19,  notes  of  Shea. 

C.  1820,  March  17. 

Mareclial,  Baltimore,  17  Mar.,  1820,  to  Francis  Neale  (Superior,  St. 
Thomas's  Manor). 

He  has  learnt  by  a  letter  from  the  Rev.  Mr.  Gary  (St.  Thomas's  Manor), 
that  his  Eev?  Sup'  has  recalled  him  to  the  College  of  G.  T.  The  news 
of  this  sudden  change  gave  me  at  first  sight  great  uneasiness  indeed. 
However  Fr.  Kohlmann  writes  to  me  that  I  need  not  be  troubled  about 
the  good  people  of  Newport  and  Cubneck,  and  that  Neale  and  Beschter 
suffice?  Mareclial  offers,  with  the  concurrence  of  Fr.  Kohlmann,  a  new 
priest,  Comisky,  if  he  is  desired. 

D.  1820,  March  18. 

Mareclial,  Baltimore,  18  Mar.,  1820,  to  Francis  Neale. 
Can  the  Rev.  By  an  be  spared  for  Nanjomy? 

E.  1820,  April  8. 

Kohlmann,  Georgetown,  8  Apr.,  1820,  to  Grassi,  Borne.  On  Marechal's 
citation  of  a  Synodal  Statute,  and  his  claims. 

1  No.  189,  G. 

2  No.  18G,  A. 

3  Cf.  No.  193,  C,  ad  init. 


966  No.  191,  E.     FATE   OF  THE   CONCORDAT,    1819-1821  [VI 

Sums  up  his  letter  of  6th  Dec.  ult°  to  Grassi:*  1st.,  that  articles  have 
failed  to  reach;  21y.,  that  the  Archbishop  seems  to  insist  on  our  com- 
pliance with  the  synodal  article,5  which  deprives  the  Superior  of  the  power 
of  disposing  in  any  way  whatever  of  such  of  his  inferiors  as  are  stationed 
in  congregations.  I  had  a  good  deal  of  trouble  in  getting  Father  Baxter 
from  Richmond  to  the  college,6  and  much  more  indeed  at  the  removal  of 
Father  Carey  from  St.  Thomas'  to  the  College,  where  Rev.  Father  Visitor 
thought  proper  to  appoint  him  minister.7  For,  though  about  six  weeks 
prior  to  his  removal  I  had  written  to  the  Archbishop  to  that  effect,  at 
which  time  he  seemed  to  object  to  the  measure,  and  again  about  ten  days 
before  the  removal  was  to  take  place,  at  which  he  kept  profound  silence, 
and  [!],  instead  of  answering  my  letter,  he  wrote  directly  to  Father  Carey, 
forbidding  him  to  quit  his  station  without  his  orders.  His  letter  came 
too  late ;  and  of  course  on  the  day  appointed  Father  Carey  came  up  to 
the  College,  where  he  continues  as  minister.  The  following  day  I 
received  from  the  Archbishop  a  letter  of  expostulation  of  such  an 
independent  manner  of  acting,  in  which  he  descends  all  at  once 
to  the  main  point  by  asking  me,  "  Whether  I  thought  myself  conscien- 
tiously bound  to  observe  the  Synodal  Statutes,  and  especially  that  under 
consideration,  or  not  1 "  Having  conferred  on  the  matter  with  the  Father 
Visitor,  who  set  down  his  thoughts  on  the  subject  in  writing,8  and  which 
I  inserted  nearly  word  for  word  in  my  letter  to  the  Archbishop,  I 
answered  to  the  following  effect:  1.  That  in  the  case  of  Father  Carey 
I  had  done  my  duty  in  giving  him  twice  previous 9  notice  of  the  measure, 
and  that  the  place  was  well  supplied  without  Father  Carey.  2.  That  we 
never  considered  the  regulation  alluded  to  as  a  Synodal  Statute ;  and 
that,  even  if  it  were  so,  we  could  not  think  it  obligatory  on  us,  for  many 
reasons ;  among  others,  because  contrary  to  the  general  exemption  of 
Religious  Orders  quoad  domos  et  personas  from  the  jurisdiction  of 
Ordinaries;  because  destructive  of  the  vow  of  obedience  and  the  nature 
of  a  religious  government;  because  disturbing  the  peace  and  conscience 
of  religious  persons,  in  giving  them  two  independent  Superiors  and  placing 
them  in  the  unpleasant  alternative  of  disobeying  the  one  or  the  other ; 
because  contrary  to  the  salvation  of  inferiors,  for  the  sake  of  which  a 
Superior  may  be  bound  to  recall  his  subjects,  without  being  allowed  to 
communicate  his  reasons  for  doing  so,  not  even  to  Father  General ; 
because  discouraging  externs  from  entering  the  Society,  as  is  obvious ; 

4  General  Archives  S.J.,  Maryl.  Epist.,  2,  i.,  Kohlmann,  Georgetown,  7  [/]  Dec., 
1819,  to  Grassi,  Rome ;  3  pp.  4to.     There  is  no  mention  in  that  letter  of  either  his 
first  or  second  point  here. 

5  Cf.  No.  115,  §  5,  Latin  text.     See  Nos.  192,  193. 
a  Cf.  No.  118,  §  17. 

1  Cf.  ibid.,  §  10. 

8  See  No.  193,  G. 

ft  Cf.  No.  135,  B,  Mareclial's  demand  for  a  previous  notification,  and  his  claim  to 
give  a  previous  consent,  before  the  removal  of  Fathers  who  are  pastors  of  souls.  Cf. 
No.  192,  G2,  K2,  Benedict  XIV.'s  rulings  in  a  contrary  sense. 


§  1 6]  No.  191,  F.     FATE   OF   THE   CONCORDAT,    1819-1821  967 

and,  in  fine,  because  opposite  to  the  explicit  decision  of  this  case  by 
Benedict  XIV.,  as  Liguori  relates  it  in  his  treatise  De  Privilegiis.10  The 
Archbishop  answered,  that  he  thought  it  best  to  postpone  answering  my 
arguments  to  some  other  day. 

Marechal's  letter  to  Kohlmann,  asking  him  to  take  into  consideration 
with  B.  F.  Visitor  and  my  consultors  the  claim  of  a  perpetual  pension 
for  himself  and  his  successors  from  the  Society.11  Kohlniann's  observations 
on  this  claim.  Various  points  of  business. 

F.  1821,  June  2. 

Kohlmann,  Washington,  2  June,  1821,  to  the  General.  On  MarecJtal'ts 
claims  now  before  the  Propaganda.  Translated  from  the  Latin. 

"  The  archbishop  told  me  yesterday,  that  he  has  addressed  himself  to  the 
Propaganda  for  a  decision  on  the  claim  which  he  thinks  the  See  of  Baltimore 
has  to  a  perpetual  pension  from  the  Society.  He  has  forwarded  for  that 
purpose  all  the  documents,  which  he  thinks  go  to  prove  that  claim,  asking 
hoioever  that  judges  be  appointed  who  do  not  belong  to  the  Propaganda; 
which  request,  he  is  afraid,  will  not  be  regarded.12  Your  Reverence  is 
perfectly  well  acquainted  with  the  subject ;  if  however  it  be  necessary,  the 
documents  on  our  part  shall  be  forwarded.  2.  He  has  likewise  referred 
to  the  same  Propaganda  for  a  decision  on  the  spiritual  authority  which  he 
claims  to  have  over  our  missionaries,  so  as  not  to  let  the  Superior  recall  them 
or  station  them  elsewhere,  when  they  think  [he  thinks]  it  necessary.™  This 
subject  is  likewise  familiar  to  you;  and  Benedict  XIV.,  whom  he  seems  to 
cite  for  this  contention,  is,  as  far  as  I  recollect,  decidedly  against  such  a 
pretension.1*  5.  The  archbishop  told  me  that  he  has  alrcadij  brought  or  he 
intended  to  bring  before  the  Propaganda  another  difference  between  him  and 
the  Society."  The  case  of  Deer  Creek™  In  a  postscript,  Kohlmann  adds 
an  extract  from  the  patents  of  the  General  Brzozowski,  appointing  Robert 
Molyneux  Superior.16 

1(1  Liguori,  Theologia  Moralis,  I.,  Append,  ii.,  De  Privilegiis,  §  79 :  .  .  .4.  Quod, 
licet  Superiores  Regulares  non  possint  dcputare  aliqucm  ad  curam  sine  Episcopi 
approbatione,  possint  tamen  eum  rcmovcrc  illo  inscio  ;  et  ita  pariter  Episcopus  potest 
euro,  ilium  privare  sine  consensu  Sitpcrioris,  si  id  justa  causa  expostulet.  ,  .  . 

11  Cf.  No.  181,  B,  ad  fin. 

12  No.  115,  Marcchal,  19  Aug.,  1820,  to  Card.  Fontana,  Prefect  of  the  Propaganda. 
The   contents   of  that  document  do  not  quite    correspond   to    the  sketch  given  by 
Kohlmann  here.     The  other  official  papers  of  Marechal,  five  in  number,  from  16  Oct., 
1818,  till  the  present  date,  are  catalogued  by  Marcchal,  in  a  letter,  7  June,  1821,  to 
Dr.  Gradwell,  Rome.     See  No.  200,  I). 

13  On  the  3rd  Aug.,  1S21,  Kohlmann  formulates  Marechal's  claim  in  other  words, 
"  that  our  missionaries  cannot  be  removed  from  a  place  without  his  [Marechal's] 
approbation  and  consent."     (General  Archives  S.J.,  Marijl.  Epist.,  2,  i.,  Kohlmann, 
3  Aug.,  1821,  to  the  General.) 

11  No.  192,  G2,  Kz. 

15  Nos.  88;  89;  181,  J. 

lu  Cf.  No.  118,  note  26. 


968  No.  191,  G.     FATE    OF  THE    CONCORDAT,    1819-1821  [VI 

G.  1821,  December  24. 

Grassi,   Turin,  24  Dec.,   1821,  to  the  General.     Marechal's  reason  for 
repudiating  the  Concordat.     Translated  from  the  Italian. 

Local  business.  Last  Saturday,  Father  Grassi  had  the  pleasure  of  seeing 
Mtjr.  Ambrose  Marechal  at  Turin,  on  his  way  to  Home.  "  We  had  a  long 
talk  about  our  affairs  in  America  ;  and,  from  what  I  understood,  they  are  in 
a  deplorable  condition.  He  told  me  that  a  secondary  object  of  his  journey  was 
to  settle  with  your  Paternity  certain  points  regarding  ourselves."  The  first 
was,  of  course,  the  pension.  2.  "  He  complains  that  Father  Kohlmann,  the 
Superior, has  transferred  some  of  our  Missionaries,  without  saying  a  word 
about  it  to  the  Archbishop.  If  that  be  true,  it  seems  to  me  that  Father 
Kohlmann  is  wrong.  But  I  remember  that  Father  Kohlmann  wrote  me,17  that 
he  had,  not  failed  to  notify  the  Archbishop  in  writing  on  such  occasions,  but 
that  he  had  received  no  acknoivledgment.  Perhaps  the  letters  went  astray. 
8.  A  document  was  drawn  up  by  Mgr.  Archbishop  Neale  and  myself,  as  I 
wa,s  at  that  time  Superior,  by  which  instrument  the  said  Archbishop  assigned 
to  the  restored  Society  the  ancient  missions  and  some  new  ones.  Before  that, 
there  had  been  drawn  up  in  writing  an  agreement  between  Mgr.  Carroll  and 
Father  Molyneux,  Superior  of  ours  in  1808  (if  I  am  not  mistaken),  whereby 
the  latter  bound  himself  to  pay  to  Mgr.  Carroll  and  to  his  successors,™  I 
believe,  1,000  dollars  a  year.  Noiv  Mgr.  Marechal  says  that,  if  this  second 
document  does  not  bind  the  Superior  of  the  Society,  neither  does  the  first 
document  bind  the  successors  of  Mgr.  Neale."  19  Here  Grassi  adduces  some 
arguments  against  the  validity  of  the  Carroll-Molyneux  Agreement :  that 
Molyneux  could  not  impose  a  burden  on  the  Society  without  the  authorization 
of  the  General ;  20  and.  besides  Carroll  at  that  time  did  not  recognize  the  Society 
as  re-established  in  America.  1°  The  making  of  the  Agreement  showed  it  to  be 
necessary,  and  Carroll's  right  to  be  dubious  or  null ;  2°.  if  the  Society  did 
not  exist,  Molyneux  was  not  Superior.  "  On  the  contrary,  as  regards  the 
assignment  made  to  the  Society  of  certain  missions  while  I  was  in  America, 
I  wrote  about  it  to  our  Father  General  Brzozowslc! ;  and  this  assignment 

17  Supra,  E. 

18  Cf.  No.  186,  A,  note  5. 

19  Cf.  No.  135,  L,  where  Marechal's  original  runs  as  follows :  Mes  Vener.  Prede- 
cesseurs  ont  fait  deux  concordats  avec  les  votres ;    Mgr.  Carroll  avec  le  P.  Bob. 
Molineux  en  1805 ;  et  Mgr.  Neale  avec  le  P.  Grassi  en  1816.     ^f  On  vous  a  dit  sans 
doute  que  les  principaux  membres  de  la  Societ6  n'ont  pas  craint,  par  un  motif  qui 
vous  est  parfaitement  connu,  de  declarer  le  l?r  concordat  nul  et  d'aucune  valeur  ;  et 
on  a  du  vous  dire  egalement,  que  j'ai  et6  force  en  consequence  de  declarer  que  je 
regardois  le  21?   concordat  nul,  comme  s'il  n'avoit  jamais  existed      If  Mais  il  est 
encore  terns,  je  1'espere,  de  remedier  aux  consequences  tres  facheuses  qui  ont  resulte 
et  qui  peuvent  encore  resulter  de  1'infraction  volontaire  du  premier  concordat,  et  de 
1'infraction  subsequent  et  necessaire  du  second.     ^  Le  seul  moyen  de  reussir  seroit 
de  faire  un  troisierne  concordat,  etc.     This  argument  implies  that  Marechal  regarded 
the   Nealc-Grassi   Concordat  as  authentic  and  permanent  in  its  import.     But  cf. 
No.  119,  [J/.],  p.  458,  Marechal's  Notes  :  Cependant  les  craintes  a  la  vue  de  cette  liste 
s'evanouir[en£]  en  observant  que  cette  [!]  ecrit  estoit  pass6  entre  le  P.  Grassi  e[i] 
mon  ven.  predecesseur,  sans  Her  leur  successeurs  respectifs.     Cf.  ibid.,  2°,  pp.  458, 
459. 

-°  Cf.  No.  118,  §  10. 


§  1 6]  No.  192,  A.     THE  SYNODAL  ARTICLE    OF  1810  969 

took  place  after  the  Society  was  re-established  by  the  Bull,  Sollicitudo."  He 
begs  to  submit  these  observations  by  way  of  preparing  the  General  for 
Marechal's  demands. 

Md.-N.  Y.  Province  Archives,  1S20,  Mar.  17,  Marcchal,  Baltimore,  to 
F.  Neale ;  2pp.  4to.  Ibid.,  1820,  Mar.  18,  same  to  same  ;  2  pp.  4to. — General 
Archives  S.J.,  Maryl.  Epist.,  2,  i.,  Kohlmann,  Georgctoivn,  8  Apr.,  1820,  to 
Grassi,  Borne.  Ibid.,  Kohlmann,  Washington,  2  June,  1821,  to  the  General. 
Ibid.,  6,  i.,  Grassi,  Turin,  24  Dec.,  1821,  to  the  General. 

No.  192.  1810-1820. 

The  "  synodal  article  "  of  1810  :  its  origin  and  progress.  As  in  the 
foregoing  documents  l  Marcchal  reinforced  his  repudiation  of  the 
Neale— Grassi  Concordat,  by  referring  to  a  synodal  article  of  1810, 
the  following  papers  will  show  the  origin,  intent,  and  use  made 
of  the  article.  Its  tenor  appears  to  be  so  much  out  of  harmony 
with  the  principles  of  Archbishops  Carroll  and  Ncale,  that  the 
article  must  be  examined  historically  and  critically.  Its  form 
and  purpose  have  some  relation  luith  projects  and  documents  of 
the  Right  Rev.  Michael  Eyan,  Bishop  of  Philadelphia. 

Antecedent  action  of  M.  Egan,  pastor  in  Philadelphia. 

A.  (1803,  December  11.) 

Fr.  Michael  Egan,  O.S.F.,  curate  of  St.  Mary's  Church,  Philadelphia,  (11 
Dec.,  1803),  to  Card.  Delia  Somaglia.'2  He  asks  for  authority  to  found  a 
Franciscan  Province  in  America,  the  members  of  ivhich  shall  be  subject  .  .  . 
to  be  called  out  and  serve  when  and  where  the  Right  Rev.  Doctor  Carroll 
or  his  successors  may  think  proper  to  send  them. 

His  EMINENCE  CARDINAL  DELLA  SOMAGLIA. 

Egan  formerly  Guardian  of  St.  Isidore's  Convent,  Rome.  His  seven 
years'  residence  in  Ireland.  Now  he  has  been  two  years  in  the  United  States, 
and  is  pastor  of  St.  Mary's,  Philadelphia.  The  congregation  here  is  both 
numerous  and  respectable,  but  I  am  sorry  to  say  there  are  many  places 
in  this  extensive  country,  where  the  faithful  are  destitute  of  pastors, 
and  deprived  of  the  bread  of  life.  To  remedy  this  evil  in  some  manner, 
application  is  made  to  your  Eminence  (with  the  concurrence  and  approba- 
tion of  the  Right  Rev.  Doctor  Carroll,  Bishop  of  Baltimore),  and  is,  that 
you  would  be  pleased  to  procure  for  me,  from  the  Superior  of  the  Order 
at  Aracoeli,  power  of  receiving  and  professing  novices,  and  of  forming  a 
Province  distinct  and  independent  of  that  of  Ireland,  subject  however  to 
be  called  out  and  serve  when  and  where  the  Right  Rev.  Doctor  Carroll 

1  No.  191,  E  ;  G,  note  19. 

2  Card.  Delia  Somaglia  was  addressed,  because  Egan  and  Bishop  Carroll  supposed 
him  to  be  a  member  of  the  Propaganda.     He  was  Vicar  of  Rome  at  the  time.     But  he 
referred  the  letter  to  the  Propaganda. 

VOL.    I.  3   R 


970  No.  192,  B,  C.     THE  SYNODAL   ARTICLE    OF  1810  [VI 

or  his  successors  may  think  proper  to  send  them.  An  institution  of  this 
kind  has  been  formed  here  by  a  gentleman  of  the  Order  of  St.  Augustin ; 
the  effects  whereof  are  already  felt ;  and,  as  the  Franciscan  Order  is  more 
numerous,  it  is  to  be  hoped  the  benefit  resulting  to  religion  will  be  more 
extensive.  A  dispensation  will  be  necessary  from  the  Franciscan  rule,  enabling 
members  of  the  Order,  resident  in  the  United  States,  to  acquire  and  possess 
property. 

Philadelphia,  March  ye  4th,  1804.(a) 

Most  obed'  and  humble  serv1, 

MICHAEL  EGAN,  Pastor  of  St.  Mary's. 

B.  1803,  December  11. 

Carroll,    11    Dec.,    1S03,    to    Card.    Delia   Somaglia,    Cardinal    Vicar. 
Endorsing  the  foregoing  petition  of  M.  Egan. 
Duplicate. 

MY  LORD, 

The  Rev.  Mr.  Egan  having  communicated  his  letter  to  your 
Eminence,  and  desired  to  certify  that  its  contents  are  agre[e]able  to  me, 
I  take  the  liberty  of  adding  that  they  have  my  entire  approbation,  and 
that  I  shall  esteem  it  as  a  singular  favour  of  divine  providence  to  see, 
before  the  close  of  my  life,  the  measure,  which  he  proposes,  carried  into 
effect,  because  it  would  afford  to  me  a  reasonable  hope,  that  there  [would 
6e]  (b)  a  provision  made  for  supplying  a  [large  ?]  portion  of  this  extensive 

diocess (c)  with  worthy  and  edifying  priests,  to  perform  the  services  of  our 

holy  religion.  As  I  believe  that  your  Eminence  is  a  member  of  the  Sacred 
Congregation  de  propaganda  fide,  I  request  most  humbly  the  favour  of 
having  an  answer  sent  to  the  many  urgent  letters,  which  have  been  sent 
by  me  during  the  past  years ;  and  am  with  the  greatest  respect  and 
veneration, 

My  Lord  Cardinal, 

Your  Eminence's 

Most  devoted  and  humble  serv1, 

-f  J.  CARROLL,  BisP  of  Baltimore."1' 

Addressed:  His  Eminence  Gulio  [!]   Maria  della  Somaglia,   Cardinal 
Vicar,  Rome. 

Endorsed:  America  Settentrionale,  4  marzo,  1804. 

C.  1804,  September  29. 

Decree  of  the  Propaganda,  20  Sept.,  1804,  conveying  the  grant  of  Egan 's 
petition,  as  endorsed  by  Carroll. 

(a)  March  ye  4th,    1804,   appears  here;    but  the  official   Italian  translation  has,  Philadelphia,    11 
Deceuibre,  1803,  which  is  also  the  date  in  the  official  translation  of  Carroll's  letter  following.     March  ye 
4th  seems  to  be  the  date  of  a  duplicate  sent  from  America. 

(b)  Paper  torn. 

(c)  The  translation  has :  di  vedere  per  questo  mezzo  suppliti  i  bisogni  di  una  pavte  di  questa  vasta 
Diocesi. 

(d)  The  signature  is  manu  propria.    The  style  of  the  rest  seems  to  be  Egan's. 


§  1 6]  No.  192,  C.     THE  SYNODAL  ARTICLE    OF  1810  971 

Decretum  S.  Congregationis  de  Propaganda  Fide. 

Ad  augendam  et  conservandam  evangelicorum  operariorum  copiam  in 
foederatis  Americae  septentrionalis  provinciis  P.  Michael  Egan  Ordinis 
Minorum  S.  Francisci  strictioris  observantiae  parochus  Philadelphiae, 
accedente  etiam  consensu  atque  consilio  R.  P.  D.  Joannis  Caroll  Episcopi 
Baltimorensis,  supplicavit  pro  facultate  novam  sibi  erigendi  provinciam 
sui  Ordinis,  a  provincia  Fratrum  Minorum  Hiberniae  penitus  distinctaui 
atque  independentem,  quae  constet  coeuobiis  omnibus,  quae  adhuc  in  iisdeni 
foederatis  provinciis  fundata  sunt,  vel  quae  in  posterurn  f undari  contigerit, 
facta  illius  Ministris  Provincialibus  potestate  admittendi  novitios  ad 
Ordinem,  et  professionem  juxta  Ordinis  regulas  et  Apostolicas  Constitu- 
tiones.  Cum  autern  regularis  hujusmodi  institutio  ob  eorumdem  locorum 
naturam  nee  facile  subsistere,  nee  diutius  conservari  posset  sine  fundis, 
certisque  redditibus,  hinc  petita  est  etiam  facultas,  ut  liceat  iisdem  coenobiis 
fundos  fructiferos  aliaque  bona  immobilia  ad  Fratrum  substentationem 
acquirere  ac  possidere.  Ke  igitur  ad  R.  P.  D.  Archiepiscopum  Valentinum 
Ministrum  Generalem  Ordinis  Minorum  delata,  et  plena  habita  illius  con- 
sensione  ac  venia,  Eminentissimi  Patres,  referente  R.  P.  D.  Dominico 
Coppola  Archiepiscopo  Myrensi  Secretario,  decreverunt,  approbandam  esse 
erectionem  praefatae  provinciac  juxta  petita,  imposita  tamen  illius  Fratribus 
obligatione  praestandi  operam  suarn  missionibus  foederatarum  Americae 
provinciarum  arbitrio  Baltimorensis  Episcopi,  et  supplicandum  SSm.°  pro 
petita  facultate  acquirendi  ac  possidendi  bona  stabilia  ad  beneplacitum  S. 
Congregationis. 

Hanc  autem  ipsius  Sacrae  Congregationis  sententiam  SS"!°  Domino 
Nostro  Pio  PP.  VII.  relatam,  in  Audientia  habita  per  eumdem  D. 
Secretarium  die  23.  Septembris  1804,  Sanctitas  Sua  benigne  adprobavit, 
facultatesque  necessarias  et  opportunas  concessit,  ut  coenobia  et  hospitia 
ejusdem  novae  provinciae  bona  immobilia,  fundosque  fructiferos  ad  Fratrum 
substentationem  licite  acquirere  ac  possidere  valeant  ad  beneplacitum  tamen 
ejusdem  S.  Congregationis ;  non  obstantibus  Apostolicis  Constitutiouibus, 
regulis  Ordinis,  aliisque  in  contrarium  quibuscumque. 

Datum  die  29.  Septembris  180-l.:i 

Endorsed :  America  settentrionale.     Provincie  Unite. 

Propaganda  Archives,  Scritturo  rifcrito  nci  Congress!;  America  Centrale 
dal  Canada  all'  Istmo  di  Panama,  dal  1791  a  tutto  il  1817,  in.  :  /.  165,  Egan, 
Philadelphia,  4  Mar.,  1804,  to  Card.  Delia  Somaglia,  apparently  duplicate  of 
tlic  original,  11  Dec.,  1803,  which  latter  teas  translated  (ibid.,  ff.  155,  156) ; 
f.  166,  Carroll,  4  Mar.,  1S04,  to  Card.  Delia  Somaglia,  duplicate  of  the  original, 
11  Dec.,  1803,  whicli  was  translated  (ibid.,  f.  156).  On  the-  translations,/.  156", 
the  course  of  business  is  endorsed  in  five  or  six  different  hands :  ^j  America 

3  As  to  the  operation  of  the  licence  granted  by  this  decree,  that  the  Franciscans 
might  hold  property,  Card.  Delia  Somaglia  objected  to  their  doing  so  in  their  own 
name,  even  as  a  community,  since  it  was  contrary  to  the  spirit  of  their  Order.  He 
suggested  that  a  bishop  or  other  reliable  person  should  hold  the  property  in  his  own 
name,  as  a  trust  on  their  behalf.  (Georgetown  College  Transcripts,  1793-1814,  Egan's 
letters  to  Carroll,  etc.,  pp.  3-5 ;  S  Jan.,  1805 ;  29  Jan.,  1805  ;  copies.) 


972  Ni>.  192.     THE  SYNODAL  ARTICLE    OF  1810  [VI 

Settenfe.,  Provincie  Unite,  11  Xbre,  1803.  \  Tradotta  dal  M.  Concanen.  Si 
scriva  a  Mr.  Caroll  che  dal  Card1.6  Vic?,  che  non  e  di  Prop*,  si  e  avuta,  e  si 
procurers,  e  si  scriva  anche  ad  Egan.  ^f  Biglietto  al  Com1?  Gnl.  ^f  Then 
summary  of  Egan's  letter.  ^  Scrifcto  a  Mr.  Caroll  ed  al  P.  Egan,  ai  24 
Giugno,  1804.  ^f  Si  e  scritto  al  Comiss?  gle.  di  Araceli  in  Giugno,  1804,  pro 

informal  et  voto.     ^  Si  stese  il  decreto  di  Cong?  li. Sett?,  coll'Udienza 

n[ro  S'|e]  dei  23  del  prd?  Mese,  1804.  1  Si  veda  la  risposta  a  Carroll  e  ad 
Egan.— Ibid.,  Decreti  della  S.  Cong,  dall'  anno  1800  all'  anno  1819,  ff.  102»-103  ; 
after  other  decrees  of  the  session  held,  17  of  Sept.,  1804,  decree  answering  the 
petition  of  Egan  (not  entered  in  the  Acta  of  the  Propaganda  for  1804). 

On  the  Stli  of  April,  1808,  the  Bull  was  issued,  appointing  the  Eight 
Rev.  Dr.  Michael  Egan,  first  Bishop  of  Philadelphia.  He  was 
consecrated  in  Baltimore,  £8  Oct.,  1810.  Bishop  Chcverus  of 
Boston  was  also  consecrated  in  the  same  place,  a  few  days  later  ; 
as  well  as  Bishop  Flagct  of  Bardstown.  These  suffragans  of 
Carroll,  who  was  now  archbishop-elect,  remained  with  him  for 
two  weeks  to  consult  on  matters  of  regulation  and  discipline* 
We  infer  from  several  indications  that  Bishop  Chevcrus  acted  as 
secretary  in  the  consultations.5 

Among  the  resolutions  adopted  at  this  meeting  of  the  bishops  in 
November,  1810,  with  a  view  to  uniform  practice  till  a  Provincial 
Council  should  be  held  before  November,  1812,  there  is  one  which 
recalls  exactly  the  tenor  of  Egaris  plan  respecting  the  dependence 
of  the  Franciscan  Province  on  diocesan  bishops.  However,  it  docs 
not  speak  of  a  bishop  "calling  out"  the  members  of  Orders  or 
Congregations  for  diocesan  service.  It  limits  its  mew  to  keeping 
them  in  service  when  once  engaged  in  the  ministry,  notwithstanding 
the  necessities  of  colleges,  seminaries,  or  posts  of  government.  It 
formulates  an  opinion  that  members,  when  once  charged  with  the 
care  of  souls,  "  ought  not  to  depend  upon  their  Superiors'  will," 
but  it  docs  not  define  what  kind  of  dependence  is  meant.  As  to 
what  may  be  "  altogether  necessary  for  the  existence  or  prosperity 
of  the  said  Congregations"  to  justify  a  religious  superior  in  re- 
calling men  from  pastoral  charges,  the  bishop  is  to  be  the  judge. 

The  Latin  text  of  this  article  was  given  by  Marcchal  in  his  document  to 
Card.  Fontana,  when  opening  the  controversy  with  the  Jesuits? 
A  criticism,  short  but  sharp,  was  passed  on  it  in  the  General's 
Report  to  the  Propaganda?  The  authority  of  Benedict  XIV. 

4  Cf.  J.  G.  Shea,  History  of  the  Catholic  Church  in  the  United  States,  ii.  632. 

5  Md.-N.  Y.  Province  Archives,  portfolio  92,  No.  7,  a  copy  of  the  Pastoral  issued 
15  Nov.,  1810.  with  the  signatures  of  the  five  Bishops,  Carroll,  Ncalc,  Egan,  Chcverus, 
and  Flagct.      It  has  an    endorsement :     Autograph    of    B.   Carroll    or    Cheverus. 
Document  G,  infra,  betrays  a  foreignism  in  the  heading:  Regulations  given  by  the 
Archbishop  Carroll,  etc. 

6  No.  115,  §  5. 

f  No.  118,  §§  14,  15. 


§  1 6]  No.  192,  D.     THE  SYNODAL   ARTICLE   OF  1810  973 

was  cited  8  in  relation  to  the  canonical  question  involved  in  the 
resolution,  which,  while  professedly  temporary  in  its  character, 
was  loosely  drafted  in  its  conception.  A  letter  of  Bishop  Egan's 
given  leloio  (V)  is  equally  loose  in  its  conception  of  these  ecclesi- 
astical matters ;  and,  taken  in  conjunction  with  his  Franciscan 
Province  adjustment,  may  give  a  clue  to  the  authorship  of  the 
proposal,  which  then  passed  among  the  resolutions  of  the  bishops. 
In  a  document  of  Kenncys,  dated  ten  years  later,9  it  is  clearly 
implied  that  Carroll  had  been  overruled  in  the  passing  of  the 
article. 

The  documents  which  follow  show  the  occasion,  and  some  practical 
results  of  this  article;  as  well  as  Carroll's  repudiation  of  the 
interpretation  put  upon  his  action  by  C.  Nealc,  Superior  of  the 
Jesuits. 

D.  1810,  September  11. 

Carroll,  Washington,  11  Sept.,  18 JO,  to  C.  Neale,  Port  Tobacco.  A 
complaint  against  Neale's  reserving  authority  to  keep  men  at  Georgetown,  and 
out  of  the  ministry.  Status  of  the  Jesuits  in  America,  an  being  under  the 
bishop's  authority  for  ministerial  work,  while  the  Society  is  not  canonically 
re-established.™ 

8  Cf.  No.  121,  A,  note.  1,  ad  fin. 

9  No.  193,  C,  ad  note  21. 

10  The  antecedents  of  Carroll's  dealings  with  Molyneux  and  C.  Nealc,  ever  since  the 
private  re-establishment  (1805),  were  in  accordance  with  the  policy  which  he  urges  in 
this  letter.  The  only  new  clement  which  had  intervened  was  the  rather  impracticable 
character  of  the  new  Superior,  C.  Neale.  Molyneux,  the  first  Superior,  seems  to  have 
been  perfectly  complaisant,  whatever  arrangement  the  bishop  might  make. 

Carroll,  Baltimore,  7  Apr.,  1807,  to  Molyneux,  Georgetown.  He  hopes  that 
Molyneux  will  not  be  too  angry  if  the  missionary  expedition  of  Kohlmann  through 
Pennsylvania  exceeds  the  allotted  time  of  a  month  by  a  week  or  two.  I  presume  the 
more  on  this,  because  the  General  of  the  Society  has  granted  me  a  power,  which 
however  will  never  be  used  to  the  prejudice  of  your  authority ;  for  neither  of  us  will, 
as  I  firmly  persuade  myself,  be  unreasonable. 

Carroll,  Rock  Creek,  19  Sept.,  1808,  to  Molyneux,  President,  Georgetown.  Pre- 
suming that  Mr.  O'Brien  will  return  from  Chs.  County  about  this  time,  and  the 
R1.1  F>:  Britt  will  depart  in  a  few  days  for  Phil",  it  is  necessary  to  have  your  concur- 
rence in  the  plan,  which  I  have  conceived  for  the  relief  of  the  Diocess,  as  far  as  it 
will  go.  For  tho  the  E,1'  F1:  Gen1,  has  empowered  me  to  employ  the  members  of  the 
Society  in  such  manner,  as  shall  appear  to  me  most  beneficial  to  the  advancement  of 
religion,  yet  I  shall  make  it  my  rule  always  to  communicate  with  the  Superior  of  the 
Order  in  disposing  of  those  who  owe  obedience  to  him.  Then  follows  a  long  scries  of 
changes  or  combinations  regarding  Jesuits  and  secular  missionaries. 

C.  Nealc,  24  May,  1809,  to  F.  Neale,  Georgetown.  Some  business.  I  am  desired 
by  Bishop  Carroll,  who  professes  himself  a  great  friend,  to  write  a  Circular  to  our 
members,  a  Circular  of  caution,  ne  quid  Sociotas  detriment!  capiat  ex  nostra  impru- 
deutia.  You  will  communicate  it  to  all  under  you.  f  My  Brethren,  I  direct  all  and 
each  of  you  in  future  not  to  assume,  more  than  can  be  avoided,  any  outward  mani- 
festations of  your  private  and  conscientious  ties  to  the  Society,  to  claim  no  exclusive 
rights  as  members  thereof,  and  to  continue,  as  to  exterior  government  as  seen  by 
others,  on  the  footing  of  secular  clergy.  If  anything  distinguish  you  in  publick  from 
other  priests,  lot  it  be  your  obedience,  let  it  bo  your  humility,  let  it  be  your  modesty, 


974  No.  192,  D.     THE  SYNODAL  ARTICLE   OF  1810  [VI 

O/i  the  reluctance  shown  to  part  tvith  Father  Enoch  Fenwickfor  the  bishop's 
service  at  Baltimore.  Carroll  himself  regrets  that  Fcnwick  should  leave  his 
charge  at  the  College,  and  give  up  the  mission  of  Alexandria.  However,  as 
to  the  college,  where  the  number  of  students  is  now  so  miserably  reduced, 
a  Vice  president  is  unnecessary,  or  Mr.  Marshall  can  do  whatever  is  wanted 
from  one.  At  the  age  of  74,  I  cannot  any  longer  act  the  part  of  Curate 
of  the  Rector  of  a  parish,  and  at  the  same  time  undergo  all  the  drudgery 
of  my  episcopal  duties.  You  know,  that  the  Gen!  has  committed  to  me 
the  disposal  of  the  members  of  the  Society  for  their  ministerial  functions ; 
that  the  Society  out  of  Russia  does  not  constitute  a  corporate  body,  and 
is  incapable,  as  such,  of  holding  estates,  colleges,  etc. ;  that  in  all  outward 
government  its  members  are  precisely  in  the  state  of  secular  priests,  and 
cannot  claim  any  privileges  or  exemptions  to  which  religious  bodies, 
regularly  and  authentically  introduced,  were  entitled.  I  request  earnestly 
of  you  to  act  in  all  things,  as  our  old  Brethren  in  England  have  done, 
consistently  with  this  principle.  As  long  as  matters,  with  respect  to  the 
Society,  are  on  their  present  footing,  no  Bishop  can  ordain  those,  who 
belong  to  it,  titulo  religionis,  for  they  cannot  be  known  as  such  in  foro 
externo ;  and  the  pupils  of  Stonyhurst,  when  presented  for  ordination  after 

lot  it  be  your  zeal,  etc. ;  sic  luceant  opera  vestra  bona  coram  hominibus,  ut  glorifi- 
cent  Patrem  vestrum  qui  in  coelis  est ;  but  never  forget  that  you  are  children  of 
obedience,  and  never  fail  in  time  and  place  to  exhibit  the  same  to  your  proper 
Superiors.  Thus  will  you  please  God  and  advance  the  great  work  you  have  under- 
taken, your  own  and  neighbour's  sauctification.  Anien.  C.  Neale.  f  Messages,  etc. 

Kohlmann,  New  York,  26  July,  1809,  to  (Grassi).  Much  business  about  New 
York,  etc.  Here  is  what  our  B.  F.  Superior  Charles  Neale  writes  to  me,  May  24th, 
1809  :  "  Bishop  Caroll,  I  am  afraid,  is  not  very  favourable  to  us.  He  complains  that 
we  make  our  affairs  too  public,  that  we  style  ourselves  S  .  J  .  &[c],  but,  what  is 
worst  of  all,  he  says  that  the  Bishops  have  no  power  to  ordain  our  members  titulo 
paupertatis.  I  wish  F.  General  knew  as  much  ;  if  you  find  an  opportunity,  let  him 
know  it  as  coming  from  me.  Some  suppose  that  yr.  new  Bishop  [Concancn']  is 
inimical  to  the  Society ;  that  he  is  charged  by  the  Propaganda  to  keep  an  eye  over 
us."  Kohlmann  continues  :  Bishi'  Caroll  desired  afterward  R.  Charles  Neale  to  direct 
a  Circular  to  all  the  members  of  the  Society,  desiring  them  to  abstain  from  all  such 
exterior  marks  that  could  distinguish  us  from  secular  priests,  acknowledging  how- 
ever the  obligation  of  our  vows  to  the  Society.  Kohlmann' s  own  sanguine  vicivs  of 
the  situation. 

Not  only  did  Carroll  acknowledge,  as  Kohlmann  says,  the  obligation  of  our  vows 
to  the  Society,  but  lie  insisted  that  Molyneux  should  observe  certain  remote  points  of 
the  Jesuit  Constitutions,  which  seemed  to  escape  the  Superior's  notice.  Carroll, 
Baltimore,  19  June,  1808,  to  (Molyneux)  :  .  .  .  Before  the  Divines  of  the  Society 
conclude  their  Theology,  remember  that  it  is  made  incumbent  on  you  by  the  Con- 
stitutiones  S.J.  to  have  them  examined  by  sworn  Examiners  on  a  stated  number 
of  the  most  important  questions  of  Theology,  who  are  to  send  their  secret  and 
sealed  suffrages  to  the  General.  Their  degrees  in  the  Society  will  depend  on  this 
examination,  so  far  as  they  are  to  be  regulated  by  their  estimated  learning.  Other 
business. 

(Md.-N.  Y.  Province  Archives,  correspondence ;  1S07,  Apr.  7,  Carroll,  Baltimore,  to 
Molyneux,  Georgetown;  1  p.  4to,  No.  7n.  Ibid.,  1808,  June  19,  same  to  (same), 
address  wanting ;  4pp.  4to,  No.  82.  Ibid.,  180S,  Sept.  19,  Carroll,  Rock  Creek,  to 
Molyneux,  President,  Georgetown;  2  pp.  4to,  No.  86.  Ibid.,  1809,  May  24,  C.  Neale, 
Port  Tobacco,  to  F.  Neale,  Georgetown;  2 pp.  4to.  Ibid.,  1809,  July  20,  Kohlmann, 
New  Ywk,  to  (Grassi,  who  endorses  it)  ;  4  pp.  4to.) 

For  examples  of  the  subsequent  troubles  between  Carroll  and  C.  Neale,  cf.  No.  179, 
L,  M. 


§  1 6]  No.  192,  D.     THE  SYNODAL  ARTICLE   OF  1810  975 

their  novitiate,  take  the  usual  oath  of  Seminary  priests,  of  serving  the 
Mission  under  the  authority  of  the  Vicars  Apostolical.11  To  confess  the 
truth,  the  brief  of  Clement  14th.,  the  fatal  brief  of  extinction,  which  had 
so  general  an  execution,  and  was  intimated  in  all  the  houses  of  the  Society, 
would,  I  fear,  subject  any  Bishop,  who  should  ordain  members  of  the 
Society  sub  titulo  religionis,  to  the  heaviest  censure,  until  that  fatal  brief 
be  formally  revoked.12 

I  am  most  respectfully,  Rev.  Sir, 
Yr  very  ob".1  St 

+  J.  Abp  of  Br? 

11  Tiiis  account  seems  not   to    be  accurate,  regarding   the    Jesuits  of   England. 
As  to  the  title  of  ordination,  ivhich  did  cause  difficulty  in  England  and  in  Ireland, 
at  least  with  such  bishops  as  were  not  benevolentiores,  the  General  arranged  the 
matter  thus,  that  if,  notwithstanding  the  good  will  of  the  Sovereign  Pontiff,  bishops 
refused   to  ordain  Jesuits  as  religious,  titulo  paupertatis,  they  could  do  so  titulo 
missionis,  or  titulo  patrimonii,  the  Provincial  or  procurator  providing  the  necessary 
security :  Quodsi,  hoc  non  obstante,  nolint  Eprp;  ordinare  Nostros  titulo  paupertatis, 
ordinentur  sane,  sicut  R?  V1?  bene  animadvertit,  titulo  patrimonii,  data  eis  a  Pe. 
Prov1.'  vel  a  Procuratore  Hiberniae  obligatione  solvendi  eis  annuam  sumniam  suffici- 
entera  ad  titulum  patrimonii.     The  General  then  provides  against  the  inconveniences 
which  might  result  from  this  obligation  so  assumed.     (General  Archives  S.J.,  Epist. 
VV.  GG.  in  Russ.,  1809-14,  the  General  to  Strickland,  (London),  25  Dec.,  N.S.,  1811 ; 
on  the  measures  of  the  English  Provincial,  Stone,  to  introduce  the  Society  into 
Ireland.) 

The  tituhts  patrimonii  appears  in  the  foregoing  letter,  dated  25  Dec.,  1811,  in 
relation  to  Ireland.  The  title  of  "missions  or  congregations"  had  already  been 
reluctantly  approved  by  the  General,  in  a  letter  to  Strickland,  10  Feb.,  1810,  and  in 
another  to  C.  Neale,  10  May,  1810.  (Ibid.)  But  the  General  added  a  postscript  to 
Neale,  permitting  the  use  of  such  a  titulus  ordinationis  only  in  extreme  necessity  : 
P.S.  Quae  bic  dicuntur,  ut,  casu  quo  111'.13  Archi-Epi".'s  aliter  judicat,  Ra  V?  permittat 
nostros  ordinari  titulo  alicujus  Eccl?e  sive  Congregaon.is,  haec  intelligenda  sunt  non 
nisi  in  extrema  necessitate ;  but  his  Paternity  believed  that  Carroll  would  not  take 
such  a  mew  in  the  circumstances.  (General  Archives  S.J.,  Maryl.  Epist.,  1,  ii. ;  copy 
of  the  foregoing  letter,  10  May,  1810,  in  the  hand  of  the  Secretary,  Korycki.)  Cf.  No. 
178,  U2. 

With  the  Scvcroli  declaration  (24  Dec.,  1813)  as  to  the  intrinsic  force  of  the  private 
restoration  by  aggregation  to  the  Society  in  Russia,  all  tlie  former  difficulties  were 
solved.  See  No.  178,  N-.  That  Rescript  declares  "  the  priests  and  clerics  in  question 
so  to  belong  to  the  Society  of  Jesus,  that  the  latter  can  be  admitted  to  Holy  Orders, 
servatis  servandis,  titulo  paupertatis  ;  the  former,  in  the  countries,  where  they  live  by 
Apostolical  grant,  enjoy  the  same  privileges,  as  the  members  of  the  Society  of  Jesus  in 
Russia." 

12  Compare  Carroll,  31  Jan.,  1814,  to  Father  Stone,  London  :  Argumentation  on 
the  abnormal  position  of  the  Society,  in  view  of  Clement  XIV.'s  Brief.     With  these 
impressions  on  my  mind,  and  the  recollection  of  the  solemn  orders  of  His  Holiness, 
contained  in  the  Briefs  for  my  Consecration,  the  erection  of  this  and  other  Episcopal 
Sees  in  the  United  States,  my  obligation  to  be  subject  to  the  commands  of  the  Cong!1 
de  Propd.a  fide  etc.,  I  never  could  persuade  myself  to  admit  that  our  young  men,  who 
associate  themselves  to  the  Society,  can  be  admitted  to  Orders,  titulo  religionis  ;  they 
are  ordained  titulo  missionis  under  the  authority  of  the  Ordinary. — As  long  as  I  and 
my  Coadjutor  Bis'.1  Neale  continue  alive,  there  will  be  little  or  no  inconvenience  ;  for 
we  shall  always  act  in  harmony  with  the  Superior  of  the  Society  :  but  in  England  I 
am  sensible  that  this  must  be  a  disagreeable  situation.     (English  Province  Archives, 
portfolio  0,ff.  109,  110,  Carroll,  31  Jan.,  1814,  to  Stone,  London ;  re-addressed  back  to 
Stonyhurst.)      Severoli's  Rescript  (No.  178,  N2),  declaring  precisely  the  contrary  of 
Carroll's  opinion,  had  already  been  issued,  but  not  yet  received  in  America. 


976  No.  192,  E-G.     THE  SYNODAL   ARTICLE   OF  1810  [VI 

E.  (1810,  November.) 

Tlic  occasion  given  for  formulating  the  resolution  about  regular  and 
secular  Congregations,  in  the  bishops'  meeting,  Nov.,  1810.  Kohlmann  and 
Malou,  both  in  New  York,  assign  the  action  of  C.  Neale  as  the  provocation.™ 
Kohlmann  to  Grassi  : "  "  Your  Rev.  knows  already  that  the  bishops 
lately  had  reason,  or  at  least  they  were  dissatisfied  witli  the  manner  of 
proceeding  on  the  part  of  our  Superior,  in  removing  ours  from  their  parishes 
without  the  approbation  of  the  bishops,  who  have  made  an  ordinance  with 
reference  to  this,  restricting  the  power  of  religious  superiors." 

Malou    to    the  General:™  The  resolution  was  occasioned  by  the  abrupt 

removal  of  Father  Britt  from  the  German  church  at  Philadelphia,™  icithout 

providing  a  substitute,  and  'without  giving  notice  to  ecclesiastical  superiors. 

The  same  occurred  in  a  case  of  Father  Edelen.     In  fine,  when  (Beeston) 

the  pastor  of  the  archbishop's  cathedral  died,  his  Grace  asked  for  the  elder 

Fenwicle ;  but  for  months  he  icas  refused,  and  was  forced  in  the   mean  time 

to  do  the  pastoral  work  himself. 

F.  1810,  November  15. 

Pastoral  of  the  l>ishops,  dated  Baltimore,  15  Nov.,  1810. 

The  preamble  states  that  a  meeting  had  been  held,  for  establishing  uni- 
formity of  action  in  the  different  dioceses  ;  but  that  the  bishops  have  reserved 
to  a  future  occasion  a  general  review  of  the  question.  Some  matters, 
requiring  immediate  attention,  were  maturely  discussed,  on  which  after 
humbly  invoking  the  assistance  of  the  Divine  Spirit,  resolutions  or  ordi- 
nances were  made  which  in  due  time  will  be  communicated  to  the  Clergy 
or  Laity,  as  they  may  be  concerned  in  them.  The  following  are  some  of 
these,  and  are  now  published  for  general  information.  Five  points  follow. 
The  signatures  of  the  five  bishops  are  appended  :  the  Archbishop  of 
Baltimore,  and  his  Coadjutor,  L.  Neale;  the  Bishops  of  Philadelphia, 
Boston,  and  Bardstoivn.17 

G.  1810,  November  15. 

The  Hegidations,  containing  the  resolution  subsequently  spoken  of  as  the 
"  synodal  article  "  of  1810.  There  are  eighteen  points,  and  they  include  the 
five  published  in  the  Pastoral  (F). 

Regulations  given  by  the  Archbishop  Carroll  and  the  other  bishops, 
1810. 

The  first  is  about  a  Provincial  Council  to  be  held  before  the  1st  of  Nov., 
1812  ;  and  in  the  meantime  the  Archbishop  and  Bishops  will  now  consider 

13  Tiie  statement  of  Malou,  wlio  had  just  arrived  from  Europe,  naturally  reflects 
Kohlmann's  opinion. 

14  Ubi  infra,  M,  2  Apr.,  1S11. 
13  Ubi  infra,  W,  20  Nov.,  1811. 

10  Cf.  supra,  D,  note  10,  Carroll,  19  Sept.,  1S08,  to  Molyneux. 
17  Cf.  J.  G.  Shea,  History  of   the  Catholic  Church   in  the  United   States,   ii. 
G33-G35. 


§    1 6]  No.  192,  H.     C.    NEALE  AND   CARROLL,    1810,  1811  977 

together  such  matters  as  to  them  appear  the  most  urgent,  and  they 
recommend  an  uniform  practice  in  regard  to  their  decisions,  until  the 
holding  of  the  said  Provincial  Council. 

The  second,  third,  and  fourth  arc  on  a  Diocesan  Synod,  episcopal 
visitation,  and  the  nomination  of  Bishops.  The  fifth,  published  as  second 
in  the  pamphlet  of  Mgr.  Marechal,  is  to  this  effect,  as  translated  from  the 
Latin  text : ls 

5.  "  WJien  priests,  who  are  members  of  secular  or  regular  Congregations, 
have  been,  icith  the  consent  of  Superiors,  charged  with  the  care  of  souls,  it  is 
our  opinion,  judicamus,  that  such  priests  ought  not  to  be  at  the  disposal  of 
their  Superiors,  and  be  re-called  against  the  will  of  the  Bishop.  However  we 
readily  profess  that  those  Congregations  are  in  high  honour  and  esteem  with 
us,  being  so  useful  to  our  dioceses,  and  that  ive  place  all  confidence  in  their 
Superiors.  We  shall  be  glad  to  see  members  of  our  dioceses,  who  wish  to 
embrace  the  religious  life,  adopt  the  rules  of  those  Congregations.  Nor  is  it 
our  intention  that  those,  whom  the  said  Congregations  really  need,  should  be 
bound  over  to  the  sacred  ministry  ;  nor  even  to  prevent  priests,  who  are  work- 
ing in  the  missions,  from  being  recalled,  provided  that  this  recall  appear  to 
the  diocesan  Bishop  altogether  necessary  for  the  existence  or  prosperity  of  the 
aforesaid  Congregations" 

H.  1810,  November  28. 

Protest  of  C.  Neale,  Superior  of  the  Jesuits.  From  the  date  and  tenor 
of  an  Extract,  communicated  apparently  to  the  General  of  the  Society  by  Mgr. 
Marechal  in  1822, w  it  would  appear  to  be  taken  from  a  letter  of  Neale's 
protesting  against  the  foregoing  article,  which  in  some  way  or  other  must  have 
been  communicated  to  him. 

Extract  of  a  letter  of  R'!  Ch.  Neale,  Sup1:  of  the  Society  to  Arch? 
Carroll,  dated  Mount  Carmel,  28th.  Nov.,  1810. 

Be  it  however,  Most  R^  Sir,  positively  understood,  that  I  mean  not  to 
give  up  any  control  over  any  individual  subject  of  our  Congregation  (that 
being  absolutely  necessary  for  the  well  governing  thereof).  It  is  true  I 
ought  to  be  reasonable  in  that  respect.  But  it  is  equally  certain  that  I 
have  no  authority  to  give  up  any  right  that  would  put  the  subject  out  of 
the  power  of  his  Superior,  who  must  and  ought  to  be  the  best  judge  of 
what  is  most  beneficial  to  the  universal  or  individual  good  of  the  members 
of  his  Congregation. 

Marechal  continues  ;  On  the  back  of  this  letter,  Arch?  Carroll  wrote 
these  two  words  :  Inadmissible  Pretensions.2" 

18  Cf.  No.  115,  §  5.     Cf.  infra,  p.  996. 

13  Note  11G,  E,  note  32,  (4). 

•°  In  1822  this  Extract  had  no  relevancy  to  the  Society  or  to  the  Archbishop  of 
Baltimore,  seeing  that  the  whole  status,  which  had  given  occasion  to  the  difference  in 
1810  between  Carroll  and  C.  Nealc,  had  been  radically  altered  by  the  Bull  of  1814 
which  restored  the  Order  canonically.     However,  the  words  of  the  ill-drafted  article  : 
"  regular  Congregations"  left  the  bishops  still  liable  to  the  charge  of  having  passed  a 


978  No.  192,  J,  K.     C.    NEALE  AND   CARROLL,  1810,  1811  [VI 

J.  1811,  January  4. 

Kohlmann,  New  York,  4  Jan.,  1811,  to  (Grassi),  who  had  arrived  in 
America  the  preceding  year. 

A  severe  criticism  on  the  three  Ncales — the  Bishop  Coadjutor,  Charles, 
and  Francis — as  general  managers  of  all  the  Jesuit  policy  and  affairs.  In 
particular,  a  stricture  on  the  action  of  C.  Neale,  the  Superior,  in  making  a 
formal  protest  against  "  a  Synodal  Statute  of  the  Bishops  met  in  Baltimore." 
See  No.  115,  note  2,  pp.  389,  390. 

Among  other  points  of  business,  he  should  wish  to  have  Mr.  Cary  for  New 
York.  Mcjr.  Cheverus  of  Boston  is  willing  to  ordain  Cary,  if  Kohlmann 
(  Vicar  General  of  New  York)  gives  the  dimissorials. 

K.  1811,  January  10. 

Grassi,  10  Jan.,  1811,  to  Charles  Plowden.  He  gives  an  explanation  of 
the  tension  between  Archbishop  Carroll  and  the  Jesuits  of  Maryland.  Trans- 
lated from  the  Italian  into  English  by  Plowden. 

"At  iny  arrival  at  Baltimore,  I  found  Abp.  Carroll  alarmed  and 
frightened  by  the  Propag"  This  circumstance,  joined  to  a  want  of  good 
understanding  between  him  and  the  Neales,  has  occasioned  a  suspicion, 
which  in  my  opinion  is  ill  grounded,  that  said  Abp.  is  alienated  from  the 
Soct.y  The  Abp.  knows  for  certain  that,  in  consequence  of  an  application 
made  by  him  immediately  to  the  Pope,  not  through  Propag*  but  through 
the  channel  of  Mr.  Concannen,  on  the  business  of  our  restoration,  his 
Holiness  had  intrusted  to  said  Mr.  Concannen 21  a  writing,  I  believe,  of 
his  own  hand,  directed  to  the  Abp. ;  and  this  latter  is  persuaded  that 
said  paper  can  be  nothing  else  than  a  written  approbation  of  the  intire 
re-establishment  of  the  Society  in  this  country.  Mr.  Concannen,  to  whom 
this  writing  had  been  specially  recommended  as  a  paper  of  the  highest 
consequence,  would  not  send  it  with  other  papers,  which  are  all  arrived. 
He  kept  it  to  be  delivered  with  his  own  hand  to  Abp.  Carroll.  After 
Mr.  Concannen's  death  at  Naples,  it  was  believed  that  the  French  police- 
officers  had  seized  all  the  papers  belonging  to  the  deceased,  and  that  it 
would  be  extremely  difficult,  or  rather  impossible,  to  recover  the  fore- 
mentioned  paper.  Bp.  Neale  has  lately  assured  me,  that  Mr.  Concannen's 
papers  have  not  fallen  into  the  hands  of  the  French,  but  on  the  contrary 
have  all  been  consigned  to  a  certain  Mr.  Filicky  "  an  American,  well 
known  to  our  people,  and  that  letters  have  been  written  to  him  to  recover 
them.  May  God  grant  that  our  hopes  be  not  disappointed.  If  the 
expected  paper  be  favorable,  of  which  I  have  no  doubt,  it  will  produce  the 

resolution  in  terms  which  they  had  not  pondered,  as  will  appear  infra ;  and,  in  the  new 
hypotJicsis  adopted  by  Marechal,  that  the  Order  had  not  been  canonically  restored  in 
America,  the  article  bore  a  significance  ivhich  made  it  relevant  to  his  purpose.  Cf.  No. 
200,  E. 

21  Nominated  first  Bishop  of  New  York  at  the  same  time  as  the  Philadelphia  and 
other  new  Sees  were,  provided  with  bishops. 

22  Filicchi,  a  merchant  of  Livorno,  or  Leghorn. 


§  1 6]  No.  192,  L.     C.    NEALE   AND    CARROLL,    1810,   1811  979 

best  consequence  for  England,  as  well  as  for  America.  Our  F.  General 
must  have  had  some  notice  of  this  paper  ;  for  in  his  letter,  I  think  of  last 
May,  to  F.  Cha.  Neale,2'  he  inquires  if  a  writing  relative  to  the  re-esta- 
blishment of  the  Society  be  yet  arrived  from  Rome.  As  soon  as  more  shall 
be  known,  I  will  send  you  immediate  notice."  So  far  Mr.  Grassi.  He 
adds  that  he  is  stationed  in  Georgetown  College,  and  is  almost  as  busy 
with  various  occupations  as  Mr.  Thos.  Reeve  himself.  I  quite  agree  with 
him  in  his  opinion  of  Abp.  Carroll.  I  am  sure  he  is  a  friend  of  the  cause, 
and  I  believe  he  could  not  act  otherwise  than  he  has  done.  He  considers 
Mr.  Cha.  Neale  as  a  wrongheaded  man,  and  persons  who  knew  him  at 
Liege  and  Antwerp  are  nearly  of  the  same  opinion.24 

L.  1811,  March  1. 

Tlte  General  Brzozowshi,  1  Mar.,  1811,  to  O.  Neale. 

Repeating  the  representation  made  by  C.  Neale,  as  to  the  claims  of 
Carroll  on  tlie  services  of  tlte  Jesuits,25  the  General  denies  that  he  ever  gave 
or  could  give  such  atithority  to  the  arclibishop. 

Particular  arrangements  about  men  and  affairs.  Quod  1111"."8  Archi-epp"s 
ait  de  Sct'f,  earn  in  vestris  regionibus  non  esse,  se  habere  potestatem  a  me 
sibi  datam  mittendi  nostros  quocunque  velit  inconsulto  et  invito  Superiore,26 

23  The  General's  letter,  10  May,  N.S.,  1810,  does  not  speak  of  this  matter.   It  is  a  long 
and  reasoned  argument,  from  Pontifical  utterances,  regarding  the  re-establishment  so 
far  as  being  canonical,  the  Pope's  captivity  alone  having  prevented  the  issuing  of  a 
Rescript  or  Brief.     He  treats  a  possible  or  actual  difficulty  proposed  :  Dicet  aliquis, 
that  the  case  may  be  granted  for  Jesuits  sent  from  Russia  or  for  the  old  ex- Jesuits  of 
America ;  but  what  is  to  be  said  of  those  "  who  have  made  their  novitiate  here  "  ?     He 
considers  that  the  bishop  can,  with  a  safe  conscience,  "  ordain  ours  titulo  paupertatis  ;  " 
but  he  submits  to  Carroll's  judgment  in  the  matter,  and  desires  that  a  copy  of  this 
letter  be  respectfully  communicated  to  the  bishop.    See  supra,  D,  notes  11, 12.   In  subse- 
quent letters  there  is  mention  of  the  paper  committed  to  Concancn.     Thus,  31  May, 
1811,  to  C.  Neale :  Gratias  quoque  egi  misericordiarurn  Patri  et  Deo  totius  consola- 
tionis,  quod  Illn.»us  Arcbiepp.1'5  Carroll,  re  ex  litteris  meis  de  10  Maii  melius  intellecta, 
factus  sit  erga  vos  benignior.     Utinarn  perveniat  ad  ilium  quam  prinium  responsurn, 
quod  S.P.   dederat  per  Episcopum  Concanon ;  non  dubito  responsurn  illud  favere 
Societati  in  vestris  partibus,  et  per  illud  cessaturum  omne  dubium  de  canonica  vestra 
etiam  pro  foro  externo  existentia.      Postquam  responsurn  illud  perlatum  fuerit,  curet 
Ra  V:i.  omni  rnodo  ejus  exemplar  ad  me  transrnittendum.     (General  Archives  S.J., 
Epist.  VV.  GG.  in  Russ.  1809-14,  the  General's   Register ;  under  dates.)     A  similar 
reminder  was  given  to  Grassi,  May  22/June  3,  1811,  in  the  answer  to  Grassi's  letter  of 
27  Sept.,  1810.     (Ibid.,  Cbartopbylacium  Patris  Desperamus,  Assistant  of  the  General, 
Father  Brzozowski.)     As  the  paper  committed  to  Concanen  was  never  recovered,  there 
were  no  means  of  ever  ascertaining  u-hat  it  contained;  and  three  years  and  a  Jialf 
passed   before   the    Sevcroli  Rescript  gave    the  requisite  assurance  of  the   Sovereign 
Pontiff's  intentions.    During  this  period  Carroll  practically  lost  all  hope  of  ever  seeing 
the  Society  restored  in  the  manner  which  he  desired. 

24  Cf.  No.  178,  V-,  where  it  appears  that,  before  1S15,  Grassi  came  to  adopt  the 
views  of  the  Neale  party. 

•s  Cf.  supra,  D,  note  10. 

26  Inconsulto  et  invito  Superiore.  This  must  be  C.  Ncale's  representation  of  the 
issue.  It  is  not  in  Carroll's  statements  to  Molyneux,  (supra,  D,  note  10),  nor  in  the 
article  passed  at  the  bishops'  meeting,  Nov.,  1810,  ^vhich  restricts  itself  to  the  detention 
of  missionaries  in  parocJiial  service,  after  they  have  once  been  assigned  thereto.  It 
agrees,  hmoever,  with  the  claim  put  forward  by  Bishop  Egan,  in  his  letter,  14  Oct., 
1811  (infra,  V),  that  the  bishops  in  America  ought  to  have  the  power  also  of  calling  out 
tbe  members  of  any  lleligious  Society  established  in  tbis  country. 


980  No.  192,  M,  N.     C.    NEALE  AND  CARROLL,    1810,   1811  [VI 

hoc  totum  gratis  asserit.  Potestatern  hujusrnodi  in  praejudicia  Soct*!s  ego 
neque  potui  dare,  neque  dedi.  Rogavi  ilium  certe  in  exordiis  rerum,  dum 
nullus  ibi  adhuc  esset  Superior,  ut  rem  Soct".s  juvaret,  ut  Superiorem 
postea  a  me  confirmandum  constitueret,  quern  judicaret  aptissimum,  ut  ad 
Surnrnum  Pontificem  daret  literas  pro  inipetrando  Brevi  etc.,  nunquam 
vero  concessi  ut  Soct'!s  regimen  ab  eo  mutaretur.'27  Praeterea  scit  Pontifex 
nostros  esse  in  America,  non  tamen  jussit  eos  ibi  non  esse,  sed  e  contra 
promisit  beuigne  se  daturum  literas,  ne  VV!  AA!  et  EEp!  inquietent  eos, 
qui  aggregati  fuerint  Set"  in  Russia  existenti.  Gravis  aetas  111".1'  est  certe 
in  causa,  ob  quam  aeque  ac  ignorantiam  nostrorum  fundamentorum 
aliquanto  durius  procedat.  Agat  Ra  "V1?  cum  illo  mansuetissime,  exponat 
fundamenta  nostra,  roget  ne  opus,  quod  ipse  coepit  cum  tanto  Gla.e  Dv"!16 
incremento,  destruat  ;  dicat  sufficere  interea  consensum  taciturn  et  gene- 
ricum  S".1'  PonH.s  consensum  quern  jam  habemus,  recursum  nunc  non  dari,23 
ventura  meliora  tempora,  et  turn  omnia  plene  ab  eo  obtinenda.  Abstineo 
pluribus.  .  .  . 

M.  1811,  April  2. 

Kohlmann,  Neto  York,  2  Apr.,  1811,  to  Grassi,  Georgetown.  On  the 
difficulties  with  the  bishops.  Abstract  from  the  Italian. 

He  returns  a  direct  negative  to  the  proposal  that  some  one  (apparently 
Adam  Marshall*)  should  be  sent  to  New  York,  receive  dimissorials  from 
Kohlmann,  be  ordained,  and  then  be  sent  back  to  the  diocese  of  Archbishop 
Carroll.  He  asks,  why  not  come  to  an  understanding  with  the  archbishop, 
and  procure  the  ordination  there  ?  He  refers  to  the  article  passed  at  the  late 
meeting  of  the  bishops?3  He  then  discusses  a  number  of  projected  changes, 
which  loill  disgust  the  archbishop,  Mgr.  Ejn.:i,  "  etc.  etc.  etc."  The  affairs 
of  New  York. 

K.  1811,  April  17. 

The  General,  17  Apr.,  1811,  to  C.  Neale.  On  the  religious  status  of  the 
Jesuits  in  America.  Letter  sent  by  Fathers  Malon  and  Hantzau. 

On  Father  Paid  Kohlmann,  who  had  been  a  Franciscan,  and  had,  received 
a  dispensation  from  the  Sovereign  Pontiff,  enabling  him  to  enter  the  Society."0 

27  The  antecedent  letters  to  Carroll,  whicJi  we  find  registered,  arc  dated  respectively  : 
(Gruber),  13  Mar.,  N.S.,  1S04  (Md.-N.  Y.  Province  copy,  12  May,  1804)  ;  (Brzozow- 
ski),  17  Sept.,  1S05  (Ephemerides,  P.  Korycki,  "  17  Nov.,  N.S.I5  'Nov.,  V.S.,"  1805)  ; 
9  June,  N.S.,  1806  ;  16  July,  N.S.,  1807. 

28  The  Pope  was  at  this  time  imprisoned  at  Savona. 
2U  See  supra,  E. 

30  The  dispensation  for  Paul  Kohlmann,  from  the  Nuncio  at  Vienna,  is  remarkable 
for  its  style  at  a  time  when  the  Society  seemed  to  be  so  precariously  re-established. 


ADMODUM  Rsv1;12  PATER, 

Per  me  a  Pontifice  Maximo  irnpetratum  est,  ut  Admodum  R'!ne  Pater- 
nitati  Tuae  Jesu  Societatem  ingredi  liceat.  Sed  hujusmodi  benignitate  non  poteris 
frui,  nisi  te  ad  P.  Brzozowski  Praeposituui  Generalem  convertas,  cujus  voluntati  et 
arbitrio  tota  res  haec  tradita  est.  Hoc  igitur  te  monitum  volui,  ne  moreris  ea  facere, 


§  1 6]  No.  192,  O.     C.    NEALE  AND    CARROLL,    1810,   1811  981 

Tims  four  missionaries  have  now  been  assigned  by  the  General  to  the 
American  Mission.  The  Pope's  declining  to  let  the  younger  Jesuits  among 
the  Neapolitan  exiles  pass  over  into  Russia,  as  the  General  desired,  because 
His  Holiness  teas  contemplating  a  Bull  of  universal  restoration,  but  was 
impeded  by  being  carried  off"  into  exile.  Respects  of  the  General  to  Arch- 
bishop Carroll  and  Bishop  L.  Ncale.  He  adds  an  Appendix  on  the  necessary 
inferences  to  be  drawn  from  the  foregoing : 

Appendix  ad  epistolam  datam  17  Apr.  B?  Pi  Carolo  Neale  Superiori. 

Epistola  haec  mea  sit  documento,  non  tantum  eos,  qui  e  Russia  in 
American!  missi  sunt,  sed  etiam  alios  omnes  sive  antiques  nostros,  sive 
recens  admissos  vel  admittendos  pertinere  ad  Sect".11,  quae  est  in  Russia ; 
ad  hujusmodi  iiicorporationem  sive  unionem  faciendam  me  dedisse  R?  P! 
Molyneux  et  Ra.e  Va.e  dare  omnem  facultatem,  pro  foro  scilicet  interne, 
curn  vestis  Societatis  propria  alioqui  11011  portetur ;  me  considerare  omnes 
ibi  susceptos  tanquam  incorporates  Provinciae  Rossiacae ;  suffragia  pro 
mortuis  in  America  fieri  ac  pro  Sociis  ejusdem  Provinciae.  Patres  pro- 
inde,  cum  sint  Religiosi  et  non  vocentur  Missionarii  Ap''™,:il  debere  pendere 
quoad  religiosam  disciplinam  a  suis  Superioribus  et  a  P?  Gn1.1  Hanc 
appendicem  communicet  R?  V?  cum  111"!0  Archiep1'0  et  cum  aliis  quibus 
communicanda  videbitur. 

0.  (1811,  May  25.) 

Carroll,  (25  May,  1811),  to  the  General. 

His  antecedent  action  in  reconstituting  the  Society,  with  powers  sent  him 
by  Father  Gruber.  The  necessity  of  a  Superior  being  appointed,  who  should 
be  acceptable  to  the  bishops.  The  obligations  of  the  Ordinaries  at  present, 
until  an  authentic  Pontifical  declaration  shall  reach  them  as  to  the  legitimate 
status  of  the  Societi/  in  America.  The  inconsiderate  mode  of  procedure 
followed  by  C.  Neale.  See  No.  179,  M. 

quao  facienda  sunt,  ne  praefinitum  tempus  effluat.  Oro  Deum,  ut  in  nova  familia, 
cui  nomen  es  daturus,  is  quidem  sis,  a  quo  id  coeteri  capiant,  quod  sit  imitandum. 
Vale  Admodum  R'!ac  Paternitati  Tuae. 

Viennac,  3  Scptembris,  1808.     Signed  autograph  :  Addictiss.  Scrvus, 

F.  P.,  Archiep.  Nun1;  Ap. 

Addressed  to  Paul  Kohlmann,  Ferretc  apud  Altikirchum  in  Alsatia.  (Md.-N.  Y. 
Province  Archives,  1808,  Sept.  3.) 

The  General  remarked  later,  that  the  prorogation  of  this  dispensation,  allowing 
another  six  months'  delay,  was  signed  by  the  Pope's  own  hand,  which  his  Paternity 
knew  well,  having  received  an  autograph  letter  from  His  Holiness  on  a  former  occasion 
(Epist.  VV.  GG.  1783-1825,  the  General,  30  Sept.,  1813,  to  Grassi).  Cf.  No.  178,  K3, 
note  142. 

31  The  issue  about  Jesuits  being  sent  as  missionaries  apostolic  of  the  Propaganda, 
or  as  entirely  under  the  General' s  control,  had  been  settled  practically  (1807)  in  the  case 
of  Fathers  Grassi  and  Korsak,  who  with  Brother  Siurmer  were  deputed  at  the  request 
of  the  Russian  Emperor  for  China.  The  General  declined  to  pass  them  over  from  his 
jurisdiction,  recalled  them  from  Lisbon,  and  sent  them  to  England,  whence  Grassi 
(1S10)  ivas  ordered  to  America.  Cf.  Nos.  178,  note  68  ;  193,  C,  ad  note  25. 


982  No.  192,  P,  Q.     C.    NEALE  AND   CARROLL,    1810,   1811  [VI 

p.  1811,  May  31. 

The  General,  31  May,  1811,  to  C.  Neale. 

He  is  gratified  to  hear  that,  in  consequence  of  the  explanations  given  in 
his  letter  of  10  May,  1810,  "Archbishop  Carroll  has  become  more  kindly 
disposed  towards  you."  He  speaks  of  the  Papal  document  sent  through 
Bishop  Goncanen.  Of.  supra,  K,  note  23.  Many  particular  directions 
and  criticisms  on  a/airs  ;  wanted  a  full  catalogue  of  the  American  Mission  ; 
C.  Neale's  living  in  a  monastery,  as  chaplain  to  nuns ;  Georgetown  College  ; 
three  official  counsellors  appointed,  Kohlmann,  Epinette,  Grassi,  with  a  fourth 
to  be  chosen  ad  libitum,  etc.32 

Q.  1811,  June  10. 

B.  J.  Fcnwick,  New  York,  10  June,  1811,  to  Francis  Neale,  President 
of  Georgetown  College.  On  the  misunderstanding  with  the  bishops. 

In  answer  to  F.  Neale's  two  last  kind  and  affectionate  letters.  Benedict 
Fenwick's  defence  of  the  New  York  Literary  Institution,  as  a  foundation 
approved  by  the  former  Superior,  Molyncux.  The  enterprise  means  no 
hostility  to  Georgetown  College. 

Your  Reverence  talks  of  enemies  to  the  Society.  I  know  not 
who  they  are.  No  man  can  be  an  enemy  to  the  Society  who  is  not  an 
enemy  to  God  and  to  his  religion.  It  is  not  the  Clergy  and  Bishop  of 
Boston.  They  always  speak  of  it  in  the  highest  terms.  It  is  not  the 
Bishop  of  Philadelphia.  I  know  his  sentiments  on  that  head.  He  is  a 
pious  man  and  would  wish  it  all  success.  It  can't  be  our  most  venerable 
Arch-Bishop  Carrol.  He  is  too  well  known  for  so  ungenerous  a  thing 
ever  to  be  applied  in  the  most  distant  manner  to  him.  In  all  his  letters 
to  us  he  speaks  in  the  most  affectionate  manner  of  the  Society.  It  can't 
be  Mr.  Flaget — you  know  him  better  than  I.33  Who  then  are  these 
enemies  ?  If  any,  the  idea  can  attach  itself  to  but  two  or  three  seculars 
of  the  Clergy  of  Maryland.34  And  what  harm  can  they  do  it  ?  None. 
But  it  is  proper  that  you  should  know  one  thing  towit  [?]  :  that  it  is  much 
to  be  apprehended  that  a  coldness  for  and  a  want  of  confidence  in  the 
Society  will  take  place  in  the  breasts  of  three  of  the  first-named  Bishops, 
if  the  Society  does  not  cease  to  insist  upon  its  prerogatives  and  make  a 
less  bold  stand.  Bishop  Cheverus  spoke  lengthily  on  this  subject  to  us 
when  in  New  York  ; 35  and  ArchBishop  Carrol  complains  incessantly  in  his 

S2  In  a  letter,  No.  1,  to  Grassi,  May  22/Jun.  3,  1811,  the  General  answers  that 
Father's  first  letter  from  America  on  various  points  of  business,  repeats  the  substance 
of  May  31,  addressed  to  Neale  (P),  and  commissions  him  to  tender  the  General's  humble 
respects  to  Archbishop  Carroll.  (General  Archives  S.J.,  Chartophylacium  P.  Despera- 
mus ;  a  draft.) 

33  In  a  letter  of  Flaget,  1  Mar.,  1815,  to  Grassi,  the  bishop  expands  in  the  most 
affectionate  terms  on  the  old  Jesuits  of  the  Mississippi  and  on  the  recent  restoration  of 
the  Society.     He  begs  for  a  colony,  and  offers  every  inducement  to  have  his  hopes 
fulfilled.     (Md.-N.  Y.  Province  Archives,  wider  date  ;  3  pp.  4to.) 

34  C/.  No.  178,  M2. 

35  C/.  infra,  E2,  ad  note  71. 


§  16]  No.  192,  R-U.     C.    NEALE  AND  CARROLL,    1810,   1811  983 

letters  of  some  act  or  other.  It  seems  indeed  that  a  great  misunderstand- 
ing exists.  And,  should  it  once  come  to  an  explosion,  the  Society  will  be 
in  the  wrong,  because  it  is  dependent  on  them.  It  exists  indeed  now  but 
by  their  permission.  No  good  can  result  from  this  difference  and  a  great 
dea[7  of]  harm  will  follow.  It  has  already  scandalized  many.  The 
con[sequenc]e  will  be,  the  Society  will  be  hated.  I  fear  it. — I  wish 
that  it  were  possible  that  a  general  convocation  of  the  Society  could  take 
place ;  it  might  be  a  means  of  healing  this  difference. — I  have  mentioned 
these  things  because  I  deem  it  proper  that  you  should  be  acquainted  with 
them.  We  hear  here  what  you  will  never  be  told  at  Geo-Town  by  any  of 
the  members  at  or  in  the  vicinity  of  that  place,  altho'  they  also  may  know 
what  is  every  where  said  on  this  subject.  I  hope  all  however  will  be  for 
the  best.  God  grant  it  so. — Religion  suffers  enough  already. 
Points  of  business. 

R.  1811,  September  8,  N.S. 

The  General,  8  Sept.,  IS  11,  to  Carroll. 

His  astonishment  and  distress  at  receiving  (8  Aug.,  1811)  the  archbishop's 
account  (25  May,  1811)  of  C.  Ncale  s  management.  See  No.  115,  note  2, 
p.  389. 

S.  1811,  September  8. 

The  General,  8  Sept.,  1811,  to  C.  Neale. 

A  reminder  of  the  deference  due  to  the  Ordinaries.  See  No.  115, 
note  2,  p.  389. 

T.  1811,  September  11. 

C.  Ncale,  Mount  Carmcl,  11  Sept.,  1811,  to  F.  Ncale,  Georgetown. 

Some  business.  Extract  from  F.  General's  letter  just  received  is  as 
follows.  Quod  111.  Archiep.  ait,  earn  in  vestris  regionibus  non  esse,  se 
habere  potestatern  a  me  sibi  datam  mittendi  nostros  quocumque  velit 
inconsulto  et  invito  Superiore,  hoc  totum  gratis  asserit.  Potestatern  cum 
praejudicio  Societatis  ego  neque  potui  dare,  neque  dedi.  --  Nunquam 
concessi,  ut  regimen  Societatis  ab  eo  mutaretur.36  Let  ours  know  this, 
I  mean  the  Consultors  at  least,  as  well  as  the  enclosed  letter.  If  the 
meeting  be  closed,37  [let]  me  hear  the  result,  but  not  by  the  Rev.  Sy. 
Boarniau,  who  is  too  slow  in  his  motions. 

Yours, 

C.  NEALE. 

U.  1811,  October  8. 

Michael  Egan,  Bishop  of  Philadelphia,  Philadelphia,  8  Oct.,  1811,  to 
(Carroll).  Rantzau  desired  for  Philadelphia. 

His  recent  visitation  of  the  diocese.      The  Rev.  Mr.  Helbron's  advanced 

36  Cf.  supra,  L. 

37  Meeting  of  the  Corporation,  9  Sciit.,  adjourned  to  17  Sept.,  1811.    Cf.  No.  179,  0. 


984  No.  192,  V.     C.  NEALE  AND   CARROLL,    1810,   1811  [VI 

age  requires  that  he  be  assisted.  Egan  asks  the  aid  of  the  archbishop  in 
procuring  a  German  priest  for  Holy  Trinity  church.  A  Rev.  gentleman 
[Father  Maximilian  Rantzau],  who  arrived  here  lately  from  Germany,  in 
company  with  the  brother  [Paul]  of  Father  Kohlmann,  would  be  very 
acceptable.  The  Rev.  gentlemen  of  the  Society  ought  to  consider  that 
they  have  appointed  Mr.  Marshall,33  on  whom  I  have  every  claim,  to 
New  York  without  consulting  me.  They  should  indemnify  the  diocese 
by  granting  the  present  request  on  behalf  of  Holy  Trinity. 

V.  1811,  Oct.  14. 

Egan,   Philadelphia,   14  Oct.,  1811,  to  (Carroll).     On  the  question  of 
recalling  regulars,  and  calling  them  out. 

MOST  REV.  SIR, 

I  am  truly  thankful  to  the  Archbishop  for  his  goodness  in 
anticipating  my  request,  respecting  the  Rev.  Mr.  Rantzau,  as  I  have 
every  confidence  that  his  letter  to  the  Rev.  Charles  Neale  will  have 
the  desired  effect,  in  prevailing  on  that  Rev.  gentleman  to  appoint  Rev. 
Mr.  Rantzau  to  Holy  Trinity  Church ;  without  that  assistance,  I  should 
feel  very  uneasy,  in  consequence  of  a  letter  I  have  seen  of  Mr.  C.  Neale 
to  Rev.  Mr.  Kenny  on  that  subject,  dated  the  8th  Octr  It  seems  Rev. 
Mr.  Kenny39  in  my  absence,  but  with  the  consent  of  Mr.  Harold  my 
V.G.,  had  written  to  Mr.  Neale  in  the  name  of  the  trustees  of  Holy 
Trinity  Church,  requesting  him  to  have  the  goodness  to  consent  to  the 
appointment  of  Mr.  Rantzau  to  said  Church.  Rev.  Mr.  Neale  in  his 
answer  informs  Mr.  Kenny,  he  is  sorry  he  cannot  comply  with  his  request, 
as  there  is  a  great  want  of  missionaries  in  his  own  parts.40 

2nd.ly  (And  this  paragraph  in  his  letter  I  shall  transcribe  in  his  [C. 
Neale's]  own  words,  as  I  deem  it  worthy  of  the  Archbishop's  attention  :) 
"You  [Rev.  Mr.  Kenny]  will  likewise  inform  him,  R.  Mr.  Harold,  that  our 
Rev.  Father  General  has  forbidden  me  to  suffer  the  constitution  of  the 
Society  to  be  any  ways  changed,  which  would  be  the  case  were  its 
members  subject  to  Bishops,  and  not  to  their  own  Superiors.  All  ours 
must  be  recallable  at  the  will  of  their  religious  Superior.41  On  such 

38  A  native  of  Pennsylvania. 

39  Serving  pro  tcm.  at  Holy  Trinity.    Cf.  American  Catholic  Historical  Researches, 
x.  26. 

40  Rantzau  was  sent  by  C.  Neale  to  St.  Inigoes,  where,  says  Malou,  he  neither  knew 
nor  could  learn  English,   nor  did   he   know  farming,  so  as  to  manage  the  place. 
(Relation,  20  Nov.,  1811,  as  infra,  E".)     He  was  granted  then  to  Bishop  Egan,  but, 
having  failed  to  give  satisfaction,  he  was  not  desired  in  Philadelphia  any  more.     Cf. 
No.  178',  Z,  note  59. 

41  This  declaration  of  C.  Neale  is  exactly  contradictory  to  the  resolution  of  the 
bishops  nine  months  before.     In  the  next  paragraph,  Egan  deprecates  Nealc's  attitude, 
and  yet  docs  not  cite  the  resolution  even  in  this  private  letter  to  Carroll.    In  Malou's 
account  of  Carroll's  indignation  at  Neale' s  declaration  here  (infra,  E2),  the  resolution 
is  not  mentioned  as  referred  to  by  Carroll,  tliough  Malou  himself  gives  the  substance 
of  it,  and  states  that  it  was  the  origin  of  all  this  disturbance. 


§  1 6]  No.  192,  V.     C.    NEALE  AND   CARROLL,    1810,1811  985 

conditions,  if  it  should  ever  be  in  my  power,  I  will  with  pleasure  serve 
your  worthy  Bishop." 

The  Rev.  Mr.  Neale  makes  no  distinction  between  Jesuits  direct  from 
Russia,42  and  those  received  into  the  Society  here.  However,  as  I  suppose 
he  had  written  this  letter  before  he  received  the  Archbishop's,  I  hope 
he  will  change  his  mind,  and  not  insist  on  the  principle  he  had  laid  down, 
in  its  full  extent.  As  the  necessity  of  providing  for  Holy  Trinity  Church 
is  very  urgent,  I  am  willing  to  receive  Mr.  Rantzau  at  present  on  the 
terms  mentioned  by  the  Rev.  Mr.  Neale,  and  entreat  the  Archbishop 
to  intimate  the  same  to  him  in  whatever  terms  his  prudence  may 
suggest. 

It  is  indeed  greatly  to  be  regretted  that  we  can  have  no  communication 
with  his  Holiness,  at  this  critical  time.  We  may  then  easily  obtain  the 
power  of  calling  out  the  members  of  any  religious  Society  established 
in  this  country.43  When  the  necessities  of  the  diocese  require  it,  this 
power  is  invested  in  the  Bishops  of  Ireland,  because  it  is  a  mission 
country.'"  The  same  reason  applies  much  more  forcibly  to  this  country. 

I  remain,  Most  Rev.  Sir, 
Your  most  humble  and  obedient  servant, 

+   MICHAEL,  Bishop  of  Philadelphia. 

42  Cf.  supra,  K,  note  23  ;  N,  Appendix.     Rantzau  himself  would  rank  as  a  Jesuit 
direct  from  Russia. 

43  Calling  out :  this  goes  beyond  the  bishops'  resolution  (supra,  G),  which  spoke  only 
of  retaining  missionaries  in  parochial  work,  ivhcthcr  the  said  missionaries  belonged  to 
regular  or  secular  communities.    However,  the  principle  clearly  stated  here  by  Egan 
was  sufficiently  implied  in  the  resolution;  for,  if  bisliops  could  keep  regulars  when 
merely  lent  for  service,  the  same  power  should  enable  them  to  call  out  regulars  wJien 
wanted  for  service.     Yet  if,  as  he  implies  here,  bishops  had  no  power  over  regulars 
without  a  special  commission  of  the  Holy  See,  it  is  not  clear  why  the  same  vmpl/ication 
was  not  made  in  the  resolution.     Possibly,  the  explanation  is  that  the  bishops  were  not 
thinking  of  exempted  regulars  at  all,  but  of  such  as,  like  C.  Neale,  considered  them- 
selves to  be  regulars,  without  having  received  the  canonical  auttwrization.    It  appears, 
indeed,  from  the  documents  in  this  series,  that  the  resolution  ivas  directed  against  C. 
Neale  ;  and  the  communication  of  it,  however  made,  was  meant  to  convey  the  opinion  of 
the  bishops  on  his  claims.     TJiey  said,  judicamus,  "  we  are  of  opinion."     Cf.  infra, 
No.  193,  C,  Kenney's  analysis  of  the  article.     Of  the  article  being  cited,  even  to  Neale 
himself,  we  find  no  trace.   As  to  its  ever  having  been  published,  the  General's  Report  to 
the  Propaganda  (No.  118,-§  15,  p.  445)  states  distinctly  that  Bishops  Carroll  and  Neale 
"  never  published  it,"  essi  non  niai  lo  pubblicarono.     That  Report  was  apparently 
drawn  up  by  Grassi  himself,  and  was  ascribed  by  Marechal  to  that  Father  (No.  118, 
note  1),  whom  the  present  documents  show  to  have  been  in  the  very  midst  of  all  the 
turmoil — ce  tintarnarre,  says  Malou — caused  by  the  communication  of  the  rcsohction 
to  C.  Neale.      Marechal,  on  the  contrary,  conveyed  the  idea  to  Card.  Fontana  that 
the  article  was  publislied :  Ex  quo  haec  regula  disciplinae  publicata  fuit  (No.  115, 
§  5) ;  and  he  went  on  immediately  to  say  that  it  put  an  end  to  all  controversy  about 
jurisdiction  "  between  Archbishop  Carroll  and  the  Superiors  of  the  Society..:  "  nulla 
alicujus  moment!,  quantum  noverim,  controversia  quoad  jurisdictionem  extitit  inter 
IHmum  DE>.  Carroll  et  superiores  Societatis.    How  inexact  this  statement  was,  for  the 
time  prior  to  the  canonical  restoration  of  the  Society,  is  evidenced  by  the  controversy 
now  raging.     And  how  inapplicable  it  was  to  the  time  afterwards  is  clear  by  Carroll's 
own  statements  passim  (cf.  Nos.  178,  Q2,  U* ;  188,  E). 

44  The  statement  here  should  rather  be  inverted.  Certain  powers  were  granted,  not 
to  the  bishops  of  Ireland  because  it  was  a  mission  country,  but  to  the  bishops  of  that 
missionary  country  because  it  was  Ireland.  Egan  is,  no  doubt,  referring  to  the  ample 
provisions  made  in  a  Particular  Congregation  of  the  Propaganda,  7  May,  1743,  revised 

VOL.    I.  3S 


986  No.  192.     C.   NEALE  AND    CARROLL,    1810,   1811  [VI 

Md.-N.  Y.  Province  Archives,  1810,  Sept.  11,  Carroll,  Washington,  to  C. 
Neale,  Port  Tobacco ;  2  pp.  4to,  No.  90.     Ibid.,  1811,  Jan.  4,  Kohlmann,  Neiu 
York,  to  (Grassi,  by  whom  it  is  endorsed) ;  4  pp.  4to.      Ibid.,  1811,  Apr.  2, 
Kohlmann,  Neio  York,  to  Grassi,  Georgetown  ;  3  pp.  4to.    Ibid.,  1811,  June  10, 
B.  J.  Fenivick,  New  York,  to  F.  Ncalc,  President,  Georgetown ;  4pp.  4to.    Ibid., 
1811,  Sept.  11,  C.  Neale,  Mount  Carmel,  to  F.  Neale,  Georgetown. — Georgetown 
College  Transcripts,  1793-1814,  Egan,  Philadelphia,  8  Oct.,  1811,  to  (Carroll). 
Ibid.,  same  to  (same), 14  Oct.,  1811 ;  Bantzan  is  written  throughout  for  Rantzau. 
— Baltimore  Diocesan  Archives,  Carroll  Papers,  Administration,  11,  I,  MS. 
copy  or  draft  of  the  Pastoral  of  the  Bishops,  dated  Baltimore,  Nov.  15, 1810,  with 
the  names  of  the  five  bishops  copied.     Ibid.,  MS.  copy  or  draft  of  the  Regula- 
tions given  by  the  Archbishop  Carroll  and  the  other  bishops,  1810,  Nov.  15, 
1810,  with  the  names  of  the  five  bishops  copied. — General  Archives  S.J.,  Epist. 
VV.  GG.  in  Russ.  1809-14,  the  General  Brzozoivski,  1  Mar.,  1811,  to  C.  Neale. 
Ibid.,  same  to  same,  17  Apr.,  N.S.,  1811  :  Missa  per  PPf  Malou  et  Rantzau. 
Ibid.,  same  to  same,  31  May,  1811  :  Per  D™  Adams. — Ibid.,  Maryl.  Epist.,  6,  i., 
Marechal's   Extracts   (cf.   No.   116,   E,   note   32,  p.  424). — English  Province 
Archives,  Letters  of  Fr.  Plowden,  l,f.  203,  7  Mar.,  1811,  Plowden  to  (Strick- 
land ?),  Poland  St.,  London,  containing  a  translation  in  part  of  Grassi's  Italian 
letter,  (Georgetown),  10  Jan.,  1811. 

So  far  the  papers  would  seem,  to  show,  in  the  passing  of  the  bishops' 
resolution,  1810,  a  development  of  Bishop  Egans  original  idea, 
towards  secularizing  for  missionary  purposes  the  regular  Orders 
of  the  OJiurch.  When  a  curate,  he  had  brought  about  a  new 
status  for  the  Franciscan  Order  in  America  ; 45  and  he  said  that 
the  Augustinian  Order  had  already  been  treated  similarly?" 
In  one  of  the  dioceses,  that  of  Bardstown,  the  English  Dominicans 

28  July,  1750,  and  sanctioned  by  His  Holiness,  15  Dec.,  1750.  There  is  nothing  in 
these  decrees  about  "  calling  out "  regulars  independently  of  their  religious  superiors, 
nor  about  detaining  them  in  service.  But  the  bishops  arc  directed  to  fill  places  with 
regulars  ad  interim,  when  secular  priests  are  wanting ;  the  Belgian  Nuncio  is  to  be 
notified  of  the  missionary  districts  to  which  superiors  assign  regulars ;  and  the  bishops 
arc  free  to  change,  for  a  sufficient  reason,  such  missionary  destination  :— 

I.  Large  parishes  to  be  subdivided,  and  provided  with  secular  clergy.  Et  quoties- 
curnque  desint  presbyteri  saeculares  ad  ejusmodi  munus  satis  idonei,  substituant 
ipsorurn  loco  ad  interim,  et  per  modum  provisionis  regulares,  qui  tamen  argumenta 
probatae  pietatis  et  zeli  in  animarum  salute  curanda  praebuerint.  II.  All  Irish 
priests,  ordained  titulo  missionis  Hyberniae,  etc.,  to  betake  themselves  to  Ireland 
within  a  year,  etc.  III.  Definition  of  exempted  religious  houses.  IV.  Regulars,  who 
go  to  Ireland,  must  have  letters  of  obedience  from  their  General  or  Provincial  Superiors. 
Qui  vero  legitimis  obedientialibus  muniti  erunt,  eas  Episcopis,  ad  quorum  dioeceses 
accesserint  exhibere  debeant,  una  cum  literis  testimonialibus  nuncii  apostolici 
Bruxellensis  qui  raissionibus  Hybernis  praeest,  eique  [risque  ?]  pariter  patefacere 
teneantur  locum  sou  districtum,  ad  quern  a  suo  respective  regulari  superiore  designati 
fuerint.  Liberum  autem  sit  cuique  Ordinario  in  propria  dioecesi,  si  justa  causa  ei 
subeat,  vel  inali  cavendi  vel  cousulendi  major!  animarum  bono,  iis  alia  loca  consti- 
tuere,  in  quibus  missionis  munia  utiliter  exercere  valeant.  Hujusmodi  itidem  testi- 
rnoniales  literae  nuncii  apostolici  exhibendae  erunt  etiam  a  quolibet  presbytero 
saeculari,  et  sine  iis  nemo  ad  missionern  accedere  audeat.  Quotiescunque  autem  ob 
rationabilem  causam  transferendus  sit  aliquis  religiosus  rnissionarius  ab  uno  ad  alium 
locum,  id  a  superiore  regulari  minime  fiat,  nisi  requisite  et  obtento  consensu 
Ordinarii.  Qualifications  of  such  regulars.  Visitors  of  regular  Orders. — Two  other 
chapters  of  decrees  folloiv  (28  and  30  July,  1850)  on  general  Irish  affairs,  and  on 
schools.  (Propaganda  Archives,  Congregazioni  Particolari  d'Ibernia,  dell'anno  1750, 
ff.  99-101.) 

45  Supra,  A-C. 

4li  Supra,  A, 


§  16]          No.  192,  W,  X.     C.    NEALE   AND   CARROLL,    1810,   1811  987 

had  already  settled ; 47  and  the  Trappists  were  establishing  them- 
selves in  the  States.  All  these  would  be  affected  by  the  secularizing 
purport  of  the  resolution. 

Nevertheless,  it  has  already  transpired,  and  it  will  be  seen  still  more 
clearly  from  the  following  documents,  that  Archbishop  Carroll 
himself,  while  seeming  to  repudiate  any  attempt  on  the  regular 
Orders,  or  even  on  the  unrestorcd  Society,  does  at  least  not  excuse 
himself  from  responsibility  for  the  resolution.  If  he  had  endorsed 
it  in  the  precise  significance  of  its  terms,  his  action  in  doing  so 
should  have  to  be  connected  with  some  other  statements  of  7m.48 
If  he  had  not  meant  the  resolution  to  signify  what  its  terms 
express,  then  the  drafting  of  it  in  such  a  form  would  suggest  a 
reflection  on  the  hasty  or  at  least  temporary  character  of  the 
bishops'*  proceedings  at  their  meeting,  as  will  be  evinced  by  the 
critique  on  the  resolution,  in  the  next  Number  (193). 

W.  1811,  (October  16). 

The  General,  (16  Oct.),  1811,  to  C.  Needed  A  letter  of  expostulation 
on  all  matters  concerning  the  government  of  the  Maryland  Mission ;  in 
particular,  on  his  manner  of  treating  Archbishop  Carroll.  Incomplete,  and 
the  ivhole  cancelled. 

This  is  the  eleventh  letter  which  the  General  writes  to  C.  Neale,  from 
whom  he  has  received  only  three  in  all.  On  Neale's  impracticable  manner  of 
dealing  with  the  archbishop :  Perlatum  postea  fuit  ad  me,  R".'  V"?  cum  1111"0 
Archiepiscopo  dure  agere,  petitis  ipsius  reluctari,  velle  juxta  privilegia 
Societatis  Societatem  gubernare,  his  difficillimis  temporibus,  quibus 
Societas  in  ilia  regione  nondum  est  canonice  approbata.  Scripsi  R*e  Vae 
[Finis.] 

X.  1811,  October  16. 

The  General,  16  Oct.,  1811,  N.S.,  1o  C.  Neale.  Letter  substituted  for  the 
preceding. 

A  formal  letter,  announcing  the  appointment  of  Father  John  Anthony 
Grassi  as  Superior  of  the  American  Mission,  in  place  of  C.  Neale. 
Directions  about  the  profession  of  Grassi,  etc.  Thanks  to  Neale  for  his 
administration. 

47  Infra,  F2. 

48  Cf.  Nos.  178,  Q2,  note  87  ;  188,  E,  ad  note  6.     Tliere  are  other  passages  of  a  more 
general  import,  though  at  a  much  earlier  period.     They  will  be  considered  in  due  time. 
Cf.  J.  G.  Shea,  History  of  the  Catholic  Church  in  the  United  States,  ii.  249-251. 

«  From  D2,  infra,  the  General,  20  Nov.,  1811,  to  Carroll,  it  appears  that  this  scries 
of  Utters  from  the  General  (W-Z)  was  partly  due  to  the  archbishop's  suggestions, 
25  May,  1811,  received  8  Aug.,  1811.  Letters  of  an  import  similar  to  that  of  Carroll's 
were  sent  by  Jesuits  in  the  American  Mission  (cf.  Z). 


988  No.  192,  Y-A'.     C.    NEALE  AND    CARROLL,    1810,   1811  [VI 

Y.  1811,  October  16. 

Tiie  General,  16  Oct.,  1811,  to  Grassi.  Appointing  Grassi  Hector  of 
Georgetown  College  and  Superior  of  the  Mission. 

Apologies  due  to  the  archbishop  and  bishops  of  America.™  Business. 
Reference  to  the  rescript  of  the  Sovereign  Pontiff,  expected  through  Bishop 
Concanen.  The  General  promises  a  letter  to  Carroll  through  the  Minister 
(Adams).  Grassi  loill  understand  from  the  General's  letters  to  Neale  that 
a  Pontifical  rescript  is  necessary  to  re-establish  the  Society  publicly : 
cognoscet  [R?  V?]  ex  omnibus,  ibi  in  America,  antequam  rescriptum  S.  P? 
veniat  favorabile,  et  derogans  Brevi  Clemen tis  XIV.,  nos  non  posse 
praetendere  antiqua  nostra  jura  et  privilegia  in  praejudicium  Epis- 
coporum,  bono,  suavi  et  humili  modo  agendum  cum  ipsis  esse,  indulgendo, 
orando,  et  interim  domi  et  foris  agendo  quae  nostri  sunt  Instituti  ad 
gloriam  Dei  et  salutem  animarum. 

Z.  1811,  October  16. 

The  General,  16  Oct.,  1811,  to  Kohlmann,  New  York.  On  the  administra- 
tion of  C.  Neale. 

A  long  letter  of  directions,  desiring  him  to  assist  Grassi  with  advice,  etc. 
Among  the  "  essential  errors  "  of  C.  Neale,  the  General  notes  the  wrong  attitude 
taken  towards  the  episcopate :  Deo  sint  laudes  et  grates,  monitus  tandem 
fui  litteris  Ea.e  V".6  ac  P?  Grassi  de  essentialibus  erroribus  Pi  Caroli,  et  qui- 
dem  qui  maximus  est  in  his  circumstantiis,  de  illius  obfirmata  jurium  et 
privilegiorum  Soct*!3  praetensione  in  praejudicium  Episcoporum  in  hoc 
statu  rerum  vestrarum  nondum  firmato.51 

A2.  1811,  October  27. 

Carroll,  Baltimore,  21  Oct.,  1811,  to  Grassi,  Georgetown.  On  the 
difficulties  with  C.  Neale. 

EEV.  AND  DEAR  SIR, 

Both  your  letters  have  been  received;  the  first,  which  com- 
municated the  melancholy  account  of  Mr.  Fenwick's  death,  and  which  I 
had  the  painful  office  of  making  known  to  his  son  [Enoch  FenwicJc],  my 
excellent  companion ;  the  other  of  the  23'.'  inst.,  for  which  I  feel  myself 
under  great  obligations  to  you,  and  for  the  trouble  you  were  at  in 
vindicating  me  from  an  imputation,  which  would  indeed  have  given  me 
much  uneasiness,  were  I  not  conscious  to  myself  of  its  being  totally  un- 
founded.52 How  Mr.  Chs.  Neale  could  have  been  induced  to  misrepresent 
me  so  grievously,  and  undeservedly,  I  cannot  account  for  otherwise  than 
on  a  supposition,  that  my  authority  and  obligation  to  obey  orders  which 

50  Cf.  No.  115,  note  2. 

51  The  two  letters  to  C.  Neale  and  Kohlmann  (X  and  Z)  were  enclosed  in  that  to 
Grassi  (Y). 

M  Apparently  that  rehearsed  from  the  General's  letter  in  C.  Neale's,  11  Sept.,  1811, 
to  F.  Neale.     Sec  supra,  L,  T. 


§  16]         No.  192,  B2,  G-.     C.    NEALE   AND   CARROLL,    1810,   1811          989 

I  have  .sworn  to  obey,  might  prevent  him  from  exercising  episcopal  juris- 
diction more  than  myself.  Nothing  can  be  more  detrimental  to  the 
Society,  tend  more  to  hinder  its  perfect  re-establishment,  and  to  violate 
the  canons  of  the  Church,  than  his  pretensions,  of  which  he  has  given  a 
fresh  instance  in  the  case  of  Mr.  Eantzau,  without  the  least  necessity  or 
advantage.  For  the  credit  of  the  Society  we  have  too  much  cause  to 
blush  at  the  degraded  state  of  G.  Town  College,  and  I  am  glad  to  hear 
that  the  Gen!  knows  of  it ;  for  tho  it  is,  in  no  sense,  a  property  or  house 
of  the  Society,r>:j  yet,  the  members  of  it  being  of  that  body,  the  discredit 
attaches  to  them ;  and,  under  its  present  administration,  there  is  no 
remedy.  Other  business. 

B2.  1811,  November  1,  N.S. 

The  General,  1  Nov.,  1811,  to  Grassi,  icith  enclosures:  duplicate  of 
16  Oct.,  1811,  to  0.  Neale ;  M  a  letter  to  Carroll ;  53  and  others. 

A  fuller  treatment  of  the  matters  contained  in  the  letter  to  Grassi,  10 
Oct.,  1811.™  The  duplicate  for  C.  Neale  to  have  the  force  of  the  original. 

C-.  1811,  November  5. 

Carroll,  Baltimore,  5  Nov.,  1811,  to  C.  Neale,  near  Port  Tobacco.  On 
the  case  of  Rantzau,  and  the  status  of  the  Jesuits. 

EEV.  SIB, 

I  resume  again  a  subject,  on  which  you 'treated  in  your  last 
letter,  concerning  the  E'1  Mr.  Eantzau.  He  is  kept  at  Georgetown  (at 
whose  expense,  I  know  not ;  for  you  have  no  right  to  load  that  house 
with  it)  where  he  can  do  little,  if  any  service  at  all ;  you  alledge  your 
instructions  from  the  Eev'?  Fr  General  to  maintain  inviolate  the  Consti- 
tutions of  the  Society ;  and  it  would  be  surprising  indeed,  if  'that  duty 
were  not  imposed  on  you.  For  those  Constitutions  I  believe  that  no  one 
feels  more  respect,  or  a  higher  estimate  of  their  wisdom,  not  merely 
because  I  love  the  Society  with  the  most  filial  tenderness,  but  because  I 
have  studied  their  excellence,  and  in  various  countries  and  circumstances 
have  had  the  happiness  of  observing  their  effects  in  forming  the  minds 
and  hearts  of  those,  who  embraced  them  as  their  rules  of  life.  Every- 
where they  answer'd  the  most  religious  purposes  of  their  author.  Where- 
ever  these  Constitutions  were  observed  in  their  letter  and  spirit,  they 
raised  men  eminent  in  knowledge  for  defending  the  Church,  and  illus- 
trating its  history  and  doctrines  ;  great  masters  of  a  spiritual  life ;  zealous 
and  disinterested  labourers  in  all  the  functions  of  zeal  and  evangelical 
ministry ;  distinguished  for  their  talents,  success  and  reputation  in  the 

53  C/.  No.  178,  F,  G,  Y,  O2.    The  college  belonged  technically  to  the  Corporation.   Why 
Carroll  says  that  in  no  sense  the  college  belonged  to  the  Society,  is  not  clear.    He  stated 
at  other  times  that  it  should  revert  from  the  Corporation  to  the  Order.     Cf.  No.  113,  Q, 
p.  375,  med.    He  may  be  referring  to  the  circumstance  mentioned  by  Itim  to  C.  Neale 
(supra,  D),  that  the  Society  out  of  Russia  does  not  constitute  a  corporate  hody,  and 
is  incapable,  as  such,  of  holding  estates,  colleges,  etc. 

54  Stipra,  X.  «  Infra,  D2  ?  5li  Supra,  Y. 


990  No.  192,  C2.     C.    NEALE  AND   CARROLL,    1810,   1811  [VI 

education  of  youth  ;  studious  of  every  improvement  which  might  advance 
the  glory  of  God ;  sollicitous  to  recommend  themselves  to  the  first  pastors 
in  the  Church  by  their  co-operation  in  whatever  might  conduce  to  the 
salvation  of  souls.  In  what  respect  have  you  been  required  to  violate 
the  Constitutions  1 57  It  was  stated  to  you,  on  the  part  of  the  BP  of  Phila 
that  Mr.  Eantzau's  services  were  essentially  necessary  to  a  German 
Cong'.1  in  that  city,  where  there  was  no  other  who  could  understand  and 
instruct  many  of  them.  What  a  desirable  opportunity  was  this  for  you, 
in  the  genuine  spirit  of  the  Society,  to  accede  to  his  and  their  wishes,  and 
to  prove  your  readiness  to  grant  the  reasonable  request?  Was  not  the 
application  to  you  an  acknowledgement  of  your  having  authority  over 
him  ?  You  could  not  be  afraid  of  his  being  altogether  loosed  from  that 
authority.58  If  the  urgent  interests  of  the  Society  or  other  reasons  of 
weighty  consideration  should  hereafter  require  his  removal,  the  same 
means  would  be  left  in  your  power,  as  always  remained  with  the  former 
Superiors.59  They  advised  the  Bishops  by  whom  the  Jesuits  were  em- 
ployed ;  the  Bishops  might  alledge  their  wishes  to  retain  them,  but  never 

57  In  the  first  letter  written  by  the  General  (18  Sept.,  1809)  to  C.  Neale,  he  had 
expressed  a  hope  that  the  new  Superior,  who  had  been  nominated  by  Molyncux 
deceased  and  was  hcreioith  confirmed,  would  conduct  all  affairs  "  according  to  the  spirit 
of  St.  Ignatius  and  his  Institute,"  et  confide  in  Domino  fore,  ut  juxta  spiritum  S.  P. 
N'.  Ignatii  et  juxta  Institutum  ejus  [E?  Va]  regat  omniaque  constituat.  (General 
Archives  S.J.,  Epist.  VV.  GG.  in  Russ.,  1809-14.)  In  the  letter  of  1  Mar.,  1811, 
answering  Neale's  representation  of  Carroll's  action,  he  had  said,  that  he  had  never 
granted  the  prelate  power  "  to  change  the  government  of  the  Society,"  ut  Socf's  regimen 
ab  eo  niutaretur  (supra,  L).  On  the  otlicr  hand,  as  time  proceeded,  the  General  had 
to  complain  that  no  information  about  the  Mission  was  vouchsafed  him  by  C.  Nealc, 
no  orders  executed,  and,  in  particular,  that  he  had  not  left  his  remote  monastery^  of 
nuns,  forty  miles  away  from  Georgctmvn,  to  come  and  govern  the  Mission  (ibid., 
31  May,  1811) ;  while  one,  among  the  new  orders  given,  was  that  of  "  reverencing  the 
archbishop,"  Archiepi'"1"  reverere.  Following  this  letter  with  one  to  Grassi  (3  June, 
1811),  he  had  appointed  the  latter,  as  well  as  Fatliers  Epinette  and  Kohlmann,  official 
counsellors  of  C.  Nealc,  who  was  to  settle  with  them  the  question  whether  lie  could  live 
in  the  college  ;  and  his  Paternity  stated  that  the  Superior  had  been  written  to  in  this 
sense,  ut  habitet  in  Collegio  et  sit  simul  Rector  (ibid.,  Chartophylacium  P.  Despe- 
ramus;  cf.  supra,  P,  note  32).  When  Grassi  wrote  from  Georgetown  to  C.  Nealc  on 
many  points  of  business,  and  in  particular  mentioned  something  about  the  monastery 
(as  Neale's  abode  ?),  the  Superior  replied  in  a  short  and  characteristic  letter,  of  which 
the  last  phrase  in  a  postscript  is  this  :  Plane  non  intelligo  R.  Vtr?m  de  nostris  monia- 
liumque  rebus  (Md.-N.  Y.  Province  Archives,  1811,  Dec.  9,  C.  Ncale,  Mount  Carmcl, 
to  Grassi,  Georgetoion).  Hence  C.  Neale's  appeal  to  the  General  and  the  Constitutions, 
in  the  one  case  ivhere  he  was  at  variance  with  Carroll,  would  seem,  to  be  singularly  out 
of  harmony  with  his  disregard  for  both  the  Constitutions  and  the  General.  However, 
he  had  never  seen  the  Society  in  life  and  action,  having  been  only  a  novice  before  the 
Suppression,  whereas  Carroll  at  that  same  time  had  been  a  formed  man  of  learning 
and  wide  experience. 

58  This  sentence  docs  not  accord  with  the  literal  meaning  of  the  bisliops'  resolution : 
judicarnus  eos  non  debere  ex  superiorum  suorum  arbitrio  pendere.     See  Kenncy's 
observations,  No.  193,  C,  p.  1005. 

59  This  sentence  seems  contrary  to  the  last  clause  in  the  bishops'  resolution,  by 
which  the  Ordinary  was  made  the  ultimate  arbiter :  modo  haec  revocatio  dioecesano 
episcopo  omniuo  necessaria  ad  existentiam  aut  prosperitatem  praedictarurn  congre- 
gationum  esse  videatur.    See  Nos.  115,  §  5 ;  192,  G,  5.    If  the  context  here  is  Carroll's 
adequate  commentary  on  the  resolution,  he,  for  his  part,  meant  much  less  than  the 
article  says ;  and  ihc  whole  discussion  shoivs  that  the  resolution  was  a  hasty  utterance 
on  the  spur  of  the  moment  to  settle  a  domestic  dispute. 


§  1 6]  No.  192,  G-.     C.    NEALE  AND    CARROLL,    1810,  1811  991 

resisted  the  reasonable  and  respectful  requisitions  of  the  Superiors ;  and 
this  was  especially  considered  by  the  B'!s  when  they  met  last  year,  and 
formed  a  resolve  on  this  principle,  consulting  equally  what  was  due  to 
their  own  episcopal  prerogative  and  general  care  of  their  flocks,  and  the 
right  of  the  heads  of  religious  Orders.60  If  this  mutual  harmony  be  not 
preserved,  and  the  fault  lies  on  the  side  of  the  Superior,  what  hope  is 
there  of  the  Society  being  cherished,  and  its  full  re-establishment  being 
perfected  here  ?  You  must  expect  that  your  refusal  will  be  complained 
of  to  the  Pope,  if  ever  a  free  correspondence  be  renewed  with  him,  and 
made  a  handle  of  by  our  [!]  enemies  to  represent  our  Brethren  as  desirous 
of  unwarrantable  independence :  it  was  not  by  such  harshness  that  the 
Society  heretofore  obtained  the  confidence  of  the  Prelates  of  the  Church, 
and  was  enabled  by  them  to  render  such  eminent  services.  Remember 
that,  without  writing  a  line  of  civility  to  Bishop  Egan,  you  ordered  away 
from  Phil*  Mr.  Britt,  which  left  a  deep  impression.61  You  have  had  a 
favourable  opportunity  for  healing  that  wound  ;  you  did  not  avail  your- 
self of  it.  But  it  is  yet  in  your  power,  and  I  depend  on  your  giving  the 
matter  another  consideration.62  Much  might  be  added  on  this  subject ; 
but  this  will  be  sufficient,  if  you  be  governed  by  a  spirit  of  conciliation. 
My  best  respects  to  Mother  Prioress,  and  paternal  wishes  for  the  blessings 
of  heaven  on  her  pious  daughters  in  Christ.  I  am  respectfully, 
K'.1  Sir, 

Your  most  faithful  and  most  obed!  S' 

+  J.  Abp  of  B. 
Bal'T,  Nov.  5,  1811. 

P.S.  I  have  no  certainty  that  the  communication,  which  B?  Con- 
canen  had  to  make  to  me  from  his  Holiness  regarded  the  Society,  and 
which  communication  he  wrote  repeatedly,  and  told  one  of  our  venerable 

60  Carroll's  language  about  a  resolve  passed  at  a  meeting  of  bishops  is  technically 
identical  withthe  formulas  about  resolves  framed  at  meetings  of  the  Corporation,  when 
the  Board  passed  so  many  for  its  own  guidance,  and  Carroll  subscribed  his  name  to 
each  meeting.    It  is  noteworthy  that  here,  where,  he  should  quote  the  resohttion  against 
Ncale,  if  it  was  either  made  for  a  religious  Superior's  guidance  or  had  been  officially 
communicated  as  a  "  statute,''1  he  merely  refers  to  it  as  a  matter  which  concerned  the 
bishops,  and  which  apparently  was  meant  for  their  own  guidance,  in  tlie  sense  of  their 
first  resolution  or  Regulation  passed  at  that  same  meeting  (supra,  G).     He  does  refer 
immediately  afterwards  to  a  consequence  of  ignoring  the  principle  involved,  that  is, 
mutual  harmony  between  the  bishops  and  religious  Orders ;  but  the  conscience  is 
that  of  being  complained  of  to  the  Pope,  not  for  violating  any  statute  or  resolution, 
but  for  disturbing  mutual  harmony,  and  for  cultivating  an  unwarrantable  independ- 
ence, or  harshness  of  policy.    This  was  precisely  what  the  General  had  signified  in  the 
cancelled  letter  to  Ncale  about  information  received  that  he  was  dealing  "  harshly  with 
the  archbishop,"  dure  agere  (supra,  W) ;  and,  in  the  letter  to  Grassi  (supra,  Y),  that 
apologies  should  be  made  to  Carroll,  since  his  Paternity  had  long  been  left  in  the  dark 
about  Neale's  "  manner  of  government  and  especially  his  harshness  toivards  the  arch- 
bishop," me  ipsius  gubernandi  rnodum  et  speciatim  duritiem   erga  Archiepi";1"  diu 
nescivisse ;  that  he  himself  had  at  once  sent  a  letter  of  apology  for  Neale's  "  impru- 
dences," statim  me  dedisse  literas  ad  ilium  deprecatorias  pro  imprudentiis  (supra,  R) ; 
and  that  Grassi  should  proceed  on  quite  other  principles  (supra,  Y). 

61  Cf.  supra,  E,  Malou's  Relation. 

62  C.  Ncale  yielded  and  sent  llantzau  to  Philadelphia. 


992         No.  192,  D2,  E-.     C.    NEALE   AND    CARROLL,    1810,   1811  [VI 

surviving  Brethren  at  Leghorn,  could  be  trusted  only  to  ME.  I  thence 
inferred  that  it  could  relate  to  no  other  subject,  because  I  had,  by  a 
private  and  confidential  channel,  besought  his  Holiness  to  derogate,  at 
least  for  these  States,  by  an  express  Brief,  from  the  penalties  and  censures 
of  the  Ganganellian  Brief  which  had  its  full  execution  in  this  country  : 
and  I  aru  sure  that  no  ecclesiastical  tribunal  would  allow,  should  the 
point  ever  conie  to  a  discussion,  the  plea  of  an  oraculum  vivae  vocis,  in 
opposition  to  a  decree  formally  executed.  The  authority  of  the  Congreg" 
of  the  Prop?  is  great  here  for  the  government  of  Church  affairs  :  in  all 
rescripts  from  his  Holiness,  in  the  Bull  for  the  erection  of  the  dioceses, 
for  the  consec"  of  the  Bp.s,  in  the  oaths  of  office  required  of  them,  they 
are  bound  to  obey  its  instructions  :  and  I  know  that  my  delicacy  and 
embarassment,  between  inclination  and  attachment  on  one  side  and  duty 
confirmed  by  oath  on  the  other,  has  induced  some  and  perhaps  yourself 
to  impute  to  me  disaffection  to  the  Society,  which  I  am  confident  that  I 
love  more  than  you  do,  because  I  knew  it  much  better.  This  misrepre- 
sentation has  been  carried  to  the  Gen!,  who,  thank  God,  now  knows  how 
unfounded  it  was.  \FinisJ] 

D2.  1811,  November  20. 

The  General,  20  Nov.,  1811,  to  Carroll.  On  the  new  provisions  made. 
Apparently  the  letter  enclosed  in  that  of  1  Nov.,  N.S.,  1811,  to  Grassi.63 

Contents  of  his  letter,  8  Sept.,  1811,  to  Carroll.  Receipt  (8  Aug.,  1811) 
of  Carroll's  letter,  and  the  General's  action  in  consequence.64  Excuses  for 
not  appointing  Kohlmann  Superior,  as  Carroll  had  suggested,  and  for 
nominating  Grassi  instead.  Kohlmann's  laborious  work  in  Neio  York,  where 
a  substitute  could  not  easily  be  found  for  him.65  Grassi's  excellent  ante- 
cedents, formation  under  Pignatelli  at  Parma,  and  his  seniority  in  the 
Society.  As  to  C.  Neale,  the  General  trusts  that  he  has  already  resigned  the 
care  of  nuns,  on  which  subject  a  letter  now  sent  gives  instructions  to  Grassi  ; 
'if  not,  his  Grace  has  only  to  withdraw  the  faculties  necessari/  for  that  post, 
and  appoint  some  secular  priest,  or  a  religious  of  another  Order.  The  Jesuit 
Institute  on  this  matter.  The  document  entrusted  by  the  Pope  to  Bishop 
Concanen  ;  the  General  should  wish  to  have  a  copy. 

JJ-.  1811,  November  20. 

Father  Pierre  Malou,  New  York,  20  Nov.,  1811,  to  the  General.  His 
first  letter  to  the  General  from  America  ;  a  long  relation  about  matters  of  all 
kinds.66  Extracts,  translated  from  the  French. 

"  All  the  bishops,  excepting  Myr.  Neale,  are  exasperated  to  the  last  degree, 

61  Supra,  B*. 

61  Supra,  R,  W-Z. 

65  Cf.  No.  178,  Y2,  ad  note  120. 

65  Malou  had  been  in  America  thirteen  years  earlier.  He  as  well  as  Kohlmann 
give  valuable  accounts  of  New  York  at  this  period.  Malou  reports  in  this  letter  that  a 
boarding-college  is  asked  for  in  Boston. 


§   1 6]  No.  192,   W.     C.    NEALE  AND    CARROLL,    1810,   iSu  993 

not  against  the  Society,  but  against  what  they  call  the  triumvirate 67 — perhaps 
not  without  reason,  as  your  Rev.  may  judge  for  yourself  from  the  extracts  of 
letters  hereunto  annexed,  as  well  as  by  the  verbal  accounts.  Matters  had  come 
to  such  a  pass  that,  by  the  advice  of  many  among  ours,  I  thought  it  would  be 
well  for  me  to  address  the  archbishop  in  writing  and  bey  him,  in  the  name  of 
all,  to  suspend  all  action,  assuring  his  Grace  that,  ichen  Rev.  Father  General 
should  have  been  exactly  informed  of  how  things  stood,  I  doubted  not  but  that 
he  and  the  other  bishops  would  receive  entire  satisfaction.  Here,  word  for 
word,  is  the  portion  of  his  letter  which  decided  us  to  take  this  step.  After 
treating  with  Father  Kohlmann  about  different  affairs  relative  to  the  diocese, 
he  continues  thus  :  (e) 

"  '  Bishop  Egan  of  Philadelphia  sent  me  an  extract  of  a  letter  received 
from  Mr.  Charles  Neale,  in  answer  to  a  petition  of  the  Germans  of  Holy 
Trinity  church  in  Philadelphia,  asking  to  have  Mr.  Bantzau.  It  is  a  master 
piece  of  temerity  and  extravagance,  and,  if  the  General  does  not  make  Mr. 
Nealc  change  his  tone,  the  bishops  of  America,  obliged  as  they  are  to  main- 
tain the  discipline  of  the  Church,  and  bound  by  their  solemn  oath  to  obey  the 
orders  received  from  the  Congregation  of  the  Propaganda,  will  be  forced  to 
take  very  severe  measures  against  him  and  his  adherents.' 

"  Here  follows  the  extract  of  the  letter  of  Mr.  Neale  to  Mr.  Egan6S  of 
Philadelphia : 

"  '  Our  Rev.  Father  General  has  forbidden  me  to  allow  the  Constitutions 
of  the  Society  to  be  changed  in  any  way,  as  would  be  the  case  if  its  members 
were  subject  to  the  bishops  and  not  to  their  superiors.1  H9 

"  The  archbishop  then  continues  thus  ; 

"  '  What  language,  what  a  spirit  of  dissension  and  independence,  making 
the  bishops  his  subjects,  or  obliging  them  to  exclude  Mr.  Neale  and  all  those 
who  act  in  concert  with  him  from  the  direction  of  souls.  I  could  not  believe 
he  was  so  ignorant  or  presumptuous.  I  am  with  affectionate  consideration  for 
you  and  your  worthy  colleagues,'' 

"  Signed :  '  J.  -f  Archbishop  of  Baltimore.' 

"  Here  follows  the  copy  of  my  letter  as  approved." 

After  the  copy  of  his  own  long  letter  to  Carroll,  Malou  continues  to  the. 
General :  "I  do  not  know  whether  this  letter  will  meet  with  the  approbation 
of  your  Paternity.  But  it  is  a  true  axiom  that,  ivhen  the  country  is  in 
danger,  every  one  is  a  soldier,  and  we  certainly  are  at  that  pass  now.70  The 

(6)  The  following  extracts  are  given  by  Malou  in  French. 


e"  Evidently  the  three  Nealcs. 

08  Egan ;  it  should  be  Kenny.     Cf.  supra,  V. 


9  In  C.  Neale's  -text  (V)  it  may  seem  from  tlic  sentence  which  follows,  about  his 
subjects  being  recallable  ,  that  he  was  thinking  only  of  what  the  bishops'  resolution 
had  propounded,  about  the  said  missionaries  not  being  recallable  ;  and  that,  far  from 
assuming  independence  in  the  care  of  scnils,  he  was  asserting  a  right  of  withdrawal 
from  such  pastoral  care.  For  withdraival,  Carroll  goes  on  to  threaten  exclusion. 

70  Malou  had  been  a  leading  spirit  in  the  Belgian  Revolution,  and  had  been 
charged  at  the  time  with  a  public  administration.     Cf.  No.  178,  K3,  note  144. 


994  No.  192,  F-.     C.    NEALE  AND    CARROLL,    iSio,   1811  [Vi 

Bishop  of  Boston,  passing  by  here,  reported  that,  when  speaking  of  these 
differences  to  Father  Neale,  and  assuring  him  of  the  archbishop's  devotedness 
to  the  Society,  whereof  we  are  all  convinced,  Mr.  Neale  treated — and  this 
could  not  have  been  but  with  irony — of '  the  great  bishop,  and  that  what  he 
was  he  owed  to  them  • '  at  least  it  was  in  such  a  tone  that  this  bishop  caught 
the  observation  ;  and  he  was  indignant  at  it.n  However,  all  this  is  going  on 
still;  and  it  appears  from  the  last  neics  that  it  is  going  on  from  bad  to 
ivorse."  Still,  Neale  has  at  last  yielded.  Bantzaii  has  gone  to  Philadelphia  ; 
and  Malou  has  'written  to  the  archbishop,  as  being  a  neiv-comer,  and  more 
likely  to  appease  his  Grace. 

A  resolution  of  the  bishops  had  originated  all  this  hubbub,  tout  ce  tiuta- 
marre.  Occasion  of  the  resolution.7'2  C.  Neale's  solemn  protest  against  it ; 
"  and  all  this,  they  say,  by  the  positive  order  of  your  Paternity  ;  and  usually, 
they  say  further,  his  refusals  are  couched  in  language  far  from  moderate." 73 

F.  (1812,  January  27.) 

Carroll  (27  Jan.,  1812)  to  Plowdcn.     A  review.     Extracts. 

When  the  suffragan  Bishops  of  this  metropolitan  See  were  assembled 
here  in  Nov.r  1810  with  my  Coadjutor,  they  received  episcopal  consecration  ; 
and  for  some  days  after  we  regulated  some  points  for  the  government  of 
our  respective  dioceses.  TJie  letter  of  the  Irish  bishops  on  the  imprisonment 
of  the  Pope  ;  answer  of  the  American  prelates.  Difficulties  of  the  present 
ecclesiastical  situation.  Bp.  Flaget  of  Bardstown,  Kentucky,  entered 
on  a  field  well  prepared  for  his  coming  by  the  zealous  clergymen  who 
preceded  him,  and  great  is  his  encouragement  there.  The  English 
Dominicans,  who  came  some  years  ago,  are  settled  in  that  country,  have 
built  a  convent,  large  church,  college,  and  have  many  novices.  Besides 
four  priests  of  that  Order,  the  Bishop  found  and  carried  thither  five  other 
zealous  labourers,  is  building  a  seminary,  etc.  Too  much  praise  cannot 
be  given  by  me  to  the  priests  of  St.  Sulpice  here  for  their  zeal  and  sacri- 
fices to  the  public  cause.  They  now  maintain  and  educate  at  their  own 
expense  twenty  two  seminarians  for  the  ministry.  .  .  . 

71  Cf.  supra,  Q,  ad  note  35. 

72  See  supra,  E. 

73  This  careful  relation  of  Mali's  fills  eleven  closely  written  quarto  pages.     The 
General  ansioered  on  the  18th  of  March,  1812,  and  conveyed  some  useful  instruction 
to  the  old  soldier  who  had  rushed  into  the  breach.     In  the  first  place,  the  American 
Minister  at  St.  Petersburg  (Adams)  had  to  pay  forty  roubles  to  the  post,  for  the  trans- 
mission of  Malou' s  letter  from  the  American  Minister  in  Paris ;  the  latter  should  be 
asked  to  hold  communications  over  till  they  can  be  sent  by  hand.     Malou's  letters  are 
very  agreeable  :  je  remarque  cependant  que  quant  aux  projets  et  aux  affaires,  le  soin 
d'en  ecrire  au  P.  G'.'1  doit  etre  laisse  au  Superieur  et  a  ses  Consulteurs,  autrement 
cela  jotteroit  une  trop  grande  confusion  dans  1'esprit  du  P.  G?1,  s'il  devoit  entrer 
dans  I'id6e  de  tous  les  particuliers ;  je  remarque  encore,  qu'il  est  essentiel  que  vous 
cvitiez  dans  vos  lettres  certaines  expressions,  comme  celle  d'intrigues ;  la  lettre 
intercepted   feroit   qu'on   abuseroit  de   votre  simplicite,   et  qu'on  concevroit  trop 
rnauvaise  opinion  de  vous  et  du  corps.     On  Masses  for  stipends.     On  Mr.  Jumel  of 
New  York,  a  benefactor,  whose  kindness  the  General  will  requite  with  spiritual  aid. 
Salutation  to  Kohlmann  and  E.  Fcmvick. 


§  1 6]  No.  192.     C.   NEALE  AND    CARROLL,    1810,   1811  995 

General  Archives  S.J.,  the  Oeiieral,  (16  Oct.),  1811,  to  C.  Ncale;  cancelled. 
Ibid.,  same  to  same,  16  Oct.,  1811.  Ibid.,  tlie  General,  16  Oct.,  1811,  to  Grassi. 
Ibid.,  the  General,  16  Oct.,  1811,  to  Kohlmann,  New  York.  Ibid.,  the  General, 
20  Nov.,  1811,  to  Carroll. — Ibid.,  Chartophylacium  P.  Desperamus  (Assistant 
of  the  General),  the  General,  1  Nov.,  1811,  to  Grassi,  No.  3;  a  summary.— 
English  Province  Archives,  portfolio  6,  ff.  102",  103,  Carroll  (P.O.  mark : 
27  Jan.,  1812)  to  Plowden.—Hd.-N.  T.  Province  Archives,  1811,  Oct.  27, 
Carroll,  Baltimore,  to  Grassi,  Georgetown;  2  pp.  4to,  No.  102.  Ibid.,  1811, 
Nov.  5,  Carroll,  Baltimore,  to  C.  Ncale,  Port  Tobacco  ;  4  pp.  4to,  No.  103. 
Ibid.,  1811,  Nov.  20,  Malou,  New  York,  to  the  General;  11  pp.  closely 
written,  4to. 

The  letters  of  the  General  (16  Oct.,  1811)  arrived  in  due  time,  that  is, 
in  the  course  of  about  eight  months ;  and  they  took  effect  in  the 
succession  of  Grassi  to  C.  Ncale,  whereat  Kohlmann  expressed 
great  delight  (23  June,  1818).1*  Other  letters  followed  from 
Russia ;  but,  on  account  of  the  Napoleonic  invasion,  no  answer 
reached  the  General  to  assure  him  that  any  missive  had  arrived  at 
its  destination.  One  year  and  a  half  after  date  (32  Mar.,  N.S., 
1813),  he  wrote  to  Grassi,  enumerating  six  letters,  "  besides  others, 
which  I  directed  to  your  Rcv.}  as  well  as  to  others ;  "  and  he  said : 
"  to  your  Most  Rev.  Archbishop  I  addressed  two  others,  one  dated 
15  Sept.,  (1811),  the  other,  15  Oct. ;  "  he  wonders  whether  all 
have  miscarried.  "  I  sent  them  all,"  he  says,  "  through  your 
consul,  Mr.  Harris,  or  through  your  Minister,  his  Excellency 
Adams"  Duplicates  or  triplicates  ivere  sent  through  Father 
Strickland,  London.  At  last,  on  the  25th  of  March,  1813,  the 
General  ansivers  a  letter  received  from  Grassi. 

From  the  time  of  this  new  appointment,  the  amicable  relations  between 
Archbishop  Carroll  and  C.  Ncale' s  successor  are  sufficiently  por- 
trayed in  the  correspondence  given  already.15 

Of  the  resolution  passed  at  the  bishops'  meeting,  1810,  we  have  heard 
little  so  far  ;  and  we  never  hear  of  it  again  till  Marcchal's  time. 
Egan  had  not  even  quoted  it  against  C.  Neale,  when  complaining 
of  the  independence  manifested  by  the  latter,  and  desiring  that 
some  provisions  were  made  on  the  subject  with  the  sanction  of 
Papal  authority.™  Carroll  had  alluded  to  it  in  a  letter  of  grave 
remonstrance  to  the  same  Neale,  but  he  spoke  of  it  as  a  resolve 
formed  by  the  bislwps,  and  he  made  no  appeal  to  the  Superior  for 
obedience  to  the  resolution,  or  other  recognition  than  that  of  a 

74  Md.-N.  Y.  Province  Archives,  1812,  June  23,  Kohlmann,  New  York,  to  Grassi, 
Georgetown ;  a  letter  in  answer  to  points  presented  by  Grassi  for  advice  ;  3  pp.  4to. 

73  No.  178,  Y-K3,  9  July,  1812—23  Nov.,  1815.  The  earlier  portion  of  No.  178, 
L-X,  shows  a  series  of  documents  parallel  with  the  foregoing  in  this  No.  192,  from 
the  time  of  the  private  restoration  (1805)  till  Grassi' s  appointment  (1812). 

76  Supra,  V. 


996  No.  192.     MARECHAL   AND    THE   ARTICLE   OF  1810  [VI 

principle  underlying  it,  the  principle  of  mutual  harmony.77  It 
is  not  apparent  how  C.  Nealc  came  to  know  of  the  resolution  at 
all.  But  he  formulated  a  protest,  which  seems  to  have  been 
gratuitous ;  and,  the  first  time  the  resolution  appears  in  Jesuit 
papers,  it  has  already  the  name  of  a  "synodal  article"  as  if 
Neale  himself  had  branded  it  with  that  title™  Seeing  that  there 
was  no  semblance  of  a  Synod  in  the  bishops'  conference,  and  much 
less  the  Pontifical  sanction  necessary  for  decrees  passed  at  a  Synod, 
the  insinuation  conveyed  in  the  odious  title  would  have  made 
Egan  and  Carroll  only  the  more  sensitive  on  the  subject ; 
particularly  if  it  was  L.  Neale,  one  of  the  bishops  themselves, 
who  had  communicated  the  resolution  and  provoked  his  brother  s 
protest. 

In  1815  the  Bull  came  to  hand,  restoring  the  Society  in  canonical  form  ; 
and  it  went  into  operation  in  America.  The  Jesuits  were  now 
regulars  in  foro  externo,  u/ith  the  conditions  essential  to  the 
religious  state™ 

Several  more  years  passed,  and  Mgr.  Marcchal  succeeded  the  second 
Archbishop  of  Baltimore,  L.  Neale.  He  published  for  his  clergy 
an  undated  pamplilet^  beginning  with  an  address,  in  which  he 
stated  what  he  herewith  presented  for  their  consideration  and 
observance:  1.  the  statutes  of  the  Baltimore  Synod,  held  in 
1791 ; 81  2.  some  "  articles  of  discipline  "  sanctioned  by  the  bishops 
in  1810  ;  3.  some  new  provisions  of  his  own  :  Tota  haec  collectio 
triplici  continebitur  paragrapho :  1.  Vobis  exhibebit  statuta 
synodi  Baltiniorensis,  anno  1791  celebratae;  2.  Articulos  quos- 
dam  disciplinae  complectetur  quos  111.  D.  D.  Archiepiscopus 
Baltiniorensis  et  Foederatae  Americae  Episcopi  communi  con- 
sensu  anno  1810  sanxerunt ;  3.  Denique  paucas  regulas  conti- 
nebit,  quas  ut  conderemus  postulare  adjuncta  temporuni  in 
Domino  judicavimus.  The  second  paragraph,  pp.  28-86,  con- 
tains ten  of  the  eighteen  points  formulated  at  the  bishops 
conference,  1810.BZ  The  fifth  of  the  eighteen,  that  under  review 
about  "priests  belonging  to  secular  or  regular  Congregations," 
becomes  the  second  in  Marcchal' s  selection.  The  five  names  of  the 

77  Supra,  G-. 

78  Cf.  No.  115,  note  2. 

79  Cf.  p.  402,  note  49. 

80  Without  date,  place,  or  title-page  ;  34  pp.  Svo.     Our  copy  has  a  corroded  address 
on  the  paper  cover  :  [Rev]'*  Mr.  Carey,  seemingly  in  Marcchai's  hand. 

81  No.  161,  p.  701. 
s=  Supra,  G. 


§  1 6]       No.  192,  G":     MARECHAL  AND    THE   ARTICLE    OF  1810        997 

bishops  in  attendance  at  the  conference  are  attached  to  paragraph 
the  second  (p.  ^tf).83 

In  his  fundamental  document  addressed  to  the  Cardinal  Prefect  of  the 
Propaganda,  19  Aug.,  1820**  Marechal,  opening  his  controversy 
with  the  Jesuits  on  the  subject  of  jurisdiction,  adverted  to  the 
critique,  which  the  Jesuit  Visitor  Father  Kenney  had  passed  on 
the  resolution  of  the  'bishops,  or  the  "  rule  of  discipline."  85  He  cited 
Benedict  XIV.  as  sanctioning  the  principle  of  the  said  resolution®* 
Before  passing  on  to  Kcnncy's  critique,  we  adduce  the  relative 
passages  of  Benedict  XIV.,  and  some  kindred  documents. 

Documents  of  Benedict  XIV.,  etc.,  on  co-ordinate  jurisdiction. 

G2.  1744,  November  6. 

Apostolical  Constitution  of  Benedict  XIV.,  Firmandis  atque  asserendis, 
6  Nov.,  1744,  on  the  jurisdiction  of  bishops  with  regard  to  parochial  churches 
of  regulars,  and  to  the  persons  exercising  therein  pastoral  duties.  Extract 
on  the  independent  jurisdiction  of  the  Ordinary  and  of  the  regular  Superior, 
in  removing  a  regular  from  pastoral  duties. 

11.  Eveniente  autem  casu,  quo  vel  Episcopus  vel  Superior  Regularis 
aliquem  ex  praedictis  parochis  ab  exercitio  curae  removendum,  eadenique 
privandum  esse  judicaverint[/£?  ] ;  quoniam  hujusmodi  parochis  sine 
praevia  Episcopi  approbatione  ad  curam  animaruru  accedere  nequaquaru 
licet,  quamvis  a  suis  Superioribus  deputati,  iidernque  ad  nutum  sint  amo- 
vibiles ;  dubitatum  propterea  f  uit,  an  Episcopus  possit  ad  hujusrnodi 
reniotiones  procedere  sine  Superioris  Regularis  consensu,  et  an  remotionis 
causas  eidem  adducere  easque  verificare  deberet ;  turn  etiam  an  Regularis 
Superior,  ad  siniilem  remotionem  et  privationem  suo  jure  deveniens,  con- 
sensum  Episcopi  exquirere,  suasque  agendi  rationes  illi  notas  atque 
probatas  facere  teneretur.  Qua  de  re,  supradicta  Congregatio  Concilii 
decrevit,  hujusmodi  parochos  tarn  ab  Episcopo  quam  a  Superior!  Regulari, 

83  TJie  First  Provincial  Council  of  Baltimore,  held  in  1829,  published  its  acts  in 
1831,  with  a  decree  of  approbation  from  tlic  Propaganda,  28  June,  1830  (8vo,  pp.  29  ; 
Baltimore,  J.  D.  Toy,  1831 ;  cf.  No.  130,  C,  p.  517).     There  is  no  reference  here  to  the 
articles  of  1810.     In  later  volumes  of  Baltimore  Provincial  decrees,  ab  anno  1829  ad 
annum  1840  (printed  in  1842),  again,  ab  anno  1829  usque  ad  annum  1849  (printed 
in  1851),  the  articles  of  1810,  as  edited  by  Marechal,  are  prefixed  under  the  heading : 
Monitum  (pp.  21-24  and  25-28,  respectively) ;  and  the  tenth  Private  Congregation  of 
1829  is  cited  to  this  effect :  Magni  etiam  facimus  quae  ad  nos  pervenerunt,  ab  eodem 
venerabili  Praesule  [Carroll],  postquam  ad  dignitatem  Archiepiscopalem  evectus  est, 
gesta  una  cum  aliis  hujus  Provinciae  Episcopis  anno  1810.     lis  plurima  contineri 
agnoschnus,  quae  utilitatem  ac  aedificationem  magnam  afferunt ;  et  volumus  eadem 
Acta  prout  edita   sunt  a  proxime  defuncto  Archiepiscopo  [Marechal},  doctrina  et 
studio  fidei  venerabili,  iterum  cdi  una  cum  hujus  Provincialis  Concilii  decretis. 

84  No.  115. 

85  No.  193,  C ;  cf.  No.  191,  E. 
8G  No.  115,  §  7. 


998      No.  192,  H2,  J2.     MARECHAL  AND    THE  ARTICLE   OF  1810      [VI 

aequo  jure,  non  requisite  alterius  consensu,  ab  animarum  cura  removeri 
posse,  nee  unum  alteri  causam  judicii  sui  aperire,  ruultoque  minus  probare 
et  verificare  debere.  Id  quod  a  nobis  in  omnibus  approbatur  et  confirm- 
atur. 

Benedicti  XIV.  Bullarium. 

H2.  1751,  September  24. 

The  Nuncio  at  Brussels,  24  Sept.,  1751,  to  the  Secretary  of  the  Propaganda, 
Mgr.  Lercari,  forwarding  a  copy  of  the  Instruction  given,  18  Mar.,  1724,  to 
the  Nuncio  at  Brussels,  Joseph  Spinelli  (afterwards  Cardinal^,  on  the  affairs 
of  the  Vicars  Apostolic  and  regulars  in  England. 

After  much  fruitless  searching,  the  Instruction  of  the  Propaganda,  18 
Mar.,  1724,  to  Spinelli,  has  at  last  been  found,  and  the  Nuncio  herewith 
answers  the  demand  of  the  28th  Aug.,  liy  transmitting  at  once  a  copy*7 

J2.  1724,  March  18  :  (1751,  September  24). 

The  Instruction  given  to  the  Nuncio,  Brussels,  18  Mar.,  1724,  on  the 
Mission  of  England.  Ten  articles,  of  which  the  sixth  discusses  a  case  regard- 
ing the  authority  of  the  Carmelite  General  in  recalling  four  of  his  missionaries, 
and  rebuts  the  claim  of  Bishop  Giffard  to  interfere  ;  ivhile  article  the  tenth 
establishes  the  just  equilibrium  to  be  maintained  in  preserving  the  rights  of 
episcopal  authority,  and  protecting  the  regulars  without  any  infringement  of 
their  privileges  and  exemptions. 

1.  Issue  between  the  Vicars  Apostolic  of  England  and  the  Benedictines. 
2.  Former  decrees  remain  unchanged.  3.  Case  of  Father  HooJcesby,  Bene- 
dictine. 4.  Charges  of  Jansenism  against  the  Vicars  Apostolic  and  secular 
clergy  of  England.  5.  Charges  against  the  Vicars  Apostolic  on  the  score  of 
discrimination  in  the  distribution  of  alms,  etc.,  left  for  the  maintenance  of 
missionaries. 

Articolo  6?  E  gia  qualche  tempo,  che  Monsignor  Madaurense  Vicario 
Apostolico  del  Distretto  di  Londra  [Bishop  Giffard]  fece  esporre  alia  Sacra 
Congregazione,  che  il  presente  P.  Generale  de  Carmelitani  Scalzi  avea 
spedito  cola  un  Visitator  Generale  con  ordine  di  fame  partire  quattro 
religiosi  ....  Interposition  of  Bishop  Giffard,  appealing  to  the  Propa- 
ganda :  fece  istanza,  che  s'insistesse  presso  il  detto  P.  Generale,  accio  gli 
lasciasse  continuare  in  quella  Missione,  e  che  si  facesse  in  modo,  che  i 
religiosi  di  qualsivoglia  institute  dipendessero  dai  Vicarii  Apostolici  in  ci6, 
che  concerns  la  Missione,  durante  la  loro  dimora  in  quella.88  The  Pro- 
paganda sided  with  the  Carmelite  General  in  the  case. 

Da  quello  pero  che  e  succeduto  in  questo  caso,  e  da  quanto  si  e  detto 

87  The  urgent  demand  for  this  Instruction  seems  to  be  connected  with  the  Apostolical 
Constitution,  Apostolicum  ministerium  (infra,  K:). 

'  This  claim  of  Bishop  Giffard' s  agrees  substantially  with  the  tenor  of  the  American 
bishops'  resolution  in  1810  (supra,  G).  It  falls  short  of  Egan's  proposal  (V)  about 
calling  out  regulars. 


§  1 6]        No.  192,  J2.     MARECHAL   AND    THE  ARTICLE    OF  1810        999 

per  parte  de'Vicarii  Apostolici  su  1'articolo  della  subordinazione,  che  pre- 
tendono  dai  Missionari  Regolari,  ha  avuto  gran  motive  la  Sacra  Congre- 
gazione  di  raccogliere,  che  i  detti  Vicarii  Apostolici  abbiano  opinione,  che 
una  volta  che  sia  rimasto  ammesso  alcuno  per  Missionario,  questo  divenga 
cosi  dipendente  alPautorita  loro,  che  in  tutto  e  per  tutto  rimanga  loro 
subordinato,  senza  che  i  superiori  regolari  ne  possano  piit  deporre  [disporre  ?] 
per  fino  a  tanto  che  persevera  in  detto  offizio. 

Ma  la  mente  della  Sacra  Congregazione  si  e,  che  i  Missionarii  regolari 
non  abbiano  a  diminuir  punto  della  loro  subordinazione  ed  ubbidienza 
a'proprii  superiori  dell'ordine,  e  che  non  ostante  la  dipendenza,  che  devono 
avere  per  il  loro  offizio  dai  Vicarii  Apostolici,  debbano  in  quanto  concerne 
la  personale  condotta  rimaner  sempre  sotto  la  natural  disposizione  de'Su- 
periori  proprii ;  dai  che  ne  viene  in  conseguenza,  che  questi  abbiano  il 
diritto  di  richiamarli  ogni  volta  che  lo  giudichino  a  proposito  :  salva  la  via 
delle  rappresentazioni,  ed  il  rimedio  del  ricorso  alia  Sacra  Congregazione, 
quando  i  sopraddetti  Vicarii  Apostolici  ne  giudicassero  altrimenti.  Sara 
bensi  sommainente  opportune,  ed  anche  necessario,  che  i  detti  Vicarii,  ed  i 
superiori  regolari  s'intendano  insieme  per  invigilare  ai  diportamenti 
de'Missionarii  religiosi  e  provedervi  secondo  le  contingenze. 

Sara  dunque  cura  di  V.S.  di  significare  e  raccomandare  tutto  cio  con 
dolcezza  ed  efficacia  ai  predetti  Vicarii,  facendosi  qui  lo  stesso  per  parte 
della  Sacra  Congregazione  ai  superiori  degl'ordini,  che  (7t]anno  Missionarii 
in  Inghilterra. 

7.  Three  of  Spinelli's  recommendations  adopted :  (1 )  that  Scotch  and 
Irish  missionaries  be  not  allowed  to  establish  themselves  in  England  ; 89  (£) 
that  every  missionary  be  assigned  to  a  fixed  province  or  district,90  from  which 
he  is  not  to  withdraw,  toltone  il  caso  di  qualche  legitima  e  necessaria 
occasione  prima  approvata  dai  Vicarii  Apostolici,  e  dai  superiori  regolari 
quanto  ai  religiosi ;  (-3)  that,  where  two  or  three  regulars  of  the  same  Order 
are  together,  one  be  appointed  immediate  superior  over  the  others.  8.  Spi- 
nelli's suggestion  received  with  consideration,  but  subject  to  further  con- 
sultation, whether  regulars  should  have  their  faculties  limited  to  three  or,  at 
most,  to  six  years,  and  that,  on  the  expiration  of  such  a  period,  they  be  required 
to  make  a  month  of  spiritual  exercises  in  their  own  convents  (on  the  Continent), 
and  thereafter  be  deputed  anew  or  not,  as  their  superiors  shall  think  fit. 
9.  Other  suggestions  of  Spinelli,  relative  to  divers  admonitions  on  the  deport- 
ment and  government  of  the  regulars,  can  be  acted  on  with  the  said  regular 
Superiors. 

Articolo  X°  In  fine  stimasi  necessario  di  partecipare  a  V.S.,  che 
1'intenzione  della  Sacra  Congregazione  suddetta  e  di  conservare  bensi  illesa 
tutta  1'autorita  dovuta  ai  Vicarii  Apostolici,  e  di  favorire  il  clero  secolare ; 
rna  non  punto  meno  proteggere  i  regolari,  ne  derogar  punto  ai  loro  privi- 
legj,  ed  esenzioni,  gia  da  longo  conceduti  a  questi  dalla  Santa  Sede,  e  di 

8(1  Cf.  No.  121,  A,  note  1. 

80  There  were  no  dioceses,  but  only  "  districts  "  for  the  Apostolic  Vicariates. 


1000     No.  192,  K2.     MARECHAL   AND    THE  ARTICLE    OF  1810          [VI 

procurare  che  il  numero  ed  il  credito  de'medesimi  non  abbia  punto  a 
scemarsi  nel  regno  d'lnghilterra  :  atteso  che  questo  giusto  equilibrio  possa 
riuscire  di  sommo  utile,  mantenimento  e  progresso  della  nostra  santa 
Religione,  e  renders!  piu  che  mai  necessario  nei  tempi  correnti,  in  cui  si 
ha  da  combattere  1'eresia,  non  solamente  palese,  ma  anche  occulta,  ne  per- 
cio  meno  dannosa.  Conservi  Ella  in  se,  con  tutto  il  segreto  secondo  la  sua 
awedutezza  e  prudenza,  questa  notizia,  valendosene  unicamente  per 
direzione  delle  proprie  operazioni,  con  quella  desterita,  che  merita  la  deli- 
catezza  della  materia,  e  che  e  solita  usarsi  da  Lei,  con  sua  particolar  lode, 
negl'altri  afFari  di  non  minore  importanza,  che  sono  alia  sua  sagacita  e  zelo 
commessi. 

Roma,  18  Marzo,  1724. 

G.  Cardinale  Sacripante  Prefetto. 

Propaganda  Archives,  Anglia4,f.  101,  J.  Arcivcscovo  di  Cesarea  (Nuncio), 
Brussels,  24  Sept.,  1751,  to  Monsignor  Lercari.  Ibid.,  /.  102-105,  copy  of  the 
Instruction  to  Spinelli :  Istruzione  per  il  Abbate  di  S.  Caterina  internunzio 
apostolico  in  Brusselles,  intorno  alia  missions  d'lnghilterra,  18  Mar.,  1724 ; 
endorsed,  fol.  105  bis,  b  :  Anglia,  24  settembre,  1751.  (In  Anglia  2,  ff.  342-347, 
Spinelli,  Brussels,  12  Jan.,  1725,  submits  a  report,  following  the  points  of  the 
Instruction,  IS  Mar.,  1724,  on  each  of  the  regular  Orders,  especially  with 
reference  to  the  approbation  of  the  Vicars  Apostolic,  which  the  Benedictines  do 
not  ask  for,  but  the  others,  including  the  Jesuits,  ahvays  obtain.  Here  the 
Instmction  itself  is  not  given.) 

K2.  1753,  May  30. 

Apostolical  Constitution  of  Benedict  XIV.,  Apostolicum  ministerium, 
30  May,  1753,  or  Rules  to  be  observed  in  the  English  Missions  by  the  Vicars 
Apostolic,  as  well  as  by  secular  and  regular  missionaries.  Manner  of  adjust- 
ing the  independent  jurisdiction,  exercised  by  the  Vicars  Apostolic  and 
by  regular  superiors  over  religious  employed  in  the  pastoral  care  of  souls. 
Extracts. 

17.  Ne  autem  de  jure  cumulative,  quod  habent  tarn  Vicarii  Apostolici 
quam  Regulares  Superiores  in  Eegulares,  qui  vel  parochi  existunt  vel  qui 
Sacramenta  administrant,  ulla  oboriatur  disceptatio,  decretum  jam  est,  ut 
dissidente  Ordinario  Superiore,  vel  Episcopus  ille  sit  sive  Vicarius  Apos- 
tolicus,  a  Regulari  Superiore,  prioris  sententia  alterius  praestet  opinioni  ; 
itidemque,  ut  cum  velit  Superior  Regularis  ab  animarum  regimine  et 
Sacramentorum  adrninistratione  Regularem  sibi  subditum  removere,  efficere 
id  possit,  quin  prius  Ordinarium  de  causa  certioreni  faciat ;  quod  vicissim 
ab  Ordinario  fieri  posse  tenendum  est,  secluso  debito  causam  patefaciendi 
Regulari  Superiori.  Adeatur  superius  recensita  Constitutio  Firmandis, 
109,  §  10  et  11,  Bullarii  torn.  I,  praesentis  nostri  Pontificatus.91  .  .  . 

.  .  .  21.  Etsi  Regularis  Superior,  qui  statuit  aliquern  ex  suis  religiosis 
a  Sacramentis  administrandis  sive  a  missionibus  exercendis  removere, 
ex  superius  allatis,  non  teneatur  remotionis  causam  Vicario  Apostolico 
significare,  et  eadem  ratione  liberum  sit  Vicario  Apostolico,  insciis  atque 

01   Supra,  G". 


§  1 6]  No.  193.     CRITIQUE   ON  THE  SYNODAL  ARTICLE          1001 

inconsultis  iisdem  Superioribus,  contra  missionaries  regulares,  quos  delin- 
quentes  in  Sacramentis  administrandis,  vel  ineptos  atque  rudes  negligen- 
tesve  in  suo  inunere  adimplendo  deprehenderit,  aniinadvertere,  prout  ipsi 
expedire  videbitur ;  tamen  consentaneum  erit,  si  unanimi  voluntate  et 
consensu  rem  gerant,  ne  Missiones  operariis  destituantur,  et  uni  mission- 
ario  amoto  alter  continuo  subrogetur,  qui  ejus  subeat  vices;  idemque 
exliibeatur  officium  a  Superioribus  Regularibus  cum  Apostolicis  Vicariis, 
ubi  velint  suos  in  alium  locum  transferre,  vel  eos  revocare  in  catholicas 
regiones,92  atque  uno  eodemque  tempore  successores  expediant,  videlicet 
ne  Missio  necessariis  operariis  careat.9" 

Benedicti  XIV.  Bullarium. 

No.  193.  1819,  1820. 

Jurisdiction  and  Jesuit  government :  critique  of  Kenney  and  others 
on  the  "synodal  article"  of  1810.  The  appearance  in  1820 
of  what  Mgr.  Marcclml  called  a  "synodal  statute"  has  been 
described  above.1  At  this  date,  the  Society  was  a  canonically 
instituted  regular  Order,  in  virtue  of  the  Bull  Sollicitudo  omnium 
ecclesiarum,  promulgated  in  1814,  and  duly  recognized  by  the 
Archbishop  of  Baltimore,  J.  Carroll,  in  1815.  TJie  entire  control 
of  its  members,  outside  of  pastoral  duties,  was  vested  juridically 
in  the  regular  superiors.  From  the  end  of  1819  till  the  middle 
of  1830,  Father  Peter  Kenney,  a  Visitor  sent  by  the  General, 
was  in  America.  He  met  with  great  difficulties  in  reconstructing 
the  Jesuit  Mission,  and  in  providing  for  the  College  of  Georgetown. 
The  appreciation  which  the  Visitor  as  well  as  the  Superior, 
Kohlmann,  showed  for  Archbishop  Marechal's  embarrassments 
in  providing  for  pastoral  stations,  whether  in  the  diocese  of 
Baltimore  or  outside  in  Richmond  and  Charleston  then  under 
Marechal's  administration,  appears  in  various  private  letters  of 
the  time;  but,  as  the  expression  of  [their  sentiments  is  mingled 
with  much  local  and  personal  business,  we  select  only  a  detached 
passage  or  two,  by  way  of  showing  their  delicacy  in  meeting 
urgent  needs  of  the  Order  without  giving  umbrage  to  the  Ordinary. 
When  the  latter  began  to  adduce  a  "synodal  article"  against 
the  Superior,  Kohlmann,  the  Visitor  Kenney  supplied  the  latter 

02  Belgium,  etc.,  where  regular  convents  or  colleges  of  tlie  Orders  existed. 

93  Cf.  No.  115,  §  7.  Marechal,  appealing  to  this  Constit'iition,  introduced  the 
element  that,  when  regular  Superiors  "  think  of  recalling  their  subjects  from  the 
missions,  they  should  first  come  to  an  amicable  agreement  on  tlie  subject  with  the  Vicars 
Apostolic."  Cf.  Nc.  121,  K,  the  clause  :  ac  nisi  antea. 

1  No.  191,  E. 

VOL.    I.  3  T 


1002        No.  193,  A.     CRITIQUE   ON  THE  SYNODAL   ARTICLE  [VI 

with  a  draft  on  Episcopal  Interference.2  The  archbishop,  says 
Kohlmann,  gave  for  answer,  that  he  thought  it  best  to  postpone 
answering  my  arguments  to  some  other  day.3  The  answer 
seems  to  have  been  that  which  appears  in  Marechal's  fundamental 
document  to  the  Propaganda  (19  Aug.,  1S'20),  in  ivhich  he  says 
to  Card.  Fontana :  "  Wlicn  I  had  placed  before  his  [Kenney's] 
eyes  the  aforesaid  rule  of  discipline,  he  was  so  bold  as  to  send 
me  a  very  long  letter,  and  one  certainly  wanting  in  due  regard, 
contending  that  the  article  of  discipline  was  both  in  form  and 
matter  reprehensible,  and.  quite  destructive  of  the  rights  and 
privileges  which  the  Society  enjoys." 4 

A.  (1820,  April.) 
Kenney's  Consultation,5  or  Statement  to  the  Consultors  of  the  Mission.6 

Difficulty  in  selecting  a  procurator.     Extract. 

The  choice  of  the  procurator  of  the  Mission,  who  is  also  to  be  the 
agent  of  the  Corporation,  is  difficult.  De  Barth  is  not  free  from  the 
Philadelphia  diocese  ;  qualities  of  E.  Fenwick,  and  of  Carbery. 

An  effort  has  been  made  to  get  Mr.  E.  F[enwick]  from  Baltimore,  and 
the  Arh.p  would  not  consent,  unless  we  find  some  one  who  will  please  him, 
and  who  is  not  to  be  removed  from  him  !  As  long  as  he  is  in  Baltimore 
it  is  useless  to  think  of  him.7  F.  Neale's  incapacity  on  account  of  Ms 
infirmities,  etc. 

B.  1820,  April  24. 

The  Visitor,  Peter  Kenney,  24  Apr.,  1820,  to  Louis  de  Barth,  admini- 
strator of  the  diocese  of  Philadelphia.9  The  difficulties  resulting  from 
Marechal's  unwillingness  to  see  any  Jesuit  leave  the  pastoral  office  which  he 
occupied?  Extract. 

-  Cf.  No.  191,  E ;  also  No.  170,  note  22,  Carroll,  15  Nov.,  1794,  to  Plowdcn,  on 
Episcopal  interference. 

3  No.  191,  E. 

4  No.  115,  §  6.    Cf.  No.  121,  E,  p.  473,  similar  answers  of  Marcchal  to  the  letters  of 
Rozaven  and  the  General.     Kenney's  paper  has  no  word  about  any  special  privileges 
or  rights  which  the  Society  enjoys.    It  is  all  conceived  on  the  basis  of  a  regular 
Order's  essential  status.     The  later  document  of  Father  Fortis,  a  petition  from  the 
General  of  the   Society  to  the  Pope  (infra,  D),  rests  the  whole  discussion  on  four 
Constitutions  of  Benedict  XIV.     As  to  the  force  of  tJie  Constitution,  Apostolicuru 
ministerium,  formulating  rules  for  tlie  English  Missions  (supra,  No.  192,  K2),  it  is 
to  be  noted,  as  Fortis  observed  to  the  Secretary  of  the  Propaganda  (No.  121,  J,  p.  480), 
tliai  America  was  at  that  period  comprised  in  the  said  English  Missions. 

5  No.  181,  B. 

6  The  Superior  Eohlmann,  C.  Neale,  F.  Neale,  and  Edelen.    (Md.-N.  Y.  Province 
Archives,  Record  Book,  IV.,  ad  init.,  Consultation,  St.  Thomas's  Manor,  18,  20  Apr., 
1820.     Cf.  No.  181,  D,  note  13.) 

7  The  matter  was  arranged  with  the  archbishop  in  Sept.,  1820,  and  E.  Fenwick 
became  Rector  of  Georgetown  College. 

8  De  Barth  was,  in  a  general  undefined  way,  a  candidate  for  the  Society. 

9  Father  Roger  Baxter  had  already  been  recalled  from  Richmond,  a  place  outside 
of  Marechal's  diocese,  but  at  present  iinder  his  administration.    Cf.  No.  118,  §§  16, 17. 


§  l6]     No.  193,  B,  C.     CRITIQUE   ON  THE  SYNODAL   ARTICLE     1003 

College,  Georgetown,  Apr!  24,  '20. 
VERY  REVD  AND  DK  SIR, 

You  are  not  more  tired  of  your  bishoprick,10  than  I  am  of  my 
office.  Measures  are  not  easely  taken  or  devised,  where  every  thing  is 
involved  in  intricacies  and  difficulties ;  but  men  are  the  greatest  deside- 
ratum. I  am  however  comforted  by  the  willingness  manifested  by  every 
one  to  co-operate  ;  and,  if  E.  Fenwick,11  B.  Fenwick  and  Wallace 12  had 
not  been  placed  out  of  my  reach,  matters  would  soon  be  in  great  part 
adjusted.  But  unfortunately  the  ArbP  is  so  much  against  any  one 
missioner  being  recalled,  that  we  are  driven  to  the  alternative  of  dis- 
pleasing him,  or  of  letting  all  things  go  to  ruin.  Had  we  a  procurator  of 
the  missions  and  a  Rector  for  the  College,  I  should  feel  quite  happy. 
Satisfaction  of  the  Trustees  -with  Kenney' s  Ordinance  on  Temporalities,™  etc. 


]  i 


C.  (1820),  March  14. 

Kenney' s  draft  of  a  reply  to  MarechaVs  citation  of  the  "  synodal  statute."  ls 
It  is  endorsed  in  a  modern  hand :  On  Episcopal  interference  with  Religious 
authority. 

March  141!1  Memoranda. 

The  case  of  F.  [Cary]  (a)  does  not  seem  to  militate  with  the  object  of  the 
famous  2nd.  article IB  of  the  2nd.  Parag.  of  the  Archp.'s  letter  to  his 

(a)  Carey  written  over  t)ie  line,  and  cancelled.    Crossed  out  again  at  the  beginning  of  the  next 
paragraph. 

Father  Cary  had  been  withdrawn  from  St.  Thomas's  Manor,  and  appointed  minister 
at  Georgetown  (March,  1820).     Cf.  ibid.,  §  16. 

10  De  Barth  returned  the  Bulls  appointing  him  to  the  See  of  Philadelphia. 

11  The  archbishop's  pastor  at  Baltimore. 

12  Bothat  Charleston,  S.C.,  then  under  MarechaVs  administration.    Cf.  No.  190,  B. 

13  No.  181,  A. 

14  In  letters  to  Irish  Jesuits,  Kenney  expresses  a  high  regard  for  Archbishop 
Marechal,  and  his  zeal  on  behalf  of  the  flock  : 

Kenney,  Georgetown,  5  Oct.,  1819,  to  Rev.  Charles  Aijlmer,  Clongowes  Wood, 
Naas,  Ireland.  He  reached  Georgetown,  15  Sept.  Various  items.  Mr.  Baxter  has 
just  come  from  Richmond,  and  will  remain  here.  General  state  of  the  Mission; 
and  Kenncij's  hopes.  I  fear  that  we  shall  have  some  difficulty  with  certain  pre- 
tensions of  the  Arch?  He  has  enough  to  trouble  him;  and,  as  he  is  a  friend  to  the 
Society,  it  were  a  pity  to  displease  him.  A  letter  has  just  come  from  his  Grace, 
opposing  Baxter's  recall ;  and  I  fear  that  we  shall  have  to  yield  to  this  combined 
effort  to  deprive  us  of  that  help,  which  ought  to  be  rendered  to  this  house  by  that 
young  man.  H.  Grace  makes  a  grand  battle  for  his  people,  even  tho'  he  have  to 
engage,  like  the  Angel  of  the  Persians,  with  other  guardians  of  God's  people.  I 
admire  him ;  and  really  the  desolate  state  of  his  flock,  s[i]ill  more  desolated  by  the 
enormous  scandals  of  so  many  bad  preists,  plead  his  excuse  for  any  trespass  on  the 
rights  of  others. 

Kenney,  Georgetown,  20  Mar.,  1820,  to  Rev.  B.  Esmonde,  Hardwiclc  St.,  Dublin. 
A  long  letter  on  affairs.  He  mentions  the  trouble  with  the  archbishop,  on  account  of 
Father  Gary's  being  removed,  and  made  minister  at  Georgetown.  The  Visitor  leaves 
the  Superior  Kohlmann  to  do  the  fighting  fortiter  and  suaviter  with  his  Grace.  The 
affair  will  surely  go  to  Rome.  He  hopes  that  Grassi  will  manage  it.  T/ie  danger  of 
recalling  B.  Fenwick  and  Wallace. 

(Md.-N.  Y.  Province  Archives,  15,  Kcnney's  Correspondence,  etc.) 

15  Used  by  Kohlmann  in  his  answer  to  Marechal.     See  No.  191,  E. 

16  No.  192,  G,  5. 


1004       No.  193,  C.     CRITIQUE   ON  THE  SYNODAL  ARTICLE  [VI 

clergy.17  1st.  Because  the  object  of  said  Article  must  be,  that  their 
flocks  should  not  be  left  without  an  authorised  pastor,  which  was  observed 
in  Mr.  C.  case ;  no  flock  having  been  deserted,  no  pastor  intruded,  as 
Messrs.  Neale  and  Beschter  could  attend  both  St.  Thomas'  and  Newport.18 
There  was  then  little  more  done  in  this  case  than  remove  a  Jesuit  from 
one  house  of  the  Society  to  another ;  for  which  if  the  consent  of  the 
Ordinary  were  requested]  the  essential  privilege  of  all  Religious  Orders 
must  be  revoked  or  limited,  that  is,  that  their  houses  and  the  persons  of 
their  members  are  withdrawn  from  all  local  jurisdiction,  and  placed  under 
the  immediate  jurisdiction  of  the  Holy  See. — Now  only  the  authority 
that  gave  this  privilege  of  exemption,  essential  to  the  well  being  of  every 
Religious  Order,  can  either  limit  or  revoke  it. 

2dly.  Mr.  [Gary's]  removal  could  not  be  supposed  to  be  against  the 
will  of  Dr.  M.[arechal~]  ;  for,  when  informed  that  it  was  about  to  take 
place,  he  never  objected  to  it  in  his  letter  to  Mr.  Khln  [Kohlmann]  received 
a  few  days  before  Mr.  C.'s  return. — But  it  grieved  Mr.  Khl.  to  find  that 
H[zs]  G[race]  had  thought  proper  to  write  to  Mr.  C.  to  prevent  the 
execution  of  the  Superior's  order,  whilst  he  observed  a  profound  silence 
towards  the  Superior  on  the  subject, — a  course,  which  does  not  appear  to 
Mr.  Kh.  likely  to  maintain  that  respect  for  authority  so  necessary  to 
ecclesiastical  subordination. — Dr.  Marechal  had  then  no  reason  to  com- 
plain in  the  present  instance. 

It  is  unpleasant  to  Mr.  Khln.  to  be  asked  if  he  consider  himself 
bound  to  observe  the  Statutes  of  the  diocese. — His  conduct  as  an  ecclesi- 
astic had  never  given  any  reason  to  doubt  that  he  knew  his  obligations 
to  canonical  authority,  and  which  he  has  always  observed.  To  this 
moment  he  did  not,  however,  know  that  the  article  alluded  to  could  be 
called  a  Statute  of  the  diocese. 

1st.  Because  it  was  not  made  in  Synod,  nor  given  in  the  form  in 
which  Statutes  are  generally  given.  21y.  Because  Statutes  always  enact 
something.  The  article  in  question  enacts  nothing.  Whatever  may  have 
been  the  meaning  of  the  four  prelates  who  signed  it,1"  they  only  there 
express  their  sentiments :  "  Judicamus  eos  non  debere  ex  Superior um 
suorum  arbitrio  pendere  ab  eisque  revocari,  invito  Episcopo ; "  "  and,  in 
the  sequel  of  a  long  explanation  of  that  sentiment,  they  have  most 
prudently  abstained  from  any  measure  that  would  make  their  sentiment 
or  judgment  a  rule  for  those  who  are  not  subject  to  their  ordinary  juris- 
diction. Had  the  intention  of  Ml  Rev.  Dr.  Carroll  been  carried  into 
effect,  of  consulting  and  concerting  with  the  Superiors  of  the  religious 

17  No.  192,  p.  996. 

18  Cf.  No.  191,  C. 

19  Five  are  given  in  the  docitments  cited,  No.  192,  p.  986,  and  in  the  printed  pamphlet 
(supra,  p.  996). 

20  For  Latin  text  of  the  article,  see  No.  115,  §  5.     For  English  translation,  see 
No.  192,  G,  5. 


§  1 6]         No.  193,  C.     CRITIQUE   ON  THE  SYNODAL  ARTICLE       1005 

congregations,  lief  ore  the  Article  in  question  was  signed'21  or  published,"" 
the  collision  of  authorities  would  have  been  prevented  even  in  appearance  ; 
but  now  that  the  publication  has  been  made  it  is  unpleasant  to  give  any 
opinion  on  the  Article  in  question. 

It  must  be  supposed  to  give  to  its  language  the  meaning  which  the 
same  language  has  in  the  canons  of  the  Church.  If  so,  then  it  must  be 
only  meant  for  a  time  yet  to  come,  when  the  congregations  of  the  various 
dioceses  would  cease  to  be  missions,  and  become  parishes.  As  there  is  no 
collation  of  parishes  in  the  United  States,  there  can  be  no  cura  animarum 
in  the  canonical  sense  of  the  word.  And  yet  the  article  only  speaks  of 
preists  to  whom  "  cura  animarum  demandata  est." 

Any  one  who  knows  the  obligation  contracted  by  the  vow  of  obedi- 
ence, which  leaves  to  the  Superior  the  free  and  unrestrained  disposition 
of  the  person  who  makes  it,  is  really  puzzled  to  know  what  could  be  the 
meaning  of  the  first  part  of  the  cited  sentence :  "  non  debere  ex  Superio- 
rum  arbitrio  pendere."  It  cannot  be  that  the  subject  might  resist  the 
Superior,  if  by  him  recalled  "  invito  Episcopo,"  for  that  seems  to  be 
contained  in  the  last  member  of  the  sentence :  "  ab  eisque  revocari  invito 
Episcopo."  The  first  member  establishes  the  independence  of  the  subject, 
and  the  second  follows  as  consequence  of  that  independence  of  the 
Superior.  To  say,  that  the  missionary  preists  of  the  Society  were  subject 
to  episcopal  authority  in  those  things  that  regarded  the  sacred  functions 
of  the  ministry,  would  be  canonical  language  ;  but  to  say,  that  from  the 
time  they  are  appointed  to  discharge  them  in  favor  of  any  particular 
congregation  "  eos  non  debere  pendere  ex  Superiorurn  arbitrio,"  must 
mean  one  of  these  three  things  : 

1st.  That  the  Superior  give  up  or  limit  his  own  authority  over  them  ; 
or  [2]  that  the  subject  may  violate  his  vow  of  obedience ;  or  finally  [-3] 
that  the  Bishops  so  far  exempt  him  from  its  obligation. 

The  1st.  the  Superior  cannot  do  ;  his  consent  to  that  effect  would  be 
nugatory.  The  2d.  would  be  sacrilege.  The  3d.  is  not  within  the  sphere 
of  episcopal  jurisdiction.  Indeed,  the  insertion  of  the  word  "  pendere," 
followed  by  the  words  "  ab  eisque "  seems  inexplicable,  when  we  find  at 
the  end  of  the  article,  that  its  entire  object  is  only  to  prevent  the  recall 
of  the  missioner,  in  cases  in  which  such  recall  "  D.  Episcopo  omnino 
necessaria  ad  existentiam  aut  prosperitatem  praedictarum  Congregationum 
non  esse  videatur."  This  limitation  throws  [shows  ?]  an  insuperable 
objection  to  the  recall  of  the  missioner,  equivalent  to  an  absolute  prohibi- 
tion. It  supposes  that  the  bishop  is  the  judge  of  the  wants  of  the  houses 
of  such  Congregat.,  of  the  course  of  studies,  of  the  abilities  of  the 
members,  the  propriety  of  placing  them  in  such  and  such  posts,  etc.  etc. ; 
in  fine,  it  makes  him  a  kind  of  Gen!  Superior  of  the  very  houses  of  these 

21  This  is  distinctly  a  new  element  in  the  history  of  the  article,  that  Dr.  Carroll 
was  overruled  in  the  matter  of  drafting  it.     Cf.  No.  192,  C2,  notes  58-60. 

22  It  was  not  published  at  that  time.     Cf.  No.  192,  V,  note  43. 


1006        No.  193,  C.     CRITIQUE    ON  THE  SYNODAL   ARTICLE  [VI 

Congreg. ;  and  after  all  cannot  attain  its  object,  for  the  local  Superior 
may  have  private  reasons  for  the  removal  of  a  subject,23  that  he  cannot 
even  disclose  to  the  General  of  the  Order.  Hence,  with  all  the  inspec- 
tion, knowledge  of  persons  and  affairs  of  the  regular  houses  uncanonically 
assumed  by  this  Article,  it  is  impossible  that  in  every  case  D.  Bishop 
should  see  that  such  recall  was  "omnino  necessaria."  Tho'  he  could  be 
made  acquainted  with  those  reasons,  is  it  not  an  intolerable  burthen  to 
place  on  religious  Orders,  that  their  own  [?]  members  cannot  be  recalled, 
unless  to  save  the  houses  from  ruin  or  decay  ? 24  Who  can  ascertain  the 
degree  of  necessity,  which  is  here  so  vaguely  designated  ?  Will  the 
bishop,  who  has  no  charge  over  such  houses,  be  the  first  to  foresee  its 
danger  and  provide  for  its  wants  ? 

The  evils,  which  would  follow  from  this  Article  if  reduced  to  practice, 
would  be  so  destructive  of  religious  discipline,  would  so  facilitate  means 
of  intrigue  on  the  part  of  the  subject,  and  of  absolute  independence  when 
stationed  at  a  mission,  in  fine  so  subversive  of  the  peculiar  govern!  of  the 
Society,  that  Mr.  Khln.,  since  he  is  called  on  to  speak  for  his  successors, 
does  not  hesitate  to  say,  that  the  Society  would  sooner  withdraw  its 
subjects  from  America,  to  be  employed  where  ecclesiastical  authority  puts 
no  obstacle  to  the  practice  of  its  Institute.  Of  this  its  history  affords 
more  than  one  example. 

About  1030,  a  similar  regulation  was  made  by  the  Ordinary  of  Peru, 
who,  aided  by  the  authority  of  the  royal  Governor,  endeavored  to  with- 
draw the  Jesuits  who  had  been  made  parish  preists  (veri  parochi)  from 
the  uncontrouled  authority  of  the  Superior :  and,  after  an  unpleasant 
contest,  F.  General  Vitilleschi  declared  that,  if  such  regulation  were  put 
in  force,  the  Society  could  not  be  employed  in  the  Mission  of  Peru. 

The  late  Card!  Borgia  asked  of  the  late  Gen!  Gruber,  about  1802,  to 
send  a  mission  to  China,"5  to  which  he  assented  ;  but,  when  he  understood 
that  the  Card!  meant  them  to  go  thither  as  missioners  under  the  jurisdic- 
tion of  the  Apostolic  Prefects  of  that  Mission,  he  replied  that  he  had  no 
power  to  transfer  his  subjects  from  the  jurisdiction  under  which  they  had 
taken  their  vows,  and  therefore  could  not  send  them,  unless  under  his 
exclusive  direction,  and  revocable  at  his  will.™  [Finis.'] 

-3  Cf.  No.  118,  §  17. 

24  Cf.  No.  118,  §  15. 

25  It  was  the  Imperial  Government  of  Russia  that  asked  for  the  mission  of  Jesuit 
mathematicians  to  China.     Fathers  Grassi  and  KorsaJc,  with  Brother  Sturmer,  were 
deputed.     They  had  reached  Lisbon  for  transit  to  the  East,  were  detained  there  owing 
to  negotiations  regarding  their  dependence  on  their  General,  and  then  were  recalled  by 
the  latter.     Cf.  No.  192,  note  31. 

20  In  the  following  October,  1820,  Kohlmann  wrote  to  Kenney  at  Rome,  mentioning 
the  contents  of  a  letter  from  Grassi,  also  in  Rome.  The  latter  reported  an  interview 
with  Pope  Pius  VII.,  ivho,  referring  to  the  subject  of  the  present  controversy,  had  said 
that,  if  bishops  meddled  with  what  did  not  concern  them,  it  would  all  end  in  ruin,  and 
in  the  triumph  of  the  unprincipled  : 

Kohlmann,  Washington  Catholic  Seminary,  7  Oct.,  1820,  to  Kenney,  Gesu,  Rome. 
A  letter  of  Grassi' s  received,  about  the  Brief  (on  the  canonical  status  of  the  Society  in 


§  1 6]          No.  193,  D.     CRITIQUE   ON   THE  SYNODAL  ARTICLE       1007 

D.  (1825.) 

Petition  to  the  Sovereign  Pontiff  (Leo  XII.},  submitted  by  the  Father 
General  Fortis.  The  occasion  of  this  petition  was  the  interpretation  put  by 
Mgr.  Marcchal  on  the  new  decree  (27  July,  1822),  which,  he  had  obtained 
from  the  Propaganda,  containing  a  clause :  ac  nisi  antea,  as  explained  in 
No.  121,  K.27  See  text  of  the  decree,  ibid.  In  this  petition,  the  whole 
case  is  made  to  rest  on  the  uurepealed  provisions  of  four  Constitutions  issued 
by  Benedict  XIV. 

BEATISSIME  PATER, 

Praepositus  G-eneralis  Societatis  Jesu,  ad  pedes  Tuae  Sanctitatis 
provolutus,  humillime  exponit,  nihil  sibi  magis  cordi  esse  quam  ut  sacerdotes 
Societatis,  ubicunque  terraruru  Ecclesiae  inserviant,  locorum  Ordinariis 
debitam  reverentiaro  debitumque  obsequium  exhibeant,  curentque  dili- 
genter  ut  ex  parte  sua  omnia  observentur  quae  a  Sancta  Sede,  quoad 
dependentiam  ab  episcopis,  sancita  sunt.  Cum  igitur  aliqua  quaestio 
recenter  orta  sit  inter  Societatis  sacerdotes  et  111"1  Archiepiscopuui  Balti- 
morensem,  orator  ad  Sanctitatem  Tuam  suppliciter  recurrit,  ut  earn 
apostolica  auctoritate  dirimere  dignetur.  IIIs.  Archiepiscopus  obtinuit  a 
S.C.P.F.,  die  3*  junii,33  1822,  decretum  quod  sic  sonat :  "  S.  Cong''  censuit 
et  decrevit  PP6?  Societatis  Jesu,  qui  in  Missionibus  Marylandiae  et  in  tota 
Dioecesi  Baltimorensi  animarurn  curam  gerunt,  inde  a  suis  superioribus 
removeri  non  posse,  eodem  inscio  Archiepiscopo,  ac  nisi  antea  praesides 
Societatis  praefato  antistiti  alios  proposuerint  qui  dimittendis  subrogentur, 
quique  sint  ab  eodem  Archiepiscopo  approbati."  111?  Archiepiscopus  hoc 
decretum  ita  videtur  intelligere,  quasi  sine  suo  consensu  religiosus  Societatis 
removeri  non  possit  a  cura  animarum,  vel,  quod  eodem  recidit,  nisi 
successorem  propositum  acceptaverit.29  Hoc  vero  si  admittatur,  sequitur 
religiosos  animarum  curam  suscipientes  subtrahi  auctoritati  suorum 
superiorum,  saltern  quoad  mutationem  loci  vel  officii.  Superiores  autem 
Societatis  in  America  arbitrantur  per  supradictum  decretum  nequaquam 
derogatum  fuisse  multiplicibus  constitutionibus  fel.  rec.  Benedict!  XIV. 
hac  in  materia  editis,  et  praecipue  constit.  Firmandis  atque  assereiidis, 
8?  id.  Nov.  an.  1744  ;  constit.  Cum  nuper,  6"  id.  Nov.  an.  1751  ;30  constit. 

England  ?) ;  about  the  claim  of  Marcchal,  who  however,  as  Grassi  thinks,  has  not 
claimed  from  the  Propaganda  one  of  the  Jesuit  farms  (cf.  No.  115,  §  32).  He 
[Grassi]  continues  as  follows :  "  praeterita  kebdornada  adivi  SS.  Pontificem,  qui 
coepit  loqui  de  nonnullis  Episcopis,  qui  vellent  Regulares  sub  sua  potestate  redigere. 
Venerabilis  senex  animadvertit,  Con.  Tridentinum  limites  dependentiae  Regularium 
bene  definivisse,  cosque  servandos :  quod  si  Episcopi  in  aliis  immiscere  se  velint, 
tune  omnia  corrucnt,  '  e  trionferanno  i  Birbanti.' "  (General  Archives  S.J.,  Maryl. 
Epist.,  2,  i. ;  3 pp.  4to.) 

27  Cf.  No.  121,  J,  p.  480,  Fortis,  24  May,  1822,  to  the  Secretary  of  the  Propaganda: 
In  fine  ;  and  ibid.,  L. 

3  Date  of  the  decree  as  passed  in  the  Propaganda.     See  No.  121,  K,  p.  481. 

29  As  if  the  decree  said :  approbati  [in  dioecesi],  et  acceptati  ad  hunc  vel  ilium 
locum.     Cf.  No.  121,  K,  p.  481,  DzierozynskV s  representation  to  the  General. 

30  Issued  on  tlie  subject  of  parochial  churches  in  the  West  Indies,  subject  to  the 
Spanish  Crown.    As  to  the  question  in  dispute,  this  Constitution  (§  5)  makes  an 


1008  No.  194.     DUBOURG  AND    THE  JESUITS,    1816-1821  [VI 

Apostolicum  ministerium,  30  Maii,  an.  1753;  et  constit.  Cum  alias,  5? 
id.  Jim.  an.  1753.  Quibus  asseritur  non  minus  superioribus  regularibus 
quam  ipsis  episcopis  libertas  removendi,  quando  in  Domino  judicaverint, 
sacerdotes  saeculares  a  cura  animarum.  Verba  Benedict!  XIV.  clariora 
sunt  quam  ut  interpretatione  indigeant  :  "  Cum  Regulares  non  nisi  cum 
amovibilitatis  qualitate  animarum  curam  exercere  valeant,  tarn  Episcopus 
quam  Regularis  Praelatus,  quoties  in  Domino  expedire  judicaverint, 
Regularem  Parochum  ab  hujusmodi  cura  valent  removere,  ita  ut  neque 
Regularis  Superior  compelli  possit  hujus  remotionis  causas  Episcopo 
significare,  neque  Episcopus  ad  similem  remotionem  procedens  Regulari 
Praelato  notas  facere  teneatur  causas  quibus  ad  id  adductus  fuerit." 
(Constit.  Cum  nuper,  §  5). 

Hinc  superiores  Societatis,  persuasi  decretum  Sn.e  Cong?  ad  mentem 
constitutionurn  Benedicti  XIV.  intelligendum  esse,  non  dubitant  decreto 
plane  satisfieri  si,  antequam  Religiosum  removeant  a  cura  animarum, 
111"1  Archiepiscopum  praemoneant,  ipsique  aliquem  ex  approbatis  ad 
confessiones  audiendas  ab  eodem  Archiepiscopo  praesentent,  qui  discedenti 
subrogetur.  Utrum,  ita  agendo,  recedant  a  debita  Sanctae  Sedi  obedientia, 
ut  ipsis  exprobrat  111"  Archiepiscopus,  dignetur  Tua  Sanctitas  declarare.31 

Md.-N.  Y.  Province  Archives,  1820,  Apr.  24,  Kcnney,  Georgctoiun,  to  DC 
Earth,  Philadelphia.  Ibid.,  (1820),  Kenney's  Statement  to  the  Consnltors  of 
the  Mission;  original,  12pp.  fol.,  heavily  underlined;  p.  10.  Ibid.,  15,  (1820), 
Mar.  14,  Kenney's  Memoranda,  endorsed :  On  Episcopal  interference  with 
Religious  authority;  original,  5 pp.  4to. — General  Archives  S.J.,  Maryl.  Epist., 
6,  vi.,  Petition  of  the  General,  Father  Fortis,  to  the  Pope,  s.  d. ;  a  draft  or  copy 
in  Rozaven's  hand,  witliout  any  corrections. 

No.  194.  1816-1821. 

Bishop  Dubourg  of  New  Orleans  and  the  Jesuits :  Louisiana  and  the 
Indian  missions.  Mgr.  Louis  William  Dubourg,  Administrator 
of  New  Orleans,  being  in  Rome  (1815),  was  consecrated  bishop  of 
the  Sec  (18  Sept.).  Then,  and  in  subsequent  years,  he  exerted 
himself  to  obtain  Jesuit  missionaries  for  his  vast  diocese  of 
Louisiana,  Lower  and  TJ-ppcr}-  This  was  the  territory  west  of 
the  Mississippi,  reaching  indefinitely  to  the  north-west,  and  com- 
prising the  countries  of  the  Indian  tribes.  On  the  first  occasion, 

application  of  what  had  been  decreed  in  the  former  one,  Firmandis  atque  asserendis. 
So  too,  Cum  alias,  cited  infra,  on  benefices  and  offices  charged  with  pastoral  care,  in 
tJie  same  West  Indies  (§  2).  For  the  text  of  the  Constitutions,  Firmandis  atque 
asserendis,  and  Apostolicum  ministerium,  see  No.  192,  G2,  K2. 

31  As  to  the  views  of  the  Holy  See  on  the  observance  of  Benedict  XIV.'s  Constitu- 
tions, cf.  No.  121,  L,  note  17,  Gregory  XVI.,  Accepimus  litteras  (20  June,  1835),  to 
the  Vicars  Apostolic  of  England. 

1  He  had  already  applied  to  Father  Grassi,  Superior  in  Maryland,  writing  to  him 
from  New  Orleans,  26  Mar.,  1814.  (Md.-N.Y.  Province  Archives,  under  date.)  This 
was  about  the  time  when  a  long  negotiation  of  the  Canadian  bishops,  Plessis  and  Burke, 
to  obtain  from  the  General  a  Jesuit  foundation  at  Halifax,  had  finally  to  be  abandoned 
owing  to  many  incidental  difficulties. 


§  16]      No.  194,  A,  B.     DUBOURG  AND  THE  JESUITS,    1816-1821     1009 

while  he  was  in  Europe,  he  failed  to  secure  a  contingent  of 
Jesuits ;  but,  among  the  volunteers  whom  he  did  engage,  he  had 
the  Lazarist  Father,  Joseph  Rosati,  who  succeeded  him  as  bishop 
in  Upper  Louisiana,  with  his  See  in  St.  Louis  (1837).  Mgr. 
Duljourg  made  efforts  a  second  time  to  obtain  Jesuit  reinforcements 
for  the  evangelizing  of  the  Indian  tribes,  who  had  not  forgotten 
the  Black  Gowns  of  half  a  century  before.  Writing  from  his 
diocese  (1821),  he  used  the  mediation  of  the  Propaganda  in 
dealing  with  the  General,  Father  Fortis.  Again  frustrated  in 
his  hopes,  he  siicccedcd  finally  (1828)  in  negotiations  with  Father 
Charles  Neale,  Superior  of  the  Maryland  Mission ;  and  he  was 
gratified  with  the  appropriation  of  the  whole  personnel  then  in 
the  novitiate  at  White  Marsh,  the  master  of  novices  himself, 
Father  Charles  Van  Quickenborne,  being  allowed  to  go  with  his 
Belgian  novices.  The  relative  documents  are  noted,  summarized, 
or  produced  in  the  following  three  Numbers  (194-196).  The 
property  arrangements  which  were  made  are  seen  in  the  last 
Number  of  this  Section  VI.  (196).  They  were  the  subject  of  a 
Concordat  between  the  Bishop  of  New  Orleans  and  the  Superior 
of  the  Maryland  Jesuits. 

A.  1816,  August  25. 

The  General,  Tliaddeus  Brzozowski,  (Polotsk,  Russia),  13/25  Aug.,  1816, 
to  Mgr.  Dubourg,  Bishop  of  New  Orleans. 

M.  L'abbe  de  SzadursTty,  just  come  from  Home,  lias  announced  a  letter  of 
Dubourg's,  which,  however,  has  not  come  to  hand.  He  explained  the  contents. 
The  General's  good  will  to  second  the  views  of  the  bishop  by  sending  mission- 
aries ;  the  more  so,  as  it  is  said  that  the  Sovereign  Pontiff  desired  it.  But 
it  is  necessary  to  understand  the  project  with  more  precision.  Directions  for 
sending  a  letter  with  safety,  by  addressing  it  to  Father  De  Cloriviere  or  to 
Father  Grivel  in  Paris.  Meanwhile,  the  General  cannot  promise  anything  in 
the  present  dearth  of  subjects.  He  hopes  that  time  will  remedy  this  deficiency. 
Compliments  to  Mgr.  Dubourg  as  a  member  of  the  Congregation  of  St. 
Snlpice,  which  has  been  united  so  long  in  the  bonds  of  friendship  with  the 
Societi/  of  Jesus. 

B.  1816,  August  25. 

Father  John  Eozaven,  Assistant  of  the  General,  Polotsk,  13/25  Aug., 
1816,  to  Father  Grivel,  Paris. 

Forwarding  the  foregoing,  and  stating  the  circumstances,  as  well  as  the 
difficulties  attending  the  project. 


1010       No.  194,  C.     DUBOURG  AND    THE  JESUITS,    1816-1821  [VI 

C-  1816,  October  8,  9. 

Grivel,  (Paris),  S,  9  Oct.,  1816,  to  the  General.  A  long  letter,  stating  the 
desires  and  views  of  Mgr.  Dubourg,  whom  he  has  seen  in  Paris.  Abstract. 

In  Nov.,  1815,  Dubourg  sent  from  Rome,  under  cover  addressed  to  Grivel 
at  St.  Petersburg,  two  letters  for  the  General,  one  from  himself,  the  other  from 
the  Sovereign  Pontiff.  The  Pope  had  said  to  Dubourg  that  Italy  could  not 
supply  Jesuit  missionaries  ;  they  icere  loo  old  there,  or  too  young  ;  the  bishop 
should  apply  to  the  General  in  Russia.  His  Holiness  supported  the  request 
with  a  Brief  from  himself,  and  in  terms  similar  to  those  of  the  bishop ;  viz. 
asking  for  "  two  professed  and  five  or  six  novices  to  begin  the  establishment 
in  Louisiana."'  Grivel  remarked  to  his  lordship  that  novices  were  not  proper 
subjects  for  such  an  undertaking,  and  a  form  of  request  like  that  would  not 
lessen  the  difficulties.  The  persons  selected  should  either  know  French,  or  be 
able  easily  to  learn  it,  as  well  as  to  acquire  the  knowledge  of  some  Indian 
tongues.  They  could  begin  with  missions  in  the  cities,  and  especially  at  New 
Orleans,  ivhich  has  a  population  of  25,000  to  30,000  souls,  all  Catholic. 
Hopes  of  a  numerous  novitiate  there.  No  expectation  of  obtaining  men  from 
Father  Grassi  (tyuperior  in  Maryland),  who  is  himself  in  great  need  of 
priests. 

The  diocese  is  500  leagues  long,  reaching  to  the  confluence  of  the  Missouri 
and  Mississippi  at  St.  Louis  ;  its  width  is  not  known  ;  it  reaches  to  the  "  Sea  of 
the  South,"  toivards  the  west,  and  it  is  bounded  by  the  dioceses  of  Kentucky 
and  Florida  on  the  east.  The  savage  nations,  now  more  civilized  by  contact 
with  the  tvhites ;  their  desire  to  have  again  the  Black  Robes,  ichom  they 
remember.  The  need  of  priests.  The  Sulpician  Bishop  Flaget  in  Kentucky 
has  only  twenty. 

It  is  desired  that  the  Louisiana  Mission  do  not  depend  on  that  of  Mary- 
land. The  Bishop  alleges  tlie  great  distance,  but  "  his  true  reason  "  is  that 
he  fears  Father  Grassi  might  ivithdraw  men  for  service  in  "  the  United  States." 
However,  said  Dubourg,  "  if  some  of  my  young  ecclesiastics  manifested  the 
desire  of  becoming  Jesuits,  as  divers  have  done  already,  and  I  thought  it 
proper  to  place  them  at  once  in  the  Maryland  novitiate,  I  ask  that,  in  case 
they  are  already  priests,  they  be  sent  to  Louisiana  after  one  year,  and  that 
the  Provincial  receive  orders  to  this  effect  from  Father  General — always 
supposing  that  the  said  Provincial  judges  them  worthy  of  being  admitted  to 
their  first  vows  [after  two  years']." 

Grivel' s  own  vieio  of  the  bishop's  mind  as  to  the  ways  of  the  Society  in 
disposing  of  its  members.  His  rectification  accepted  by  Dubourg.  The 
defraying  of  travelling  expenses :  Voila,  M.  T.  R.  Pere,  les  demandes  de 

-  The  Pope  addressed  the  Brief,  16  Oct.,  1815.  See  Juris  Pontificii  de  Propaganda 
Fide,  iv.,  533,  534.  His  Holiness  commends  Dubourg's  desire,  and  is  very  gracious  in 
his  own  form  of  request :  negotium  hoc  tibi,  dilecte  fili,  etiam  atque  etiarn  cornmen- 
damus,  petimusque  ut,  quos  ille  optat  tuae  Societatis  alumnos,  qui  quidem  idonei 
judicentur,  ct  devovere  se  sanetissimo  huic  open  velint,  eidem,  si  fieri  possit, 
concedas.  . 


§  1 6]        No.  194,  D.     DUBOURG  AND    THE  JESUITS,    1816-1821       1011 

Mgr.,  et  voici  mes  observations.  II  n'a  pas  encore  une  connoissance  entiere 
de  notre  fa$on  d'agir,  et  se  defie  de  notre  franchise,  craignant  qu'on  ne  lui 
enleve  ses  sujets  pour  les  employer  ailleurs.  Je  1'ai  rassure  per  ma  fran- 
chise merne  ;  et  lui  ai  dit  que  si  les  robes  noires  avoient  fait  autrefois  du 
bien  en  suivant  1'institut  sans  etre  genes  en  rien,  qu'il  devoit  avoir  en 
nous  une  confiance  illimitee,  puis  qu'il  nous  appeloit  clans  son  diocese.  II 
l'[a]  compris  et  finira  par  nous  laisser  libre[s]  sur  1'emploi  de  nos  sujets ; 
et  eel  a  d'autant  plus  que  n'y  ay  ant  a  la  Louisiane  ni  college  pour  les 
humanites  et  la  philosophic,  ni  seminaires,  les  sujets  qu'il  nous  cedera 
devront,  dans  les  commencemens,  etre  eleves  au  Maryland ;  ainsi  les 
service[s]  que  nous  lui  rendrons  en  cela  feront  qu'il  sera  rnoins  difficile. 
D'ailleurs,  c'est  un  homme  de  Dieu  et  on  s'entendra  aisement.* — Quant  aux 
moyens  de  subsistance  dans  le  pays,  on  les  aura  ;  il  y  a  des  ressources.— 
Pour  les  frais  du  voyage,  ils  seront  a  la  charge  de  Mgr.  depuis  Bordeaux 
a  la  Louisiane  ;  mais,  etant  pauvre  Eveque,  il  ne  peut  payer  les  frais  de 
Polotsk  a  Bordeaux.  Ce  ne  seroit  pour  vous,  M.  T.  R.  Pere,qu'une  depense 
de  75  ducats  per  personne  ;  c'est  ce  qu'il  en  a  coute  au  P.  Folloppe  et  moi ; 
a  moins  que  vous  ne  jugiez  a  propos  de  les  envoyer  par  Stockholm  pour 
s'embarquer  a  Gothenbourg  pour  Bordeaux  ou  pour  Baltimore.  Mais 
pour  partir  avec  Mgr.,  il  faut  qu'ils  soient  a  Bordeaux  au  mois  de  Mars 
prochain. 

Du  9  octobre.  Grivel  just  now  receives  the  General's  letter  for  Dubourg, 
who  is  at  Bordeaux,  sending  off  ten  Ursuline  nuns  and  two  priests  to  New 
Orleans.  He  has  been  informed  already  of  the  delays  incident  to  his  project 
from  the  difficulty  of  obtaining  (Russian  ?)  passports. 

On  Father  de  Gloriviere,  and  French  affairs. 

D.  1817,  January  11,  N.S. 

The  General,  11  Jan.,  1817,  to  Dubourg.     A  long  letter.     Abstract. 

The  General  has  received  the  bishop's  letter,  dated  Marseilles,  28  Nov., 
1816.  The  delays  imposed  by  circumstances.  The  condition  of  the  Society 
in  Italy  ;  all  old  men  or  novices.  The  latter  are  not  qualified  to  be  Jesuit 
missionaries,  even  though  they  are  already  priests :  Ce  ne  sont  point  des 
novices  que  la  Compagnie  envoyoit  dans  les  missions,  mais  des  homines  qui 
avoient  passe  un  grand  nombre  d'annees  dans  la  Compagnie  et  qui  s'etoient 
bien  penetres  de  son  esprit.  Je  sais  bien  que  parmi  les  novices  il  y  a  des 
pretres,  mais  ce  n'est  pas  en  un  an  qu'ils  peuvent  devenir  de  vrais  Jesuites 
et  acquerir  cet  esprit  qui  animoit  nos  anciens  missiouaires.  They  might 
be  admissible,  if  there  were  formed  missionaries  to  whom  they  could  be  at- 
tached. If  Father  Perelli  [Vicar  in  Italy']  did  promise  Dubourg  to  provide 
men,  he  would  find  himself  very  much  embarrassed  now,  should  the  General 
order  him  to  fulfil  such  a  promise.  However,  a  letter  is  herewith  sent  to  him, 
enjoining  him  to  provide,  if  he  have  men  formed,  wlio  are  sufficiently  free  to 
be  sent.  A  similar  condition  in  France.  Father  de  Gloriviere  [Provincial^  is 


1012     No.  194,  E-G.     DUBOURG   AND    THE  JESUITS,  1816-1821          [VI 

at  liberty  to  send  proper  men,  if  lie  have  them  to  spare.  Russia  alone  is  really 
available.  The  term  of  four  months  not  enough  to  have  them  on  hand  lohen 
the  bishop  departs.  They  are  1000  and  even  2000  leagues  distant  from  here 
[Polotsk],  and,  besides  that,  they  could  not  be  summoned  on  the  spur  of  the 
moment.  It  is  not  unlikely  that  they  will  be  sent  away  from  Astrachan,  Mozdoc, 
Saratoff,  Odessa,  etc. ;  and  then  passports  can  be  obtained  at  least  for  the 
foreigners.  The  General  regrets  that  he  has  only  promises  to  make. 

E.  1817,  January  12,  N.S. 

The  General,  12  Jan.,  N.S.,  1817,  to  Father  Perelli,  Vicar  in  Italy. 

The  words  of  Bishop  Dubourg  regarding  the  promise  made  him  by  Perelli  : 
En  verba  Episcopi  :  "  J'en  parlai  au  Pere  Vicaire,  qui  me  dit  qu'il  n'avait 
pas  1'autorite  de  les  envoyer,  mais  qu'il  se  rejouirait  que  vous  lui  endonnassiez 
1'ordre."  If  there  be  no  other  difficulty,  Perelli  is  free  to  act.  But  most  probably 
Dubourg  did  not  rightly  understand  the  Vicar.  State  of  affairs  in  France 
and  Flanders.  Russia  can  do  something,  but,  in  the  present  circumstances, 
the  General  cannot  dispose  freely  of  himself,  or  of  others :  ob  Gubernium 
non  possum  libere  disponere  de  me  ipso,  neque  de  aliis.  It  is  necessary  to 
let  things  mature,  or  the  result  will  be  anything  but  the  glory  of  God  :  opus 
est  enim  permittere  ut  res  maturescant,  aliter  non  juvaremus  gloriam  Dei, 
sed  earn  destrueremus.  The  precarious  condition  of  the  Society  in  Russia. 
A  petition  of  the  General  to  the  Emperor,  asking  for  permission  to  go  to  Home, 
was  read,  but  not  answered. 

F.  1817,  January  12. 

The  General,  12  Jan.,  1817,  to  Grivel,  (Paris'). 

He  rehearses  what  he  had  written  to  Dubourg.  The  latter  had  desired 
that  the  General  should  issue  orders  to  Italy,  France,  Belgium,  requiring  men 
to  be  supplied. 

G.  1817,  (February). 

Dubourg,  (Feb.),  1817,  to  the  Card.  (Prefect  of  the  Propaganda). 
"  Beceived,  Feb.,  1817."* 

Answering  the  Cardinal's  letter  of  28  Nov.  last.  Dubourg  is  about  to 
start  from  Europe.  Thirteen  recruits :  nine  ecclesiastics  for  St.  Louis,  and 
four  for  New  Orleans.  In  delaying  so  long,  he  has  acted  on  the  advice  also 
of  Mtjr.  Flaget,  Bishop  of  Bardstown,  as  well  for  the  purpose  of  allowing 
him  time  to  make  arrangements  at  St.  Louis  before  Dubourg  arrives :  pour 
lui  donner  le  terns  de  faire  a  St.  Louis  les  arrangements  convenables  pour 
ma  reception  et  mon  etablissement ;  as  also  to  gather  recruits  for  Flagefs 

3  As  to  the  situation  of  affairs  in  America,  L.  Nealc,  Archbishop  of  Baltimore, 
to  the  Cardinal,  20  Dec.,  1816,  discussed  the  nominations  for  Sees,  and  added  that 
the  pressing  question  was  not  that  of  bishops,  but  of  missionaries  :  Res  in  praesenti- 
arum  magis  videtur  requirere  missionaries  quam  Episcopos.  (Georgetown  College 
Transcripts,  1816,  Dec. ;  copy  from  the  Propaganda  Archives,  Canada-Panama,  ///., 
1791-1817.) 


§  1 6]     No.  194,  H-K.     DUBOURG  AND    THE  JESUITS,  1816-1821        1013 

diocese,  which  is  as  ill  provided  as  Louisiana.     Duboury  has  been  promised 
twelve  or  fifteen  more  by  their  Ordinaries,  etc.4 

H.  1817,  June  17. 

Dubourg,  Bordeaux,  17  June,  1817,  to  the  General.  An  insinuating 
letter. 

On  the  point  of  departing  for  his  diocese,  he  asks  lohether  he  may  not 
have  Father  Barat,  at  present  in  Bordeaux.  The  bishop  desires  the  favour  as 
a  pledge  of  the  good  things  to  come.  Barat  yearns  for  the  foreign  missions. 
Local  superiors  will  no  doubt  make  difficulty  ;  hence  Dubourg  has  recourse  to 
the  General,  who  is  all-powerful,  and  is  raised  above  the  interests  of  particular 
places:  Mais  c'est  pour  prevenir  de  pareils  obstacles  que  votre  St. 
Fondateur  a  voulu  que  tout  fut  regie  par  un  seul,  qui  ne  pouvant  etre 
influence  par  1'interet  particulier  de  tel  ou  tel  endroit  prononcat  sur  les 
vocations  de  ses  sujets  d'une  maniere  plus  conforme  a  1'interet  general  de 
la  plus  grande  gloire  de  Dieu.  Barat  knows  that  he  writes.  The  General 
can  signify  his  ivill  to  that  Father. 

J.  1819,  March  1. 

Father  Anthony  Kohlmann,  Superior  in  Maryland,  1  Mar.,  1819,  to  the 
General. 

He  reports  two  letters  received  from  Mgr.  Dubourg,  ivho  invites  him  to 
come  and  settle  in  the  city  of  Franklin,  on  the  right  bank  of  the  River 
Missouri.  Glowing  accounts  of  western  colonization.  A  wide  field  open, 
with  the  Indians  on  the  right,  Catholics  and  heretics  on  the  left.  But  the 
first  consideration  at  present  is  to  extinguish  old  debts  rather  than  contract 


new  ones? 


K.  1821,  February  24. 

Dubourg,  24  Feb.,  1821,  to  Card.  Fontana,  Prefect  of  the  Propaganda. 

He  has  been  unable  thus  far  to  provide  for  the  conversion  of  the  savages, 
"  who  abound  in  the  upper  parts  of  my  diocese."  His  former  negotiations 
with  the  General  of  the  Society,  and  the  support  vouchsafed  by  His  Holiness. 
No  progress  as  yet.  He  has  now  commissioned  Sic/nor  Ingles i  to  use  all  his 
talent  and  assiduity  in  accomplishing  this  design  with  the  Jesuits.  He  asks 
his  Eminence  to  assist  him  in  having  Father  Barat  and  other  French  Fathers 

_ 4  On  May  3,  1817,  Dubourg  announces  to  the  Cardinal  from  Lyons  that,  besides 
thirteen,  who  have  already  departed  (Bosati  among  them),  twenty  go  now  with  the 
bishop,  some  of  these  latter  being  from  the  Roman  College. 

4  At  Florissant,  near  St.  Louis,  where  the  Jesuit  novitiate  was  established  four 
years  after  the  present  date,  the  religious  of  the  Sacred  Heart  became  devoted  benefactors 
of  the  Fathers.  Dubourg  at  this  time,  87  Apr.,  1819,  writes  of  tlic  new  institute  to 
Mgr.  Marcchal,  saying  that  he  has  received  Jive  of  these  ladies,  of  whom  three  have  a 
rare  talent  for  teaching.  Cet  institut,  calqu6  sur  celui  des  J6suites,  est  dans  sa 
premiere  ferveur,  et  fait  aujourd'hui  en  France  1'ambition  de  tons  les  eveques.  II  y 
en  a  an  moins  20  maisons  considerables.  Je  n'ai  rien  vu  de  si  beau  que  ses  constitu- 
tions ufc  reglemens.  (Georgetown  College  Transcripts,  1816-1819;  a  Shea  copy.) 


1014     No.  194,  L-N.     DUBOURG  AND    THE  JESUITS,  1816-1821          [VI 

granted,  Mm  by  the  Superior  of  the  Order,  as  well  as  some  of  the  Jesuits 
recently  expelled  from  Russia  and  noio  in  France.  Five  or  six  would  be 
enough,  if  two  or  three  of  the  Mart/land  Fathers  joined  the  party,  on  account 
of  their  speaking  English,  and  "  because  of  the  goods  of  fortune  in  which 
they  abound."  His  Eminence  is  urged  to  further  the  project ;  or  else  there  is 
reason  to  fear  that  "  heretical  missionaries  will  carry  off  from  us  so  enviable 
a  palm  of  victory." 

L.  (1821,  May.) 

Rozaven,  (Rome,  May,  1821),  to  Grivel,  Paris. 

He  has  met  by  chance  the  Abbe  Inglesi,  who  reckons  on  taking  with  1dm 
to  America  f oar  Jesuits  from  France,  and  asks  for  four  from  Italy.  The 
Abbe  has  not  yet  presented  himself  to  the  General. 

M.  1821,  May  30. 

Rozaven,  Rome,  SO  May,  1821,  to  Grivel,  Paris. 

Father  Sarat  seems  to  have  an  understanding  with  Inglesi ;  Rozaven 
hopes  that  it  is  not  without  the  knowledge  of  Superiors.  The  Abbe  always 
places  Barat  at  the  head  of  four  French  Jesuits.  Nor  is  this  the  only  game 
he  is  playing.  There  is  question  of  having  a  Jesuit  bishop  in  America,  and 
the  General  has  already  been  spoken  to  on  the  subject*  Inglesi's  idea  seems 
to  be  that  of  carrying  everything  'with  a  high  hand :  Autant  que  j'en  puis 
juger,  ce  brave  M.  veut  emporter  ce  qu'il  desire  de  vive  force  et  par 
autorite.  Rozaven  hopes  that  it  will  be  without  success.  Again,  Inglesi 
wants  four  Jesuits  from  Italy.  He  has  been  in  Rome  three  weeks  without 
coming  to  see  the  General. 

N.  1821,  June  2. 

Mgr.  Pedicini,  Secretary  of  the  Propaganda,  2  Jane,  1821,  to  the 
General,  Father  Fortis,  reporting  Dubourg's  request  (K),  and  commending  it 
warmly. 

He  transmits  a  copy  of  the  letter  (K).  "  An  answer  is  being  returned  to 
the  prelate,  that  the  Sacred  Congregation  will  lend  all  its  services  in  obtaining 
from  your  Most  Rev.  Paternity  the  fulfilment  of  the  desires  expressed  ;  and 
that,  in  the  mean  time,  he  himself  should  determine  and  circumscribe  the 
limits  of  the  Mission  to  be  placed  entirely  under  the  care  of  the  Jesuit 
Fathers,  so  that  no  collision  or  disturbance  arise  subsequently.  In  pursuance 
of  the  orders  received  from  the  Sacred  Congregation,  Pedicini  the  Secretary 
prays  your  Most  Rev.  Paternity  to  take  to  heart  a  work  so  conducive  to  the 
glory  of  God  and  the  salvation  of  souls ;  and  to  let  the  undersigned  linow 

6  Father  Peter  Kenney  was  proposed  for  the  See  of  Philadelphia  by  the  Archbishop 
of  Baltimore.  In  a  Memorial  on  the  motives  which  had  indiiced  him  to  close  his 
visitation  and  return  to  Europe,  he  states  this  as  one  of  the  reasons.  (General  Archives 
S.J.,  Maryl.  Epist.,  2,  Hi. ;  Memorial  written  in  Borne,  27  Oct.,  1820.) 


§  1 6]         No.  194,  O.     DUBOURG  AND    THE  JESUITS,    1816-1821       1015 

what  you  will  be  able  to  resolve  upon   with  regard  to  each  of  the  points 
mentioned,  so  that  he  may  be  enabled  to  (jive  the  prelate  a  suitable  reply." 

0.  (1821,  June.) 

The  General,  (June,  1821),  to  (Pedieini,  Secretary  of  the  Propaganda). 
Abstract  from  the  autograph  Italian  draft  of  Father  Forth. 

Commendations  of  Bishop  Dubourg's  zeal.  Antecedents  of  the  same  in 
treating  with  the  late  General,  Father  Brzozowski.  The  present  condition  of 
Europe,  -where  in  so  many  places  the  faith  has  been  lost  or  has  "run  wild."7 
The  scarcity  of  priests  who  are  Jit  for  active  work,  and  have  received  the 
formation  of  the  Order,  since  the  re-establishment.  The  engagements  already 
made,  binding  the  General  in  conscience  and  honour  to  complete  the  establish- 
ments founded  by  the  Society  in  divers  States  of  Europe.  The  urgency  of  so 
many  European  princes,  who  demand  the  return  of  the  Order,  or  its  extension 
into  their  own  countries,  -with  the  additional  consideration  that  these  same 
princes  have  distinguished  themselves  as  protectors  and  great  benefactors  of 
the  Society.  The  state  of  France,  'where  many  bishops  have  placed  the 
Jesuits  under  signal  obligations,  and  have  been  so  liberal  in  allowing  members 
of  their  diocesan  clergy  to  enter  the  Order,  "  in  the  hope  that  they  should 
receive  a  return  in  kind  "  by  seeing  the  same  as  Jesuits  lending  their  help  in 
the  ministries  proper  to  their  new  state.  Wha,t  would  they  think  if,  after 
being  so  frequently  put  off,  they  now  saw  their  most  strenuous  workmen,  who 
are  actually  in  their  service,  withdrawn  and  despatched  to  America  ?  As  to 
Father  JBarat,  Signor  In,glesi  has  been  referred  by  the  General  to  the 
Provincial  of  France  and  to  the  Bishop  of  Bordeaux,  who  entertains  a  special 
affection  for  that  Father.  Finally,  the  General  treats  the  question  of  men 
and  means  in  Maryland,  rectifying  the  impression  conveyed  in  the  bishop's 
letter,  that  the  Jesuits  of  Maryland  have  revenues  enough  to  found  and 
maintain  missions  over  and  above  those  which  they  already  conduct. 

General  Archives  S.J.,  Epist.  Vic.  Gen.  in  Russia,  1810-19,  the  General, 
Brzozowski,  13/25  Aug.,  1816,  to  Dubourg.  Ibid.,  same  to  same,  11  Jan.,  N.S., 
1817.  Ibid.,  the  General,  12  Jan.,  N.S.,  1817,  to  the  Vicar  (Italy),  Pcrelli.  Ibid., 
same,  12  Jan.,  1817,  to  Grivel  (Paris). — Ibid.,  Missour.  Epist.,  1,  ii.,  Grivel, 
8,  9  Oct.,  1816,  to  the  General.  Ibid.,  Dubourg,  Bordeaux,  17  June,  1817,  to 
the  General.  Ibid.,  2,  i.,  Kohlmann,  1  Mar.,  1819,  to  the  General.  Ibid.,  1,  ii., 
Dubourg,  24  Feb.,  1821,  to  Card.  Fontana.  Ibid.,  Pedieini,  2  June,  1821,  to 
the  General,  Fortis.  Ibid.,  Risposta  fatta  dal  P.  Generale,  d.l.C.d.G.,  ad 
un'articolo  di  lettera,  etc.,  enclosed  in  the  foregoing ;  loose  autograph  draft  of 
Fortis. — Md.-N.  Y.  Province  Archives,  carton  2o,  Grivel  Papers,  Rozaven, 
18/35  Aug.,  1816,  to  Grivel,  Paris.  Ibid.,  the  General,  Polotsk,  12  Jan.,  N.S., 
1817,  to  Grivel;  written  by  Rozavcn,  signed  by  Brzozowski.  Ibid.,  Bozaven, 
(Borne,  May,  1821),  to  Grivel,  Paris.  Ibid.,  same  to  same,  Rome,  30  May,  1821. 
—Georgetown  College  Transcripts  (1816,  Dec.),  Dubourg,  "  received  Feb.,  1817," 
to  Card.  (Prefect,  Propaganda) ;  copy  from  the  Propaganda  Archives,  Canada- 
Panama,  iu.,  1791-1817. 

7  Inselvatichita,  as  if  playing  on  the  word  selvaggi,  "savages,"  used  in  his  first 
paragraph. 


1016         No.  195,  A-C.     MARECHAL   ON  MISSOURI,  1823,   1824  [VI 

No.  195.  1823,  1824. 

Marechal  on  Missouri :  prejudice  done  to  Maryland.  Mgi\  Dubourg 
was  in  Maryland  at  the  beginning  of  1823.  He  secured  from  the 
Superior,  Charles  Ncale,  the  transfer  of  the  novitiate  from  White 
Marsh  to  St.  Louis. 

A.  1823,  March  7. 

Marechal,  Baltimore,  7  Mar.,  182-3,  to  Kohlmann,  Catholic  Seminary, 
Washington.  On  Dubourg  and  his  transactions  with  the  Jesuits.  He  gives 
authorization  for  Dulourg  to  ordain  Mudd,  and  no  other. 

Acknowledgments.  The  request  of  Father  Charles  Neale,  Superior,  that 
Mgr.  Dubourg  on  his  return  from  Washington  may  be  allowed  to  ordain  Mr. 
A.  Mudd,  whom  alone  Neale  mentions.  Pour  cette  raison,  mais  surtout  a 
cause  des  circonstances  oil  je  me  trouve,  je  crois  qu'il  faut  agir  avec 
prudence. — Mgr.  Dubourg  m'a  bien  fait  bier  quelques  aveux.  Mais 
comme  il  est  partie  agissante  et  interesse[e],  je  crains  qu'il  ne  m'ait  pas 
dit  tout  son  secret.  Et  c'est  pourquoi  je  vous  envoye  1'incluse,  qui  est 
restreinte  a  1'ordination  de  Mr.  Mudd. — Quant  aux  cinq  autres  sujets,  je 
ferai  en  sorte  qu'ils  n'attendent  pas  long  terns.  Je  suis  avec  respect 
M.  R.  P.  .  .  . 

P.S.  Suppose  que  Mgr.  Dubourg  ne  puisse  ou  ne  veuille  pas  ordonner 
Mr.  Mudd,  il  faudra  deslors  me  1'envoyer.1 

B.  1823,  March  15. 
Marechal,  Baltimore,  15  Mar. ,1823,  to  Kohlmann,  Washington  Seminary. 

His  discontent  at  the  projected  expedition  of  Jesuits  to  Missouri. 

A  letter  received  from  B.  Fenwick  has  been  already  answered  by 
Marechal's  last  to  Kohlmann.  The  expedition  to  Missouri  should  be  sent 
off  by  detachments  :  Je  suis  plus  intimement  convaincu  que  jamais  que  le 
bien  de  la  Religion  en  general,  celui  de  mon  Diocese  et  surtout  1'interet  de 
la  Societe,  demandent  que  1'emigration  projettee,  du  Maryland  dans  la 
Louisiane,  doit  se  faire  par  detachemens  successifs,  sans  fracas  ni  tapage. 
Ce  mode  de  proceder  sera  aussi  efficace  et  aussi  avantageux  pour  Mgr. 
Dubourg  et  la  Societe  que  le  plan  subitement  concerte  dans  le  secret 
entre  ce  Prelat  et  Mr.  Ben.  Fenwick.  Public  scandal  thereby  avoided.  It 
is  not  pecuniary  difficulties  which  have  occasioned  this  enterprise.  TJie  arch- 
bishop is  pained  to  hear  it  said  on  all  sides,  that  the  American  party  has 
at  last  found  a  means  of  mortifying  the  Arch!1  and  of  getting  rid  of  their 
Dutch  Brethren. 

C.  1823,  April  20. 

Marechal,  Baltimore,  30  Apr.,  1823,  to  Dr.  Eobert  Gradioell,  English 
College,  Borne.     Strictures  on  the  Missouri  expedition. 

1  From  St.  Liigocc,,  where  Mudd  was  studying  at  the  time. 


§  1 6]  No.  195,  D.     MARECHAL   ON  MISSOURI,    1823,   1824  1017 

On  Boston  and  Philadelphia.  M<jr.  DnJioury,  who  came  hither  lasl 
winter,  is  carrying  off  seven  young  Flemings,  who  were  finishing  their  novitiate 
at  Willie  Marsh,  besides  two  missionaries  of  the  same  nation?  G.  Neale's 
pretext,  the  indebtedness  of  the  Society.  Tlie  true  reason,  domestic  dissen- 
sions.3 Want  of  men  for  Maryland  and  Virginia.  The  packets  of  letters 
sent  by  Marechal  on  the  White  Marsh  controversy 4  should  have  reached 
Gradwell  by  this  time.  Compliments. 

D.  1823,  April  20. 

Beschter,  S.J.,  German  pastor,  Baltimore,  20  Apr.,  1823,  to  Francis 
Neale,  St.  Thomas's  Manor.  Marechal's  efforts  to  stop  the  Missouri  expe- 
dition. His  objection  to  a  successor  of  Van  Quickenborne  at  White  Marsh. 

On  the  imminent  death  of  Charles  Neale,  Superior,  Portobacco.  Fr.  Van 
Quickenborne  left  Baltimore  late  in  the  evening  for  Conowago,  where  his 
companions  are  waiting  for  him  to  set  out  for  Hagerstown  and  the 
Missoury.  The  wagon  with  their  effects  left  this  place  last  Saturday 
for  Wheeling.  He  had  to  pay  4.000.  \r[eight?~\  at  $31  per  100.  When 
he  went  to  the  Archbishop  to  take  leave  and  get  an  altar  stone,  he  was 
told  that  Fr.  Murphy  by  going  to  the  White  Marsh,5  and  take  care  of 
souls  without  his  previous  approbation,  has  incurred  the  poenarn  suspen- 
sionis  infligendae,  by  the  regulations  made  [by]  the  Archbishop  Carroll 
and  the  other  Bishops.6  The  Archbishop  was  also  doubtful  if  he  in 
conscience  could  give  him  an  altar  stone  for  fear  to  concurr  in  his  irregular 
undertaking.  Still  at  last  he  overcame  that  scruple  and  gave  him  a  stone. 

Items :  The  White  Marsh  controversy.  Beschter  being  sick  had  called 
for  Father  Kohlmann.  The  two  of  them  with  Edelen  accepted  of  the  Arch- 
l>ishop's  invitation  to  dine  with  him,  ivho  with  his  Gentlemen  where  extra- 
ordinarily polite  and  kind.  He  then  requested  in  secret  Fr.  K[ohlmann]  and 
Fr.  Ed[e/e?i]  to  exert  their  utmost  credit  to  prevent  the  novice  master 
and  the  rest  to  go  to  the  Missoury ;  at  least  some  of  them,  that  it  might 
not  be  said,  that  the  noviceship  was  transfered  there ;  for,  said  he,  the 
people  will  think  that  I  am  the  cause  of  the  Jesuits  leaving  this  diocese  !  !  ! 
Reflections  on  the  situation. 

2  Fathers   C.   Van   Quickenborne,  master  of  novices,   and  P.   J.    Timmermans, 
stationed  at  White  Marsh. 

3  Cf.  No.  135,  A,  Prop.  13,  p.  549. 

4  Cf.  No.  127,  p.  504. 

5  To  supply  the  place  vacated  by  Van  Quickcnbornc,  in  accordance  with  the  tules  of 
Benedict  XIV.  and  of  the  Propaganda.     See  Nos.  192,  K2,  21 ;  193,  D,  note  29. 

6  The  article  referred  to  seems  to  be  that  about  strange  and  unknown  priests.     Cf. 
Shea,  History  of  the  Catholic  Church  in  the  United  States,  ii.  634.    Father  Murphy 
was  evidently  a  knoion  and  approved  priest  of  the  archdiocese,  if  suspension  was 
infligenda.     The  sixth  regulation  among  those  cited  here  by  Marechal,  and  published 
by  himself  as  first  in  his  printed  pamphlet  (cf.  No.  192,  G),  allows  such  a  priest  to 
exercise  his  faculties  even  in  "  neighbouring  dioceses."     However,  this  is  the  inaugura- 
tion of  Marechal' s  policy  concerning  the  Jesuits.     Cf.  No.  135,  p.  562. 


VOL.    I.  3   U 


1018        No.  195,  E,  F.     MARECHAL    ON  MISSOURI,    1823,   1824  [VI 

E.  1823,  May  6. 

Joseph  Rosati  of  the  Congregation  of  the  Mission,  St.  Genevieve,  (Mis- 
souri), 6  May,  1823,  to  his  Prior,  (Rome).  The  subsidy  offered  to  Mgr. 
Dubourg  by  the  American  Government  for  each  missionary  sent  to  the  Indian 
tribes,  §200  annually.  The  new  mission  of  the  Jesuits.  The  laudable  zeal 
of  Dubourg. 

MOLTO  RNDO  SIG.  PRIORE  COL™, 

Non    so    se  la  presente    trovera  il    Sig.    Borgna    alia    Nuova 
Orleans.     Spero  che  in  qualunque  caso  sara  rimessa  a  V.S.M.Ra.a     Diffi- 
culties and,  hopes.     Need  of  subjects.     The  new  Jesuit  establishment.     Praise 
of  Dubourg.     Ma  converra  fare  il  possibile  per  trovare  de'soggetti.     Di  piii 
il  governo  ha  promesso  a  Monsignore  [Dubourg"]  di  dar  200  scudi  all'anno 
per  ciascun  missionario   che   sara   mandate  da  lui  tra  i  selvaggi,  tanto 
sacerdoti  che  fratelli.      Si  e    convenuto    di    cominciare   col    mandervene 
quattro  nel  Missouri  ed  altrettanto  nel  Misissipi.     I  Gesuiti  sono  stati 
incaricati   delle    missioni   del    Missouri,   e   la    nostra   congregazione    di 
quelle    del   Misissipi.       Ostium    magnum    apertum    est  :    messis    multa, 
operarii   autem  pauci.     Dopo  aver  pregato   Dominum  messis  ut    mittat 
operarios  in  messem    suam,    non   ho  altro  mezzo  che    di  raccomandarci 
a    V.S.M.R.       E    tempo  oramai    di   pensare    alia  conversione  di  questa 
povera    gente.     Monsig.  Vescovo    nel  viaggio   che  a  fatto  a  Washington 
capitale  dei  Stati  Uniti  e  riuscito  felicemente    in   tutto  quello    che    ha 
intrapreso  pel  bene  spirituale  della  sua  diocesi ;  ha  ottenuto  dai  Gesuiti 
dodici  soggetti  i  quali  formeranno  una  casa  20  miglia  incirca  da  S.  Luigi. 
Questo  stabilimento  formera  dei  soggetti  per  le  missioni   del   Missouri   e 
sara  al  caso  di  rendere  servizi  important!  alia  religione.     Mi  raccomand6 
di  scrivere  a  V.S.M.R.,   affinche  noi  possiamo  del  canto  iiostro    fornire 
soggetti  per  le  missioni  del  Misissipi.     Dio  prospera  in  una  maniera  parti- 
colare  tutti  i  progetti  di  questo  degnissimo  prelato,  il  quale  pare  essere 
prescelto  dalla  Provideuza  par  piantare  la  religione  solidamente  in  questa 
diocesi.  .   .  . 

Di  V.S.M.R., 

Urn?  ed  Ob1"?0  servo, 
GIUSEPPE  ROSATI,  Prete  della  Cong!"  della  Missione. 

Da  S.  Genovefa,  6  Maggio,  1823. 

P.  1823,  June  24. 

Marechal,  Baltimore,  24  June,  1828,  to  Gradwell,  Rome.  A  criticism 
on  the  Missouri  enterprise  of  Dubourg. 

On  the  packet  of  letters  safely  received  by  Gradwell.  Marechal  hopes 
that  the  Holy  See  will  speedily  settle  his  controversy  with  the  Jesuits  about 
White  Marsh.7  Mr.  1'eveque  de  la  Louisiane  est  venu  1'hyver  dernier  a 
Baltimore.  Sa  conduite  pendant  son  sejour  dans  mon  diocese  a  ete  bien 

7  Cf.  Nos.  127-129. 


§  1 6]  No.  195,  G.     MARECHAL    ON  MISSOURI,   1823,   1824  1019 

peu  honorable  pour  un  eveque.     II  etoit  accompagne  d'un  jeune  pretre,  a 
peu  pres  de  la  tournure  de  1'abbe  Inglesi.     J'ai   empeche  qu'il  ne  fit  du 
mal.     Dubourg  s  negotiations  with  the  Government  of  Washington  on  behalf  of 
the  Indians.     He  obtained  an  allotment  of  §200   a  year  for  each   Catholic 
missionary,  just  as  the  Methodists  and  Moravians,   etc.,  are  provided  for  by 
the  Government.     Les  personnes  instruits  per  1'experience  regardent  ici  le 
projet  de  Mgr.  Dubourg  comme  chimerique.     Elles  pensent  et  non   sans 
fondement  que  le  but  veritable  du  prelat  est  de  faire  un  peu  de  tapage 
dans  les  gazettes  d'Europe  et  sous  pretexte  de  conversions  d'Indiens 8  de 
faire  de  nouvelles  collectes  en  France  et  ailleurs.      The  secret  treaty  betiveen 
Dubourg  and  the  American  Jesuits  of  Maryland.     Marechal  represented  to 
both  Dubourg  and  C.  Neale  the  decree  of  June,  1822,9  which  prohibited  such 
a  removal  as  that  of  Van   QuicJcenborne  and   Timmermans :  J'ai    en    vain 
represente  et  a  Mgr.  Dubourg  et  au  P.  Neale  la  decision  du  St.  Siege  du 
ruois  du  juin  dernier,  par  le  quel  il  est  defendu  au  superieur  de  retirer  ses 
sujets  employes  dans  le  saint  ministere,  tels   qu'etoient   les  deux  pretres 
en  question  sans  m'en  presenter  d'autres  qui  pussent   [prendre]  soin  des 
congregations  dont  ceux-la  etoient  charges.10      Mais   ils  se  sont  mis  au 
dessus  de  ce  decret.      The  pretext  of  debts  advanced  by  O.    Neale.      The 
scandal  caused  by  Dubourg.      TJte  embarrassment  resulting  for  the  archdiocese 
of  Baltimore  and  for  Virginia.     Censures  to  be  fulminated  by  the  Holy  See 
against  any  priests  leaving  Marechal's  diocese  without  his  permission :  Pour 
mettrc  fin  a  toutes  ces  intrigues,  je  ne  vois  point  de  moyen  a  prendre,  si  ce 
n'est  que  le  St.  Siege  defende  sous  peine  de  censures  ipso  facto  incurrendao 
a  tous  pretres  reguliers  et  seculiers  de  se  retirer,  sans  ma  permission,  de 
mon  diocese.     Communiquez,  je  vous  prie,  1'idee  de  cette  rnesure  a  S.E.,11 
votre  proche  voisin.     Autrement  la   religion  pent  souffrir  enormement. 
Further  criticisms  on  Dubourg,  and  episcopal  nominations,  which  will  preju- 
dice Marechal's  diocese.     Compliments. 

G.  1823,  July  11. 

Marechal,  Baltimore,  11  July,  1823,  to  Card.  Fesch.  Criticism  on 
D  ubourcf  s  proceedings. 

On  Mgr.  Dubourg's  late  enterprise  and  his  doings,  with  additional  items. 
Par  des  intrigues  secretes  et  assurement  bien  deshonorantes,  il  a  reussi 
a  emmener  avec  lui  sept  jeunes  gens,  que  je  regardois  comme  devant 
sous  peu  servir  mon  diocese.  Bien  plus  il  a  st'duit  deux  jeunes  pretres 

8  In  a  long  letter,  s.d.,  containing  the  recommendation  of  Rosati  as  Bishop  of  New 
Orleans  and  administrator  of  Alabama  and  the  Floridas,  leaving  Upper  Louisiana  to 
Bishop  Dubourg,  Marechal  devotes  the  last  part,  3?  ,  to  establishing  the  thesis  that  the 
project  of  converting  the  Indian  savages  is  an  idle  dream :  Quant  a  la  conversion 
future  des  sauvages,  c'est  un  chateau  en  Espagne.  (English  College  Archives,  Rome, 
Gradivell  Collections,  Baltimore  and  Quebec,  ff.  282,  seq. ;  original.) 

?  No.  121,  K. 

10  Father  John  Murphy  had  been  appointed  (supra,  D).     In  the  following 
A.  Kohlmann  also  is  registered  for  Wliite  Marsh. 

11  Card.  Fesch. 


1020  No.  195,  H.     MARECHAL    ON  MISSOURI,    1823,   1824  [VI 

actuellement  employes  dans  les  missions  situees  aux  environs  de  White 
Marsh.12  Enfin  a  sa  persuasion  et  sans  respect  pour  le  Bref  de  sa  Saintete, 
six  negres  jeunes  et  vigoureux  appartenant  a  cette  habitation  viennent 
d'etre  enleves  par  force  et  conduits  a  S.  Louis.  Pour  masquer  des 
fautes  aussi  considerables  et  aussi  scandaleuses,  Mgr.  Dubourg  vient  de 
faire  partir  pour  Rome  un  ecclesiastique  Italien  en  qualite  d'agent.  His 
parade  of  Indian  missions.  His  plans  about  New  Orleans  as  an  arch- 
bishopric, with  Rosati  as  suffragan  at  St.  Louis.  Cela  m'est  assez  in- 
different. Mais  cependant  je  ne  peux  en  conscience  cacher  a  la  Propagande 
que  Mgr.  Dubourg  a  perdu  la  confiance  et  des  ecclesiastiques  et  des  laics 
de  la  N.  Orleans.  A  new  diocese  needed  in  Alabama  and  Florida.  De- 
troit. Marechal's  loss  of  men  through  the  death  of  two  missionaries  in 
Maryland,™  and  two  in  Virginia  ;  the  declining  health  of  others.  Ces  pertes, 
reunies  a  1'invasion  subite  et  scandaleuse  de  Mgr.  Dubourg,  me  jettent 
dans  des  embarras  extremes,  et  a  moins  que  la  Propagande  ne  me  protege 
centre  des  mene'es  et  des  seductions  semblables  a  celles  de  Mgr.  de  la  N. 
Orleans,  je  crains  beaucoup  qu'avant  pen  1'administration  de  mon  diocese 
ne  me  devienne  entierement  impossible.  Fear  of  loss  through  nominations 
to  bishoprics.  Excuses. 

H.  1823,  (August  or  September). 

Marechal,  Baltimore,   9  (Aug.  or  Sept.),^  1823,   to   Gradwell,  English 
College,  Rome.    He  demands  two  new  decrees  against  the  Jesuits  of  Maryland. 

On  the  nomination  of  Father  Enoch  Fenwick  to  a  bishopric  in  Florida  and 
Alabama.  Distress  for  want  of  priests.  Marechal  makes  a  nomination  of 
Father  Benedict  Fenwick.  The  controversy  about  Wliite  Marsh  ;  Marechal 
fears  that  his  case  against  the  Jesuits  is  going  to  drag  in  Rome.  The  Jesuits 
have  sold  Arabia  Petrea  in  Harford  Co.  (Deer  Creek).  Could  not  Dr. 
Gradwell,  ivith  Cardinal  Fesch  and  others,  obtain  a  decree  prohibiting  all  such 
sales,  under  pain  of  censures  ipso  facto  incurrendae,  unless  the  Archbishop  of 
Baltimore  has  previously  given  his  consent ;  as  also  another  decree,  restraining 
the  Jesuit  Superior  from  sending  out  of  Maryland  any  of  his  subjects  who 
have  been  educated  in  Maryland.1*  On  Philadelphia,  Hogan,  etc.,  the  lay- 
trustees  there.  On  Dubourg,  who  may  have  further  designs,  after  his  exploit 
of  last  ivinter. 

.  .  .  Ne  pouriez  vous  pas  vous  combiner  avec  le  Card.  F.  et  autres  et 
obtenir  du  St.  Siege  1°  un  decret  par  le  quel  il  seroit  de"fendu  aux  Jesuites 
Trustees,  sous  peine  de  censures  ipso  facto  incurrendae,  de  vendre  aucunes 

(a)  Apparently  avril,  but,  at  appears  l>y  the  dates  of  letttrs  cited,  it  must  le  either  the  0  Sept.,  or 
posiMy  aout,  Aug.  There  is  another  letter  of  Marechal's  to  Gradwell  which  serins  to  read  0  avril, 
erroneouily. 

12  This  manner  of  conceiving  the  status  of  the  Jesuits  in  question  agrees  with 
Marechal's  thesis  that  the  Order  had  not  been  canonically  re-established  in  America. 
Cf.  No.  200,  B. 

13  Fathers  Maleve,  Henry,  and  Charles  Neale  had  died. 

14  Cf.  No.  120,  2'.' 


§  16]  No.  196,  A.     UPPER  LOUISIANA    CONCORDAT,  1823  1021 

des  terres  dont  ils  ont  1'administration,  sans  avoir  obtenu  le  consentement 
prealable  de  1'archeveque'de  Baltimore  ;  2?  un  autre  decret  obligeant  le 
Superieur  de  ne  point  envoyer  hors  du  diocese  de  Baltimore  les  sujets  qui 
auront  e"te  eleves  aux  frais  et  au  depeus  des  biens  du  clerge  du  Mary- 
land ? 15  Deux  decrets  de  cette  nature  pouroient  prevenir  bien  des  abus 
prejudiciables  a  inon  diocese.  Philadelphia. 

Mgr.  Dubourg  a  envoye  a  Rome  un  autre  agent  pour  remplacer  Inglesi. 
Je  ne  le  connois  pas.  Mais  veillez  ses  demarches.  Tel  est  1'esprit 
excentrique  et  intrigant  de  1'eveque  de  la  Nouvelle  Orleans  que  je  ne 
serois  point  surpris  qu'il  n'eut  charge  son  agent  de  demandes  peu  sages  et 
nuisibles  au  bien  de  la  religion.  Faites  surtout  grande  attention  que  la 
Propagande  n'accede  a  aucune  niesure  qui  pouroit  toucher  ou  la  province 
rnetropolitaine  de  Baltimore  ou  mon  diocese,  ou  qui  tendroit  a  me  faire 
perdre  quelques  pretres,  sans  m'avoir  ecrit  auparavant.  Apres  m'avoir 
debauche  1'hyver  dernier  9  sujets,  ce  seroit  me  donner  le  coup  de  rnort,  si 
ce  prelat  m'alloit  encore  m'en  enlever  d'autres.  Je  suis  dans  la  penurie  la 
plus  extreme.  La  Virginia  est  presque  sans  pasteurs  et  malheureusemeiit 
je  n'en  n'ai  point  a  lui  envoyer.  Items  and  directions. 

Md.-N.  Y.  Province  Archives,  1823,  Mar.  7,  Marcchal,  Baltimore,  to  Kohl- 
mann,  Catholic  Seminary,  Washington;  2pp.4to.  Ibid.,  1823,  Mar.  15,  same 
to  same ;  2  pp.  4to.  Ibid.,  1823,  Apr.  20,  Bcschtcr,  Baltimore,  to  F.  Neale,  St. 
Thomas's  Manor. — Georgetown  College  Transcripts,  1823,  May  6,  Rosati,  St. 
Oenevieve,  Missouri,  to  his  Prior,  (Rome)  ;  copy  from  the  Propaganda,  3  pp.  4to. 
— Propaganda  Archives,  Scritture  riferite  nei  congress!,  America  Centrale, 
vol.  8,  1823-1826,  same  document,  Rosati,  6  May,  1823. — English  College 
Archives,  Rome,  Gradwell  Collections,  Baltimore  and  Quebec,  f.  31,  Marcchal, 
Baltimore,  20  Apr.,  1823,  to  Gradwell.  Ibid.,  ff.  32,  33,  same  to  same,  24  June, 
1823.  Ibid.,/.  84,  85,  Marcchal,  Baltimore,' 11  July,  1823,  to  Card.  Fesch ; 
Gradwell's  copy.  Ibid.,  ff.  29,  30,  Marcchal,  Baltimore,  9  (Aug.  or  Sc2)t.),  1823, 
to  Gradwell.  Accents  supplied. 

No.  196.  1823-1830. 

The  Upper  Louisiana  Concordat,  1823 :  the  territory  and  conditions. 
Subsequent  relations  'between  Bishop  Duboury  and  the  Society. 

A.  1823,  March  19. 

A  Concordat  or  Agreement 

entered  into  by  the  R'  Rev.  Louis  Win.  DuBourg,  Bishop  of  New  Orleans, 
on  the  one  part,  with  the  Rev.  Father  Charles  Neale,  Superior  of  the 
Society  of  Jesus  in  the  United  States  of  America,  on  the  other  part, 
respecting  the  Missions  about  to  be  undertaken  by  the  said  Society  in 
the  Diocess  of  the  said  prelate. 

The  R*  Rev.  Bishop  of  New  Orleans,  animated  by  the  desire  of 
propagating  and  extending  the  Gospel  through  his  extensive  diocess,  and 
anxious  to  promote,  as  much  as  possible,  the  temporal  as  well  as  the 
spiritual  welfare  of  the  numerous  savage  tribes  inhabiting  the  shores  of 

15  Thai  is,  at  the  expense  of  the  Jesuit  funds  or  estates.     Cj.  No.  120,  2'. 


1022         No.  196,  A.     UPPER   LOUISIANA    CONCORDAT,    1823  [VI 

the  Missouri  and  its  tributary  streams,  by  conferring  on  them  the  benefits 
and  comforts  of  civilization  and  at  the  same  time  instructing  them  in  the 
ways  of  God  and  opening  their  eyes  to  the  truths  of  His  holy  Religion,  as 
taught  by  Jesus  Christ  His  divine  Son  and  proposed  by  the  Church, 
seizes  with  joy  a  proposal  made  to  him  by  the  Superior  of  the  Society  in 
the  United  States,  to  co-operate  with  him  and  to  carry  into  effect  so 
laudable  a  design,  by  furnishing  him  with  a  number  of  able  and  zealous 
missionaries,  who  shall  immediately  proceed  to  the  work.  And,  in  order 
that  a  fair  understanding  may  always  hereafter  subsist  between  the 
Bishop  of  New  Orleans  and  his  successors  in  the  See  and  the  Superior  of 
the  Society  of  Jesus  and  his  successors,  the  following  concordat  or  agree- 
ment is  entered  into,  and  has  been  signed  by  each  of  the  parties  ;  and 
when  approved  and  ratified  by  his  Holiness  as  well  as  by  the  General  of 
the  Society  in  Rome,  the  same  shall  be  perpetually  binding  on  them  and 
their  successors. 

1.  The  Bishop  of  New  Orleans  cedes  and  surrenders  to  the  Society  of 
Jesus  for  ever,  as  soon  and  in  proportion  as  its  increase  of  members  enables 
it  to  undertake  the  same,  the  absolute  and  exclusive  care  of  all  the 
missions  already  established  and  which  shall  be  hereafter  established  on 
the  Missouri  River  and  its  tributary  streams ;  comprising  within  the 
above  grant  and  cession  the  spiritual  direction,  agreeably  to  their  holy 
institute,  as  well  of  all  the  white  population  as  of  the  various  Indian 
tribes  inhabiting  the  above  mentioned  district  of  country,  together  with 
all  the  churches,  chapels,  colleges  and  seminaries  of  learning  already 
erected  and  which  shall  hereafter  be  erected,  in  full  conviction  of 
the  blessed  advantages  his  diocess  will  derive  from  the  piety,  the 
learning  and  the  zeal  of  the  members  of  the  said  religious  Society. — 
Reserving,  however,  at  all  times  to  himself  and  his  successors  the  right 
of  visiting  in  charity  said  portions  of  his  diocess,  agreeably  to  the 
canons  of  the  Church  in  such  cases  made  and  provided ;  also  of  requiring 
the  removal  of  any  member  or  members  of  the  Society  from  any  post 
or  station  in  the  ministry,  when  such  removal  for  impropriety  of 
conduct  is  deemed  by  him  necessary  ;  and  also  of  requiring  upon  all 
occasions,  when  a  Superior  shall  desire  to  withdraw  a  member  or  members 
from  any  post  of  the  mission,  the  name  of  the  individual  or  individuals 
he  appoints  to  succeed  him  or  them ;  in  order  that  he  (the  Bishop)  may 
judge  of  his  or  their  qualifications,  etc.,  and  empower  him  or  them  to 
exercise  jurisdiction  accordingly.1 

2.  The  Bishop,  to  enable  the  Superior  and  the  Society  to  enter- 
immediately  upon  the  work  so  laudably  undertaken  by  them,  engages  to 
cede  and  transfer  to  said  Society  all  right  and  title  to  a  tract  of  valuable 
land  at  Florissant,  of  which  he  is  now  legal  proprietor,  consisting  of 

1  Here  a  correlative  right  of  the  Jesuit  Superior  to  remove  men  has  been  omitted. 
The  matter  is  adjusted  in  a  friendly  correspondence  between  the  General  and  Dubourg, 
infra,  F,  G. 


§  1 6]  No.  196,  A.     UPPER  LOUISIANA    CONCORDAT,    1823          1023 

three  hundred  and  fifty  acres  or  thereabouts,  with  all  its  buildings  and 
improvements ;  and  to  make  over  the  same  immediately  in  such  way  and 
to  such  person  or  persons,  in  trust  for  the  Society,  as  the  Superior  shall 
think  fit. 

3.  The  Bishop  furthermore  pledges  and  hereby  binds  himself  and  his 
successors  to  support,  encourage  and  promote  to  the  best  of  his  ability, 
and  with  such  pecuniary  aid,  collections   and   donations,  as  his  circum- 
stances and  means  will  allow,  the  missions  herein  conceded  to  the  Society 
with  their  respective  establishments,  colleges,  seminaries,  churches,  etc., 
which  are  and  which  shall  be  hereafter  made  and  erected, — and  especially 
the  seminary  immediately  to  be  commenced  on  the  above  mentioned  tract 
of  land  at  Florissant. 

4.  The  Superior  of  the  Society  on  the  other  hand  engages  himself  to 
send  immediately  to  Florissant,  in  the  State  of  Missouri,  two  Priests  of 
the  Society  of  Jesus,  with  seven  young  men,  candidates  for  the  same,  for 
the  purpose  of  forming  an  establishment  there,  which  shall  serve  for  the 
present  as  a  seminary  of  preparation  for  the  objects  above  specified. — He 
promises    moreover   to   send,   with  the  above,   two  or   three  lay-brothers 
of  the  same  Society,  with  at  least  four  or  five  negroes  to  be  employed 
in    preparing    and    providing    the    additional    buildings    that    may    be 
found    necessary,   and   in   cultivating   the  land    of  the  above  mentioned 
farm. 

5.  The   Superior  also  engages   that,  at  the  expiration  of  two  years, 
counting  from  the  time  of  their  arrival,  four  or  five,  at  least,  missionaries 
duly  qualified  shall  proceed  to  the  remoter  missions,  (i.e.)  to  the  Indian 
settlements  iu   the  vicinity   of   Council  Bluffs,2  and   shall    there   labour 
towards  the  attainment  of  the  great  object  specified  above  for  the  greater 
honor  and  glory  of  God. 

6.  The  Superior  pledges  himself  to  foster  and  promote,  as  much  as  he 
is  able,  the  above  mentioned  missions  with  their  several  departments  ;  and, 
until  it  shall  be  deemed  necessary  for  the  greater  good  of  the  mission  to  fix 
upon  some  other  site  for  the  principal  residence  of  the  Society  engaged  in 
this  mission,  to   retain  at  the  establishment  at  Florissant  at  least  two 
capable  Fathers,  whose  chief  care  it  shall  be  to  superintend  and  to  direct 
the  same,  in  qualifying  the  youth  who  shall  offer  themselves,  and   who 
shall  have  been  received  there  with  the  approbation  of  the  Superior,  for 
the  purposes  of  the  mission. 

7.  The  Bishop  of  New  Orleans  in  his  desire  of  promoting  the  establish- 
ment about  to  be  commenced  at  Florissant,  and  to  benefit  the  mission  at 
large,   obligates  himself  and   his  successors  to  pay  into  the  hands  of  the 
chief  of   the  mission  whatever  sum  or  sums  of   money  the  United  States 
Government  shall  think  fit  to  advance,  and  to  apply  towards  this  object, 
and  to  transmit  to   the   same  whatever   sum   or  sums  it  shall  hereafter 

2  On  the  Missouri  River,  in  Iowa,  opposite  to  Omaha,  Nebraska,  a  distance  of  over 
500  miles  by  river  from  St.  Louis. 


1024          No.  196,  B-D.     THE  MISSOURI  MISSION,    1823-1830  [VI 

appropriate,  and  as  long  as  it  shall  continue  to   appropriate  it  or  them, 
towards  the  furtherance  of  the  work  of  God  in  this  section. 

In  confirmation  of  this  mutual  agreement  this  instrument  is  signed  by 
both  parties. 

George  Town,  Dist.  of  Cl?,  March  19,  A. D.  1823. 

+  L.  WM  DuBouKG,  B!'  of  N.  Orleans. 

CHARLES  NEALE,  Superior  of  the  Mission 
of  the  Society  of  Jesus  in  the  United 
States  of  America. 

B.  1823,  March  25. 

Dubourg's  original  bond  to  deliver  over  a  farm  at  Florissant,  25  Mar., 
1823. 

He  has  sold  this  day,  for  the  consideration  of  §4000,  to  Francis  Neale, 
850  acres  more  or  less  at  Florissant,  originally  purchased  by  himself  from  Mr. 
Edw.  Lyon.  He  herewith  binds  himself  in  the  full  sum  of  eight  thousand 
dollars,  current  money,  U.S.,  to  the  said  Francis  Neale,  his  heirs,  etc.  The 
conditions  of  avoiding  the  above  obligation  are  that  he  deliver  over  effectually 
to  Francis  Neale  the  said  lot  of  ground  with  premises,  etc.,  as  soon  as  it  shall 
have  been  duly  notified  to  me  that  his  Holyness  the  Pope  has  ratified  the 
agreement  or  Concordate  entered  upon  between  me  and  Rev.  Charles  Neale, 
at  Mount  Carmel,  Md.,  19  March,  1828. 

Signed:  ADAM  MARSHALL.  +L.  Wu  DuBouRG  [seal]. 

B.  FENWICK. 

C.  1823,  March  25. 

Dubourg's  explanation  of  the  above  bond,  Georgetown,  D.C.,  25  Mar., 
1828. 

He  declares  that,  whereas  in  virtue  of  a  Concordat  dated  19  Mar., 
1823,  I  drew  a  bond  of  conveyance  to  Francis  Neale  as  the  assign  of  said 
Charles  Neale  of  said  property,  for  §4000,  this  is  to  secure  Francis  Neale 
from  all  demands  for  said  sum  of  $4000,  that  consideration  being  only 
nominal,  and  the  true  consideration  being  the  articles  of  the  aforesaid 
Concordat,  which,  if  executed  here  by  Neale  and  approved  by  Borne, 
must  be  considered  full  equivalent  for  the  farm.  Done  in  presence  of 
B.  Fenwick,  Enoch  Fenwick.  Signatures  all  autograph. 

D.  1823,  April  10. 

Assignment  of  six  negroes  to  Florissant,  Apr.  10,  1823." 
Wliereas  Adam  Marshall  undersigned  is  the  duly  appointed  agent  general 
of  the  Corporation,  etc.,  with  powers  duly  certified ,  Nov.  SI,  1822,  he  declares  : 
I  hereby  deliver  up  to  the  Rev.  Charles  F.  Van  Quickenborne  the  six 

3  Cf.  No.  195,  G. 


§  16]  No.  196,  E,  F.     THE  MISSOURI  MISSION,    1823-1830          1025 

following  Negroe  slaves,  (viz.)  Tom  and  Polly  his  wife,  Moises  and  Nancy 
his  wife,  Isaac  and  Succy  his  wife,  all  of  whom  are  the  property  of  the 
above  Corporation,  for  service  in  Missouri.  I  also  hereby  appoint  the 
Rev.  Charles  F.  Van  Quickenborne  my  Sub- Agent  to  govern  and  dispose 
of  said  slaves  as  he  thinks  proper,  and  to  sell  any  or  all  of  them  to  humane 
and  Christian  masters  who  will  purchase  them  for  their  own  use,  should 
they  at  any  time  become  refractory,  or  their  conduct  grievously  immoral. 

ADAM  MARSHALL,  Ag! 
Washington,  D.C.,  April  10th,  1823. 

E.  1823,  May  6. 

B.  Fenwick,  Mount  Carmel,  (Portobacco),  6  May,  1828,  to  the  General. 
Commentary  on  the  Missouri  Mission  and  the  Concordat. 

Four  reasons  for  the  transference  of  the  novitiate,  etc.  1.  Reasons  from 
the  side  of  Mr.  Calhoun,  Secretary  of  War,  ivho  would  otherwise  have  engaged 
Protestant  missionaries ;  2.  the  insistence  of  Mgr.  Dubourg,  who  feared 
that  Jus  successor  in  the  See  might  not  favour  the  establishment  of  the  Society  ; 
3.  the  debts  of  Maryland,  which  rendered  the  novitiate  a  burden  on  the  eastern 
Mission;  4.  the  unfitness  of  foreigners  for  Maryland  and  their  fitness  for 
Missouri.  A  fifth  motive  might  be  added,  which  might  also  have  con- 
tributed something  to  influence  his  [Charles  Neale's^  determination,  as  he 
apprehended  at  the  time  persecution  on  the  part  of  the  Archbishop  of 
Baltimore  in  consequence  of  his  refusal  (a  thing  he  had  no  power  to  grant) 
to  surrender  the  Marsh-Plantation  to  him  [Marechal],  agreeably  to  the 
Brief  of  his  Holiness  to  that  effect :  viz.  the  obtaining  in  a  new  diocese 
an  asylum 4  where  the  Society  (if  the  present  concordate  should  meet  your 
Paternity's  approbation  and  that  of  his  Holiness)  would  experience  no 
interruption,  and  where  its  members  would  have  no  other  enemies  to 
encounter  but  such  as  are  equally  enemies  to  God  and  His  holy  religion. 
The  term  of  novitiate  had  nearly  expired  for  the  seven  Flemish  novices. 

F.  1823,  July  25. 

The  General,  Father  Louis  Fortis,  Rome,  ,?-5  July,  1823,  to  Mgr. 
Dubourg. 

Acknowledges  the  receipt  of  the  prelate's  letter  -which  he  transmitted  at 
once  to  Card.  Consalvi,  Prefect  ad,  iiifci'ini  of  the  Propaganda.  The  appro- 
bation of  the  Sacred  Congregation  will  no  doubt  be  given  in  due  time.  The 
General  approves  of  all  the.  artirh-x,  liiti  desires  a  more  express  statement  of 
one  point,5  which  no  doubt  was  really  intended  by  the  Bishop;  viz.  that  not 
only  the  Ordinary  'may  desire  a  man  to  be  withdrawn  without  giving  his 
reasons,  but  the  regular  Superior  may  withdraw  any  one  precisely  on  the  same 
terms."  II  est  stipule  quo  lorsque  1'Eveque  exigera  qu'un  indiviclu  soit 

4  Cf.  No.  220,  ad  note  5. 

5  Supra,  A,  1. 

'•  Cf.  No.  192,  K=. 


1026  No.  196,  G.     THE  MISSOURI  MISSION,    1823-1830  [VI 

retire  d'une  mission  le  Superieur  rcligieux  devra  le  rappeler  aussitot,  sans 
que  1'Eveque  soit  tenu  d'exprimer  ses  motifs.  Cela  est  juste ;  mais  il  doit 
y  avoir  reciprocite.  C'est  a  dire  que,  si  le  Superieur  religieux  a  des  raisons 
de  rappeler  un  de  ses  missionaires,  il  doit  pouvoir  le  faire  sans  obstacles. 
II  sera  tenu  d'en  prevenir  1'Eveque,  mais  il  ne  doit  pas  etre  oblige  de 
manifester  ses  raisons  dont  il  reste  seul  juge,  et  1'Eveque  ne  pourra  refuser 
son  consentement.  Cette  reciprocite  est  evidemment  fondee  sur  la  justice 
et  sur  la  raison.  Benedict  XIV.  formulates  Hie  same  principle  in  his  Bull 
relative  to  the  English  Missions.  An  ample  return  of  thankx  to  Bishop 
Dubourg  for  his  action  in  thus  opening  the  Indian  missions  of  the  west  to  the 
Society,  and  congratulations  on  having  found  a  convenient  occasion  in  the 
circumstances  of  the  Maryland  mission.  The  General  will  endeavour  to 
further  the  despatch  of  Father  Barat  from  France. 

G.  1823,  November  27. 

Dubourg,  New  Orleans,  27  Nov.,  1823,  to  Rev.  F.  Nealc,  Superior  of  the 
Maryland  Mission. 

Expresses  his  gratification  at  the  General's  letter,  recently  come  to  hand. 
He  rehearses  the  contents.  He  is  quite  ready  to  make,  more  explicit  the  point 
mentioned  by  his  Paternity.  The  Propaganda  has  the  instrument  in  con- 
sideration just  at  present.  The  difficulty  arising,  I  suppose,  from  the  extent 
of  jurisdiction  I  was  willing  to  abandon  to  the  Society  will  be  adjusted 
between  your  Superiors  in  Rome  and  the  holy  Congregation  of  Propaganda. 
The  moment  we  receive  conclusive  information  from  that  quarter,  I 
will  execute  the  deed  for  the  farm  of  Florissant,  in  conformity  to  our 
agreement. 

I  would  also  feel  disposed  to  give  to  your  Society  two  beautiful  squares 
of  ground  in  the  city  of  St.  Louis,  and  to  help  in  the  erection  of  a  house 
for  an  academy,  as  a  preparation  for  a  college,  if  you  thought  you  could 
spare  a  couple  or  three  of  your  Maryland  brethren,  even  scholastics,  to 
commence  that  establishment ;  in  which  case  I  will  shut  up  the  one  that 
is  now  kept  by  some  of  my  Priests  on  the  Bishop's  premises.  He  proceeds 
to  offer  the  furniture  of  his  little  college  and  all  its  appurtenances  ;  as  also 
$300  towards  the  expenses  of  the  journey  from  Maryland.  He  stipulates  for 
the  personal  attendance  of  Jesuits  at  solemn  functions  in  his  cathedral.  They 
will  have  a  church  of  their  own  in  due  time,  at  the  new  college.  A  superior 
promised  by  the  General  for  Missouri.  Father  Barat.  Bishop  Dubourg 
announces  the  appointment  of  his  coadjutor,  Dr.  Rosati,  Superior  of  the 
Lazarists,  who  professes  to  yr  Society  the  same  respect  and  affection  as 
myself.  Directions  for  a  letter  of  ansiver  on  the  subject  of  the  college. 

Endorsed  by  Father  Francis  Dzierozynslei,  the  new  Superior  in  Maryland  : 
Accepi  27  Januarii,  1824. 


§  1 6]  No.  196,  H-L.     THE  MISSOURI  MISSION,    1823-1830  1027 

H.  (1824,  1825.) 

Note  (1824  or  1826]  on  the  Missouri  property,  in  B.  Femoick's  hand. 
Property  of  the  Society  formerly   belonging   to   the   Bishop   of  New 
Orleans,  in  Missouri. 

1.  The  farm  at  Florissant,  healthy  and  fertile,  with  good  water. 

2.  The  church  at  St.  Ferdinand,7  about  a  mile   and  a  half  from  the 
house  on  the  farm,  together  with  the  adjoining  ground.     The  pews  rent 
for  $300. 

3.  A  lot  in  the  village  about  two  arpens,  with  a  house  on  it,  renting  at 
the  rate  of  $5  per  month. 

4.  A  frame  house  near  the  above  church. 

Trustees  Churches. 

1.  St.  Charles,  16  miles  from  St.  Ferdinand. 

2.  Portage  des  Sioux,  a  considerable  village,  9  miles  from  the  above. 

3.  Dardennes,  30  miles  D? 

4.  Aux  Cotes  sans  dessein,  100  miles  D? 

Adjoining  the  Church  at  St.  Ferdinand  is  the  Convent  des  Dames  du 
S.  Coeur. 

J.  1824,  June  6. 

Van  Quickeriborne,  Florissant,  6  Jane,  1824,  to  the  General. 

A  new  proposal  fromSisJtop  Dubourg,  to  start  a  mission  in  Lower  Louisiana. 
"  Near  New  Orleans  he  has  acquired  certain  lands,  and  to  these  he  will  add 
others,  preparing  us  a  place  for  a  boarding-college.  He  is  truly  most  friendly 
to  us,  as  is  also  Dr.  Rosati,  ivho  has  just  been  consecrated  Bishop  Coadjutor." 

K.  1824,  June  22. 

Bishop  Joseph  Rosati,  Coadjutor  of  Dubourg,  St.  Mary's  Seminary, 
Perry  Co.,  Mo.,  22  June,  1824,  to  the  General  of  the  Society. 

A  prcss'imj  letter  to  the  General,  commending  with  equal  earnestness  the 
Indian  missions  and  the  St.  Louis  establishment. 

L.  1824,  December  28. 

Rosati,  Bisliop  Coadjutor  of  New  Orleans;  Odin,  S.C.M.  Secretary;  28 
Dec.,  1824.  Appointment  of  Van  Quickeriborne  as  Vicar  General  of  Upper 
Louisiana. 

Kos,  de  probitate  .  .  .  Rev.  P.  F.  Van  Quickenborne,  S.J.  Sacerdotis, 
plurimum  in  Domino  confidentes,  .  .  .  ilium  Vicariuin  Geiieralem  pro  hac 
Superior!  parte  Dioecesis  nostrae  curae  specialiter  commissae  facimus  et 
coustituimus  .  .  .  Datum  ex  aedibus  Seminarii  S1?6  Mariae  .  .  .  28  Dec., 
1824. 

7  In  t)ie  toion  or  village  of  Florissant. 


1028          No.  196,  M,  N.     THE  MISSOURI  MISSION,    1823-1830  [VI 

M.  1826,  May  2. 

Van  Quiclcenborne,  Florissant,  2  Mat/,  1826,  to  the  General. 

On  Bishop  Dubourg's  intended  voyage  to  Europe.  "He  offers  to  us,  and 
he  will  speak  about  it  to  your  V.  Rev.  Paternity,  a  farm  of  200  acres  situated 
at  Opclusas,  in  Lower  Louisiana.  He  icishes  to  assiijn  to  the  Society  some 
entire  district,  as  much  as  he  gave  us  here."8 

N.  1830,  September  9. 

Van  Quickenborne,  Florissant,  9  Sept.,  1880,  to  the  General. 

Returning  at  this  date,  in  1880,  to  the  matter  of  the  original  Concordat, 
Van  Quiclcenborne  remarks  that  lie  has  never  heard  whether  it  was  approved 
bij  the  Sovereign  Pontiff.  "  Bishop  Dubourg,  when  he  was  here,  told  me  he 
thought  that  the  Propaganda  stood  in  the  way.  The  actual  Bishop,  Mgr. 
Rosati,  a  man  eminent  for  learning,  prudence,  virtue,  and  highly  esteemed  in 
Home  as  is  clear  here  from  the  issue  of  his  undertakings,  adheres  to  the  com- 
pact ;  and  desires  that  religious  communities  should  have  their  own  districts, 
where  they  can  work  according  to  their  own  institute  in  the  vineyard  of  the 
Lord  ;  and  he  offered  himself  to  obtain  for  me  the  confirmation  of  the  contract 
from  the  Sovereign  Pontiff."  Would  his  Paternity  then  please  intimate  what 
is  to  be  done  in  the  matter.  "  Bishop  Dtibourg  observed  the  conditions  well 
enough  ;  and  the  present  Bishop  perfectly ;  not  so  ourselves,  albeit  with  the 
approval  of  the  Bishops  Dubourg  and  Rosati.  I  say,  that  the  former 
observed  them  well  enough  ;  he  failed  in  one  point ;  but  he  made  up  for  it  as 
quickly  as  he  could." 

Description  of  the  district  assigned  to  the  Jesuits :  "  The  whole  of  it  is  in 
the  State  of  Missouri."  Extent  of  that  district,  with  a  roughly  sketched  map  : 
13  stations  marked,  the  most  distant  being  "  12.  Place  for  an  Indian 
establishment,  240  miles  "  away,  on  the  Osage  River. 

"  It  begins  at  the  spot  where  the  Missouri  floivs  Into  the  Mississippi,  or 
rather  the  Mississippi  into  the  Missouri,  distant  from  Florissant  eight  or  ten 
,i' Hi's;  then  it  extends  westward  to  the  head  of  the  same  River  Missouri." 
The  day  before  yesterday  our  Bishop  \Rosati]  told  me  that  he  desired  much 
to  have  the  Society  take  charge  of  the  districts  lying  on  the  right  bank  of  the 
Mississippi,  beginning  at  the  confluence  mentioned  above,  and  extending 
northwards  thence  as  far  as  the  limits  of  this  State,  that  is,  about  250  miles." 

General  Archives  S.J.,  Missour.,  Epist.,  1,  ii.,  Concordat,  19  Mar.,  1823, 
between  Dubourg  and  C.  Neale ;  the  original  instrument  (in  B.  Fcnivick's  hand) 
with  authentic  signatures,  a  Latin  copy  authenticated  by  Dubourg,  and  a  copy 
in  English  by  Van  Quickenborne.  Ibid.,  B.  Fenwick,  Mount  Carmcl  (Porto- 
bacco),  6  May,  1823,  to  the  General.  Ibid.,  1,  iii.,  Van  Quickenborne,  6  June, 
1824,  to  the  General.  Ibid.,  J.  Rosati,  of  the  Congregation  of  'the  Mission, 

8  The  General,  Father  Fortis,  underscores  this  last  clause.     The  territory  already 
assigned  to  the  Fathers  in  Upper  Louisiana  was  no  less  than  the  whole  range  of  the 
Missouri  River ;  and  250  miles  in  length  on  the  right  bank  of  the  Mississippi  were 
to  be  added.     See  infra,  N. 

9  A  range  of  2200  miles  by  river. 


§   1 6]  No.  196.     THE  MISSOURI  MISSION,    1823-1830  1029 

Bishop  of  Tenagra  and  Coadjutor  of  New  Orleans,  22  June,  1S24,  to  the  General. 
Ibid.,  Van  Quickenborne,  2  May,  1826,  to  the  General.  Ibid.,  1,  i.,  same  to 
same,  9  Sept.,  1830.— Ibid.,  Epist.  B.  P.  N.  Fortis,  Lib.  i.,  pars  1,  No.  149,  the 
General,  25  July,  1823,  to  Dubourg. — Missouri  Province  Archives,  1823,  Apr.  10, 
A.  Marshall's  assignment  of  six  negroes  to  Van  Quickcnbornc ;  in  bundle  of 
letters,  inscribed  Nr  1st  (apparently  by  Do  Smet).  Ibid.,  1824,  Dec.  28,  Bosati's 
appointment  of  Van  Quickcnbornc  as  Vicar-General;  a  long  formula,  1  p.  4to. 
— Md.-N.  Y.  Province  Archives,  21,  McElroy's  Missouri  Papers,  Concordat,  19 
Mar.,  1823 ;  original  (in  B.  Fenwick's  hand)  with  authentic  signatures.  Ibid., 
(B.  Fenwick's)  original  draft  of  same,  with  corrections  and  erasures,  and 
inscribed  a  true  copy.  Ibid.,  Dubourg' s  original  bond,  25  Mar.,  1823,  to  deliver 
over  a  farm  at  Florissant ;  2  pp.  fol.  Ibid.,  Dubourg's  explanation,  Georgetown, 
D.C.,  25  Mar.,  1823,  of  the  foi-egoing  bond.  Ibid.,  Dubourg,  New  Orleans, 
27  Nov.,  1823,  to  Rev.  F.  Neale,  the  Jesuit  Superior,  Portobacco,  received  by 
Dzicrozynski,  27  Jan.,  1824;  3  pp.  4to.  Ibid.  (1824  or  1825),  note  on  the 
Missouri  Jesuit  property,  in  the  hand  of  B.  Fenwick  (ivJio  became  Bishop-elect 
of  Boston  in  August,  1825). 


SECTION    VII 
CRITIQUE   AND    SEQUEL 

§  17.  DOCUMENTS  IN  THE  PROPAGANDA,  ETC. 

Tl\c  Critique  contained  in  this  Section  consists  chiefly  in  showing  from 
a  scries  of  documents  the  development  of  a  controversy,  which 
occupies  so  prominent  a  position  in  Section  III.  This  development, 
in  proportions  altogether  beyond  the  range  of  any  one's  prevision, 
would  seem  to  have  been  the  result  of  co-operating  agencies,  which 
indicated  to  Mgr.  Marcchal  at  different  stages  still  further  steps 
or  measures  to  l>e  taken.  From  a  simple  desire  of  his  for  a 
mensal  provision,  and  some  views  which  he  entertained  about  his 
episcopal  rights  over  regulars,  there  arose  a  contention  affecting  all 
the  property  of  the  Jesuits  under  the  aspect  of  ownership,  and 
their  whole  religious  status  under  that  of  jurisdiction.  Marcchal 
was  led  to  exemplify  Livy's  dictum:  "Bella  ex  bcllis  seri'  War 

j.       t/  »_/  */  * 

sowing  ivar ;  and  Shakespeare's :  "  The  end  of  it  unknown  to 
the  'beginning." 

The  Sequel  is  of  consequence,  since  it  contains  the  process  by  which  the 
Maryland  Jesuits  passed  into  history  as  having  appropriated 
lands  which  belonged  to  other  people,  and  as  even  not  being  Jesuits 
at  all,  but  a  kind  of  broken  limb  barely  hanging  on  to  the  Society. 
Tliis  ultimate  result,  not  to  mention  other  features  of  the  con- 
troversy, shows  that,  whatever  they  gained  in  maintaining  their 
rights,  they  lost  in  reputation,  and  that  they  might  have  been 
much  wiser  in  desisting  from  contention  at  an  early  stage,  even  at 
their  own  cost.  So  the  General  Father  Fortis  had  enjoined  them 
to  do.  So,  nearly  two  hundred  years  before,  Father  Copley  had 
done,  in  yielding  to  Cecil  Lord  Baltimore ;  and  the  General  Father 
Vitelleschi  had  enjoined  it  as  far  as  his  own  power  extended, 
leaving  what  was  beyond  to  the  action  of  higher  authorities,  and 
to  Lord  Baltimore  himself?-  The  line  of  conduct  pursued  by  the 
Maryland  Jesuits  was  distinctly  at  variance  ivith  a  policy  already 

1  History,  I.  532,  ad  note  13 ;  558.     Documents,  I.  No.  6,  G,  H,  K,  N,  0,  B,  T. 


§  17]  No.  197.     CIVIL  AND  ECCLESIASTICAL    TENURE          1031 

explained  in  another  place,  that  of  foreseeing  the  lengths  to  which 
others  may  go,  and  of  withdrawing  from  the  contest  in  good  time 
if  one  does  not  wish  to  stand  all  the  consequences? 

The  limits  of  space  not  admitting  the  fidl  text  of  many  letters  and 
documents,  nor  even  ample  excerpts  out  of  them,  it  will  be  sufficient 
in  divers  instances  to  trace  the  course  of  events  with  the  help  of 
abstracts  or  indications. 

No.  197.  1549-1825. 

Civil  and  ecclesiastical  tenure :  use  and  meaning  of  the  terms  in 
Marechal's  controversy  with  the  Jesuits.  Civil  or  civic  property, 
in  European  jurisprudence,  is  conceived  to  be  such  as  falls  within 
the  cognizance  of  civil  or  common  law,  because  it  is  the  property  of 
citizens,  is  for  secular  uses,  or,  if  intended  for  pious  purposes,  is 
only  private  property  which  is  completely  at  the  disposal  of  the 
owner,  and  can  ~be  used  or  alienated  by  him  as  he  chooses.  Thus 
ill  e  private  property  of  an  ecclesiastic,  whether  used  for  pious  or 
for  other  purposes,  is  civic  in  its  nature.  Ecclesiastical  property 
is  that  which,  for  pious,  charitable,  or  educational  purposes,  has 
come  under  the  jurisdiction  of  the  Church ;  it  pertains  in  legal 
phrase,  as  Lord  Chief  Justice  Coke  stated,  to  the  ecclesiastical 
forum ; l  anil  it  cannot  be  relieved  of  its  ecclesiastical  character, 
or  be  alienated  for  secular  purposes,  except  by  ecclesiastical 
authority.2  It  has  been  a  fixed  principle,  that  whatever  a 
regular  acquires,  a  man  of  religion,  as  Coke  styles  him,  is 
acquired  for  the  Order  to  which  he  belongs  :  Quidgwid  monachus 
acquirit  monasterio  acquirit?  By  that  fact  it  is  subject  to  the 
essential  laws  of  religious  life,  and  it  comes,  like  the  religious 
institute  itself,  under  canonical  jurisdiction.  It  is  in  a  strict 
sense  ecclesiastical. 

In  the  legislation  of  the  United  States,  a  double  jurisdiction,  and  a 
twofold  character,  civil  and  ecclesiastical,  found  no  place.  Hence 
a  new  situation  arose  with  respect  to  civilly  incorporated  property 
like  that  of  the  Jesuits.  The  exclusion  of  any  legal  recognition 
for  ecclesiastical  rights  as  such  would  seem  to  have,  confused  the 
minds  of  men  like  Carroll  and  Kohlmann,  who  were  otherwise 
clear  thinkers.  And,  going  back  to  times  antecedent,  when  the 

2  History,  I.  73. 

1  Ibid.,  I.  584.     Cf.  ibid.,  592,  ad  note  1. 

-  Cf.  ibid.,  599.     Documents,  I.  No.  6,  G,  H,  N,  E. 

3  Cf.  History,  I.  580,  ad  notes  7,  8. 


1032  No.  197.     CIVIL  AND  ECCLESIASTICAL    TENURE  [VII 

Federal  legislation  did  not  yet  exist,  Kohlmann  argued  that, 
because  English  statute  law  had  not  recognized  Catholic  ecclesiastical 
rights  as  suck,  therefore  not  even  from  the  beginning  had  the 
property,  held  by  the  Jesuits  in  colonial  times,  been  in  its  nature 
ecclesiastical* 

Charles  Neale  put  the  question  to  Marcchal :  Is  the  property  civic  or 
ecclesiastic  ? 5  Marechal  answered :  "  The  property  of  the 
Corporation  is  in  a  strict  sense  ecclesiastical."  He  gave  three 
reasons ;  but,  if  any  of  these  were  true  or  exact,  no  one  of  them 
was  conclusive  to  prove  the  ecclesiastical  character.  "  1.  Prince 
Baltimore  and  other  pious  donors  consecrated  it  [the  property]  to 
the  divine  worship."  He  should  have  added,  in  order  to  make 
the  argument  good,  that  the  intention  of  such  persons  was  effectual 
in  giving  the  property  to  the  Society,  whereby  it  became  ecclesiastical ; 
but,  as  he  everywhere  contended  that  the  Society  had  never  become 
effectually  the  owner  of  the  properly,  the  intention  of  the  siqjposed 
donors  must  have  been  nugatory. 6  "2.  The  Jesuits  themselves, 
civil  possessors  according  to  the  tenor  of  the  Maryland  charter, 
declared  under  oath  before  magistrates  that  the  property  was 
destined  for  religious  and  pious  uses."  The  private  property  of 
an  ecclesiastic  could  be  the  subject  of  such  a  declaration.  "  3.  The 
Senate  of  Maryland  decreed  that  it  should  be  applied  to  the 
maintenance  of  the  Roman  Catholic  clergy  in  Maryland." 7 
The  decree  of  a  senate  or  parliament  does  not  make  property 
ecclesiastical,  least  of  all  in  the  American  Union. 

Premising  that  the  inhibition  to  alienate  property  without  the  authoriza- 
tion of  the  Apostolic  See  is  correlative  with  the  ecclesiastical  character 
assumed  by  the  property,8  the  state  of  the  question  and  its  decision 
will  be  made  apparent  under  the  two  following  heads  :  A. 
authoritative  statements,  acts  or  prohibitions,  showing  the  pur- 
chases of  the  Jesuits  to  have  been  strictly  ecclesiastical ;  B.  the 
diverging  language  and  practice  in  Maryland,  under  the  Federal 
Government. 

4  Infra,  B,  11. 

5  No.  124,  B,  p.  489;  and  ibid.,  note  7. 

6  Thus  Kenney  discussed  the  nature  of  the  Corporation 's  title  to  the  New  York 
Literary  Institution,  and  inferred  that  it  had  never  been  possessed  by  the  Society, 
and  therefore  ivas  not  subject  to  ecclesiastical  laws.     See  No.  181,  A,  [/.]. 

7  No.  124,  C,  (99),  p.  489. 
3  Cf.  No.  150,  B. 


§  17]         No.  197,  A.     CIVIL  AND  ECCLESIASTICAL    TENURE        1033 

A.  1549-1825. 

Ecclesiastical  character  of  the  property. 

1.  1549,  Oct.  18.     Paul  TIL,  in  the  Bull,  Licet  debitum,  confirming 
the  Society  of  Jesus.     Authorization  to  accept  property  of  any  kind  ;  and  the 
application  of  all  such,  and  its  appropriation  in  perpetuity  is  sanctioned  by 
Apostolical  authority.     See  No.  61,  A. 

2.  1641,  Nov.  17.      The  Provincial  Knott  to  Itosetti,  in  his  Observation* 
on  Cecil  Lord  Baltimore's  Points.     Obs.  10  :  "  Since  the  property  which  they 
[the  Jesuit  missionaries  in  Maryland]  take  possession  of  assumes  at  once  the 
character  of  ecclesiastical  property,  it  seems  that  they  cannot  resign  it  without 
prejudice  to  the  Church."     See  No.  16,  Notandum  10",  p.  171. 

5.  1643-1647.  TJie  Generals  Vitelleschi  and  Carrafa  on  the  claims  of 
Lord  Baltimore  to  be  put  in  possession  of  the  Jesuit  land.  The  property 
acquired,  says  Vitelleschi,  seems  to  have  become  ecclesiastical  ;  and  nothing 
but  a  Papal  dispensation,  obtained  through  the  Sacred  Congregation,  can 
release  it.  But,  as  the  General's  own  power  can  be  exerted  over  the  fact  of 
acquisition  or  acceptance,  it  is  exercised  in  ordering  the  missionaries  for  the 
future  not  to  acquire  anything  except  in  the  manner  desired  by  Lord  Baltimore. 
'See  No.  6,  G,  H,  K,  N,  O,  R,  T. 

4.  1  759,  Apr.  2.   The  Provincial  Corbie's  Some  Heads    to  which  the 
Superior  in  Maryland,  by  the  advice  of  his  Consult,  in  case  of  difficulty, 
must  give  a  distinct  answer  to  the  Provincial  at  the  beginning  of  every 
year,   that  he  may  inform  the  General,   should  any   thing    require    his 
participation  or  knowledge.   ...   3°  If  any  alienation  of  land  be  at  any 
time  made  without  previous  leave  of  the  General,  and  for  what  reason.9 
4L:  .   .   .   (Md.-N.  T.  Province  Archives,  1759,  Apr.  2  ;  contemporary  copy,  if 
not  original,  attached  to  Corbie's  Ordinations  and  Regulations  for  Mary- 
land, Apr.  2d.  1759.) 

5.  1771,  Oct.  Petition  in  the  name  of  G.  Hunter,  Superior  of  the  Mary- 
land Mission,  to  the  Governor  of  Maryland,  B.  Eden,  Esq.,  for  the  laying 
out  of  a  town,  Edenburgh,  on  an  estate  belonging  to  the  former.     The  Petition 
affirms  that  Hunter  holds  the  said  land  in   right  of  the  Roman   Catholic 
Church.     See  No.  81,  B,  p.  282. 

6.  1806,  Feb.    22;    1821,   June    18.    Letters  patent  of  the   Generals, 
appointing  respectively  Molyneux  and   C.   Neale  Superior  of  the   Mission. 
Authority  to  alienate  is  withheld.     See  No.  118,  note  26. 

7.  1812,  July  9.   Carroll  to  Grassi  characterizes  the  incorporation  of  the 
estates  as  the  transfer  of  the  ecclesiastical  property  to  a  body  corporate 
from  the  hands  of  individuals,  who  might  have  appropriated  much  of  it  to 
themselves.     See  No.  178,  Y. 

8.  1815,  Feb.  21.     Carroll  to  Grassi  speaJcs  of  the  preservation  of  the 
property,  which  formerly  did,  and  now  again  does,  belong  to  the  Society. 
See  No.  113,  Q,  p.  375,  ante  med. 


3  Of.  infra,  A,  9-12.      The  alienation,  in  gucaLion  affects  not  merely  the.  Society's 
rules,  but  canonical  laws. 

VOL.    I.  3   X 


1034        No.  197,  A.     CIVIL   AND  ECCLESIASTICAL    TENURE  [VII 

9.  1818,  May  8,  The  General  BrzozowsJci  to  KoJtlmann,  Superior  in 
Maryland,  on  the  proposal  of  the  latter  to  alienate  property.  The  General's 
power  in  the  matter  of  alienation  is  derived  in  the  first  instance  from  the 
Sovereign  Pontiff,  Gregory  XIII.,  subject  to  the  limitation  that  any  such 
alienation  must  be  "  unto  the  evident  utility  of  the  Society."  lu  The  Bull  of 
Restoration  (Pius  VII.)  seems  to  place  the  Society  on  the  footing  which  it  had 
under  Paul  III.,  prior  to  Gregory  XIII.  Hence  the  General  considers  that 
he  must  apply  now  for  a  distinct  authorization  to  that  effect  : 

.  .  .  Je  desire  vous  dormer  en  consequence  les  pouvoirs  necessaires 
pour  executer  les  determinations  qui  seront  prises  fipres  une  mure  delibera- 
tion. Mais  il  faut  remarquer  que  le  pouvoir  qu'a  le  General  lui-meme 
d'aliener  les  biens  immeubles  est  fonde  sur  la  Bulle  de  Gregoire  XIII., 
Apostolicae  Sedis,  et  que  tous  les  privileges  qui  nous  ont  ete  accordes 
posterieurement  a  Paul  III.  peuvent  nous  etre  contestes  du  inoiiis  in  foro 
externo,  puisque  la  Bulle  de  notre  retablissement,  prise  a  la  rigeur,  ne 
remet  la  Conipagnie  que  sur  le  pied  oil  elle  etoit  sous  ce  Pontife ;  il  est 
done  necessaire  d'obtenir  une  nouvelle  autorisation  du  Saint  Siege,  et  je 
vais  ecrire  a  Eome  a  cet  effet.  II  ne  faut  done  rien  decider  avant  le 
retour  du  Pere  Grassi  en  Amerique,  dont  je  desire  que  vous  preniez  aussi 
1'avis,  1'ayant  constitue  procureur  par  ma  lettre  du  17  Fevrier. 

II  faut  remarquer,  en  second  lieu,  que  1'alieuation  ne  doit  se  faire  que 
in  evidentem  utilitatem  Societatis,  et  que  par  consequent  elle  demande 
1'unanimite  morale,  ou  du  moins  la  grande  majorite  des  suffrages  de  ceux 
qui  sont  en  etat  de  juger  de  cette  utilite,  et  qui  seront  appeles  a  douuer 
leur  avis.  .  .  .  (General  Archives  S.J.,  Epist.  Vic.  Gen.  in  Eussia,  1810- 
19,  under  date.) 

10.  1819,  Dec.  4.  The  General  Brzozoivski  to  Grassi,  Eome.  He  had 
asked  Grassi,  12  May,  1818,  to  obtain  for  the  Society  in  North  America  the 
faculty  of  alienating  property  moveable  and  immoveable,  for  the  reasons 
assigned.  He  had  desired  the  same  to  be  obtained  for  "  these  northern  parts 
of  Europe,  from  which  it  is  as  difficult  at  times  to  have  recourse  to  Home,  as 
it  is  from  America."  A  faculty  to  that  effect  has  now  been  returned  for 
Russia  ;  but  not  a  word  in  it  about  America.  The  necessary  correction  to  be 
made  by  a  new  application  to  the  Sovereign  Pontiff  for  the  faculty  granted 
formerly  by  Gregory  XIII.  and  Urban  VIII.  : 

Duodecima  Maii  anno  1818  scripsi  Ea.e  Va.e,  et  commendavi,  ut  pro 
nostris  qui  sunt  in  America  foederata  peteret  a  S.  Pontifice  facultateni 
alienandi  bona  turn  immobilia  turn  mobilia,  ob  rationes  quas  turn  recensui. 
Ad  finem  ejusdem  epistolae  commendavi  praeterea,  ut  eaindem  facultatem 
impetraret  etiam  pro  his  Europae  partibus  septentrionalibus,  e  quibus 
recursus  quandoque  Eomam  non  minus  est  difficilis  quam  ex  America. 

10  The  power  of  alienation,  communicable  to  Provincials,  Visitors,  and  Com- 
missaries, is  among  the  Faculties  for  the  Indies,  of  which  the  General  Vitellcschi  sent 
a  copy  to  the  English  Provincial,  Father  Blount,  for  use  in  Maryland.  See  History, 
I.  267. 


§  17]          No.  197,  A.     CIVIL  AND   ECCLESIASTICAL    TENURE        1035 

Per  erroreni  factum  est,  ut  tota  facultas  impetrata  pro  Russia  fuerit,  ne 
verbo  quidem  uno  dicto  de  America,  cum  tamen  pro  ilia  mundi  parte 
priinario  petierim.  Displicet  uiihi  valde  error  iste,  praesertim  ob 
Sanctissimuui  Pontificern,  cui  molestiam  nullam  creare  vellern,  et  tamen 
supplicationem  repetere  debeo.  Displicet  2'!o,  quod  Legatus  Eossiacus 
facultatern  hauc  legaliter  scriptam  viderit.  Quid  si  ad  suarn  rem  [?] 
deferat  ?  Quanta  hinc  vexationum  pro  nobis  materia  et  seges  ?  Corrigat 
Ea.  Va.  errorern.  Petat  a  Summo  Pontifice  facultatem  olim  jam  a  Gregorio 
XIII.  et  ab  Urbano  VIII.  concessarn,  qua  nostri  in  America  £oederata(a) 
licite  possint  bona  turn  imrnobilia  turn  mobilia  alionare,  ad  Dei  gloriam  et 
Societatis  levamen  et  pacem.  Brevissimum  sine  formulis  juris  scriptum 
in  hanc  rem  sufficeret,  quod  K!  V"  I1!  Kohlmann  prima  secura  navi 
transmitters  velit  et  me  informare.  (General  Archives  S.J.,  Epist.  Vic. 
Gen.  in  Kussia,  1810-19,  under  date.) 

11.  1822,  Feb.  4.      The  General  Fortis  to  Marechal.     Canonical  laws 
prohibit  such  alienation  of  property  as  was  attempted  iu  the  agreement  between 
the  Superior,  Molyneax,   and  Bishop   Carroll.       A  previous   consent  of  the 
General  for  alienation  had  always  been  required  in  Maryland,  whether  by  a 
general  authorization  or  for  particular    <vj.srx.     His    authority  for    this    is 
derived  from  the  Apostolical  See.     See  No.  116,  D,  §§  18-20  ;  No.  124,  C, 
note  7.      Tills  passage  of  the  General's  letter  answers  Marechul's    contrary 
affirmation,  noted  infra,  B,  8. 

12.  1820.   The  Visitor,  Kenney's  Ordinance  on  Temporalities.     He  says 
that,  as  the  Society  iu  this  Mission  of  the  United  States  has  entered  into 
the  possession  of  the  property,  which  the  ancient  American  Fathers  have 
so    wisely    secured    and    the    present    Fathers    with    so    much    zeal    and 
constancy  have  preserved,   there  no   longer  exists  in   this    country    any 
authority  that  can  conscientiously  alienate  any  part  of  it.     See  No. 
181,  A,  [/.]. 

13.  1824,  July   11  ;    1825,  Apr.   3,   May  1.      The   General  Fortis   to 
DzierozynsJci,  Superior  in  Maryland.     No  alienation  of  any  property  can  be 
effected  without  the  authorization  of  the  Sovereign  Pontiff;  he  is  not  aware 
that  Grassi  ever  obtained  a  general  faculty  in  that  respect  for  America  (1824, 
July  11).     As  to  selling  the  property  in  Philadelphia,  ecclesiastical  laws  are 
to    be    observed,    and    the  Society  not  to  suffer  detriment  (1825,   Apr.  o). 
Against   the   sale   effected  of  a  part  of  White   Marsh   one   reason  why  the 
General    condemns    it    is    that    "  the   property    (say    what    you    like)    is    an 
ecclesiastical   possession,    and    therefore    subject    to    the  jurisdiction    of  the 
Congregation  of  Bishops  and  Regulars,  from  which  Congregation,  in  order 
that  the  alienation  should  be   legitimate,  a   licence  had  first  to  be  sought  " 
(1825,  May  1)  : 

(1.)  1824,  July  11.  7.  De  venditionibus.  Firxt,  as  to  slaves:  the 
principle  and  the  precautions.  Secondly,  as  to  property  :  De  alienatione 
domus,  ecclesiae  vel  praedii  alicujus,  nihil  fieri  potest  sine  Pontince 

(a)  Valide  et,  cancelled. 


1036        No.  197,  B.     CIVIL  AND  ECCLESIASTICAL    TENURE  [VII 

Sumrno. — Fertur  hanc  facultatem  pro  America  obtentam  fuisse  a  P. 
Grassi  olim  ;  sed  nobis  non  cons  bat.  Itaque  de  hoc  alias  scribam 
absolute.  (General  Archives  S.J.,  Epist.,  R.  P.  N.  Fortis,  Lib.  I.  pars  1, 
No.  808.} 

(2.)  1825,  Apr.  3.  5'?  Quod  spectat  ad  venditioneru  domus  nostrae 
Philadelphiensis,  R*  V3.  faciat  et  servet  id  quod  praescribitur  per  leges 
ecclesiasticas,  et  ne  Societas  detrimentum  patiatur.  (Ibid.,  Epist. 
Vicariorum  et  Generalium,  1783-1825.) 

(3.)  1825,  May  1.  Ultimae  Rae  Ya.e  literae  magnum  mihi  dolorem 
attulerunt.  Iiitellexi  enim  ex  ipsis  vos  nee  prudenter  decernere  nee 
legitime.  Yendidistis  enim  et  abalienastis  partem  possessionis  White- 
marsh,  quae  possessio  adhuc  sub  judice  est.  Non  poteratis  in  re  primum 
controversa  disponere ;  secundum,  non  poteratis  per  vos  disponere ; 
possessio  enim  (dicite  quid  quid  vultis)  est  res  ecclesiastica,  atque  adeo 
subjecta  jurisdiction!  Congregationis  Episcoporum  et  Regularium,  a  qua 
Congregatione  petenda  primum  erat,  ut  legitime  id  fieri  posset,  licentia ; 
tertium,  in  infinitas  molestasque  quaestiones  nos  projecistis.  (Ibid., 
Epist.,  R.  P.  N.  Fortis,  Lib.  III.  pars  1,  No.  499.) 

The  foregoing  series  of  statements,  covering  nearly  two  hundred  years,  is 
sufficient  to  show  authentically  the  character  of  the  property, 
which  was  ecclesiastical.  The  idea  of  its  being  purely  civil,  and 
even  private  in  a  loose  sense,  arose  after  the  Suppression  of  the 
Society ;  though  no  one  implied  that,  being  civil,  it  was  also 
private  in  a  strict  sense,  so  that  the  holder  could  dispose  of  it  as 
he  chose.  This  latter  notion  does  occur  once,11  but  not  with  any 
holder  of  the  property,  which  was  regarded  as  sacredly  dedicated 
to  the  purposes  of  religion  and  piety. 

B.  (1782)-1823. 

Language  and  practice  in  Maryland  after  the  Suppression. 

1.  (1782.)      Carroll's  plan  of  organisation  for  the  preservation  of  the 
•property.     Referring   to   the   action  taken   by   the  English    ex-Jesuits    as    a 
precedent  for  Maryland,™  lie  speaks  of  the  common  rights  of  the  missioners 
[former  members  of  the  Society]  to  their  temporal  possessions,  to  which  as 
the  Bishop,    or  Pope  himself,  has  no  just    claim,  so    neither    can  they 
invest  any  person  or  persons  with  the  administration  of  them.     See  No. 
143,  A,  [r//.j,  ad  fin. 

2.  1788,  Sept.  26,  Carroll  to  Plowden.     He  repudiates  the  idea  of  any 
Roman   authorities   ever   (jetting  possession  of  a  sixpence  of  our  property 
here;  and,  if  any  of  our  friends  could  be  weak  enough  to  deliver  any 

11  Infra,  B,  7. 

'•-  For  tJie  action  taken  by  the  English  ex- Jesuits,  see  No.  150,  P-E2. 


§  1 7]          No.  197,  B.     CIVIL   AND  ECCLESIASTICAL    TENURE        1037 

real  estate  into  their  hands,  or  attempt  to  subject  it  to  their  authority, 
our  civil  government  would  be  called  upon  to  wrest  it  again  out  of  their 
dominion.  See  No.  144,  A. 

3.  1785,  Mar.  1.  Carroll  to  Card.  Antonelli.     "  Tliere  are  no  goods  here 
that    are  properly   ecclesiastical.       What   goes    to    maintain    the  priests    is 
possessed,  in  the  name   of  private  individuals,  and  is  transmitted  l>y  will  to 
heirs.     Such   was  the  policy   imposed   by  hard  necessity,  while  the   Catholic 
religion  here  was  hampered  by  the  laics.     Nor  has  any  remedy  been  discovered 
as  yet  for  this  inconvenience,  although  last  year  we  made  earnest  attempts 
[viz.  to  incorporate]."     See  No.  149,  E. 

4.  (1787,  Feb.)  Letter  of  Digges,  Ashton,  Sewall,  Boarman,  and  Carroll, 
to  the  members  of  the  Southern  District.    Pending  the  reversion  to  the  Society 
of  Jesus  if  ever  re-established,  the  property  is  absolutely  our  own ;  it  can 
be  used  for  pious  purposes  ;  and  the  Ordinary  is  secluded  from  all  share  of 
government  in  our  temporal  affairs.     See  No.  153,  B,  [/v.],  [AY.],  [J///.J. 

5.  1809,    June    2.    Carroll   to    Plowden.     On    the    subject    of  a   Jesuit 
property  question  in  Ireland  he  passes  a  criticism  similar  to  that  in  B,  2, 
supra.     See  No.  178,  V. 

6.  1818-1821.  Archbishop  Marechal  negotiating  with  F.  Neale  for  the 
transfer  to  him  of  diocesan  property,  left  in  trust  by  the  deceased  Archbishop 
L.    Neale,    distinguishes    therein    two    kinds,    one    ecclesiastical,    the    other 
apparently  not  so — Eutaw  St.  property  being  in  the  latter  category  (1821, 
Mar.  1,  to  F.  Neale).     He  desires  E.  FenwicJc  to  manage  so  that,  in  the 
instrument    to  be  drawn   up  by  F.  Neale,   these  words  be   omitted :  to  his 
Successors  in  the  See  of  Baltimore  (1810,  Feb.  4,  to  E.  FenwicJc).     Hence 
he  must  have  considered  some  trust  property  of  the  diocese  as  being  private  in 
some  sense,  to  be  used  without  reference  to  successors.     See  No.  184,  E-M. 

7.  1821,  Mar.  1.     Marechal  to  F.  Neale.     He  interprets  the  statement 
of  a  donation  having  been  made  to  a  missionary  of  the  old  Society  K  as  an 
assertion  that  the  property  ivas  left  to  the  said  Jesuit,  with  a  power  to  do 
with  it  what  he  pleased.    See  No.  181,  J,  ii.  I.14 

8.  1822,  Jan.  28.     Marechal  to  the  General.     He  refutes  the  General's 
statement  that  the  Carroll-Molyneux  agreement  was  invalid,  because  contrary 
to  the  "  canonical  rules  of  the  Society,"  by  affirming  :  "  It  is  an  indisputable 
fact  that,  for  a  hundred  years  and  more  past,  the  Superiors  of  the  Society  in 
our  America  have,  without  the  previous  consent  of  the  Superior  General,  made 
all  sorts  of  contracts  validli/,  for  instance,  have  bought,  sold,  lent,  borrowed, 
contracted  debts,  received  donations  and  very  rich  ones  too,  etc.,  etc."     See 
No.  116,  C,  p.  408.     This  affirmation  is  answered  by  the  General,  supra,  A,  11. 

9.  1822,  Sept.  17.     C.  Neale,  Superior,  to  Kohlmann.     The  laws  of  the 
country  do  not  permit  our  property,  or  the  property  of  any  citizen,  to  be 
taken  away  from  us  or  him  by  the  decision  of  any  foreign  court.     The 
General   himself,  I  believe,  has   not  the   power   to   do    it.       (Georgetown 
College  MSS.  and  Transcripts,  Marechal  Controversy  ;  under  date.} 

13  No.  84,  B.  "  C/.  No.  89,  F. 


1038        No.  197,  B.     CIVIL  AND  ECCLESIASTICAL    TENURE  [VII 

10.  1822,  Dec.  9.     G.  Neale  to  Marechal.      He  state*    flat   the  Suppres- 
sion of  the  Jesuits  placed  their  property  outside  of  ecclesiastical  jurisdiction  ; 
and  that,  in  any  case,  the  Act  of  civil  incorporation  had  changed  it  into  civic. 
See  No.  124,  B,  ad  (10),  (11). 

11.  1823,  Nov. -Dee.    Memorial  of  C.  Neale-B.  Fenwick  to  the  General, 
Nov.  22.     Sec  No.  184,  C.     Kohlmann,  DzierozynsJci,  to  the  same,  Dec.  5-28. 
See  No.   183,  A-F.     All  these  suppose  or  advance  the  proposition  that  the 
property  is  civil  in  its  nature.     In  particular,  the  clearest  argumentation  is 
the  following : 

Kohlmann,  Washington,  6  Dec.,  1822,  to  the  General,  Father  Fortis. 
Treatise  on  the  grounds  for  issuing  the  Papal  Brief.  His  definition  of 
"  ecclesiastical "  seems  to  be  restricted  to  the  idea  of  what  is  administered  by 
an  ordinary  episcopal  authority.  Cf.  No.  183,  A,  where  his  argument  is, 
as  Carroll's  Declaration  stated,  that  the  property  was  not  comprised  in  such 
as  Pins  VI.  had  committed  to  his  administration,  therefore  Carroll  acknow- 
ledged that  the  property  was  "  not  ecclesiastical."  15 

Demonstration  that  the  property  in  trust  with  the  Corporation  is  civil,  not 
ecclesiastical  : 

1.  Because  the  said  property,  though  possessed  previously  by  ecclesiastical 
persons,  was  held  by  them  only  in  a  civil  capacity.  2.  Because  the  Corporation 
which  hoJds  it  now  is  purely  civil,  consisting  of  persons  acting  only  in  a  civil 
capacitt/.  The  intention  of  testators,  or  the  fact  that  such  property  in  the 
hands  of  heirs  was  devoted  to  pious  uses,  does  not  alter  the  character  of  the 
goods,  as  if  they  could  be  appropriated  by  ecclesiastical  authority  for  the  general 
purposes  of  religion. 

In  the  further  development  of  the  argumentation,  Kohlmann  uses  distinctly 
phrases  to  the  effect  that  Fathers  of  the  Society  of  Jesus  acquired  dominium 
of  the  property ;  and  that  they  "became  as  perfectly  and  absolutely  owners, 
domini,  as  other  citizens  become." 

[Pp.  7,  8.]  Et  hie  fortassis  baud  abs  re  fuerit  aliquid  addere  circa 
naturam  hujus  corporations,  necnon  et  circa  naturam  bonorum,  quae  in 
ea  deposita  sunt.  Est  enim  cur  su.spicemur,  nee  Im  Arch1".11,  nee  Sacram 
Congregationem  ab  ipso  edoctam  rectara  de  hujus  corporationis  ejusdemque 
bonorum  natura  habere  ideam.  Ista  corporatio  depingitur  fortassis  ut 
Ecclesiastica  Institutio,  Ecclesiastica  pariter  ejusdem  bona  forte  censentur. 
Sed  quam  gratuit.o  haec  asseruntur,  cuilibet  consideranti  patebit  ex  mox 
dicendis.  Praedicta  coi'poratio  non  est  institutio  ecclesiastica,  sed  mere 
civilis ;  pariter  ecclesiastica  non  sunt  bona  quae  possidet,  sed  pi-orsus 
civilia.  Verurn  est  quod  ista  bona  ante  corporationis  erectionem  fuerint 
possessa  a  personis  ecclesiasticis,  sed  ex  hoc  nemo  sanae  mentis  inferet 
esse  necessario  ecclesiastica,  nisi  quis  contenderet  Ecclesiasticos  cessare 
esse  cives,  juriumque  civilium  esse  incapaces.  Bona  ista  utut  transinissa 
ab  ecclesiasticis  personis  sunt  mere  civilia ;  f  uerunt  enim  a  tempore 

13  Cf.  No.  139,  J,  where  Bescliter's  language  is  probably  to  be  explained  in  the  same 
way. 


§  17.1          No.  197,  B.     CIVIL   AND  ECCLESIASTICAL    TENURE        1039 

immemorial!,  aliqua  per  clucentos  ebiam  annos  a  patribus  Societatis  Jesu, 
non  qua  talibus,  non  qua  sacerdotibus,  sed  qua  civibus  Americanis  usque 
ad  corporationis  institutionem  possessa  et  per  legitima  testamenta  trans- 
missa,  baud  secus  ac  bona  temporalia  ab  aliis  civibus  possidentur  et 
transmittuntur. — Corporatio  itidein  est  institutio  mere  civilis.  .  .  . 

[Pp.  9,  10.]  The  question  of  pious  uses,  and  the  fact  that  tie  property 
has  been  so  employed. 

[Pp.  11,  12.]  Dixi  superius  :  qui  haec  bona  ab  initio  aequisierunt. 
Nam  sane  gravissimus  est  error  Arch!  arbitrantis,  pleraque  bona,  de 
quibus  agitur,  ab  initio  gratis  fuisse  donata  Societati  Jesu  a  piis  fidelibus. 
Circa  quod  observare  licet,  1"  quod,  licet  daretur  hanc  assertionem  tarn 
esse  veram  quam  est  reipsa  falsa,  non  videtur  quid  contra  legitimorum 
possessorum  jus  inde  sequi  possit ;  cum  omni  jure  constet  per  donationem 
absolutam  dominium  transferri  in  eos,  quibus  donatio  fit ;  ergo  cum  ista 
supposita  donatio  facta  sit  membris  S.  J.  eo  tempore  quo  pleno  vigore 
norebat  Societas,  haec  et  nemo  alius  illorum  bonorum  dominium  acquisivit ; 
et  cum  iideni  patres  S.  J.  haec  bona  sic  acquisita  transtulerint  in  toties 
jam  nominatam  corporationem,  haec  sola  et  nemo  alius  hoc  dominio 
gaudet. —  Sed  negamus  2?  assertum.  Bona  praedicta  non  dono  data,  sed 
vel  numerata  pecunia,  vel  per  legitimam  haereditariam  successionem 
(Whiternarsh  non  excepto),  vel  per  absolutam  concessionem  a  Gubernio 
primis  Americae  colonis,  praestitis  praestandis,  factam  originaliter 
acquisita  sunt.  Atqui  manifestum  est,  bona  sic  acquisita  nulla  affecta 
esse  conditioiie  seu  clausula,  qua  jubeantur  expendi  in  causas  pias.  Sunt 
mere  saecularia,  et  qui  ilia  acquisierunt  tarn  perfecti  et  absolute  eorum 
Domini  evaserunt  ac  evadunt  caeteri  cives,  dum  viis  a  jure  civili  appro- 
batis  bona  acquirunt.  Non  negamus  fieri  utique  potuisse,  ut  pii  illi 
patres,  primi  istorum  bonorum  possessores,  bona  sic  inconditionate  et 
civiliter  acquisita  fortassis  destinarint  ad  promovendum  religionis  bonum, 
sed  hoc  dicimus  1?  quod  ista  pia  intentio  non  possit  immutare  naturam 
istorum  bonorum,  nee  [5v]  destruere,  annullareve  ilium  primigenium 
titulum  seu  jus,  quo  fuerunt  acquisita,  adeo  ut  legitimi  illorum  possessores 
non  censeantur  amplius  eodem  jure  ac  titulo  ea  possidere,  quo  primum 
fuerunt  acquisita. — Demum,  ut  omnibus  tricis  obvietur  semper  et  pro 
semper,  asserimus  3",  quod  ex  primorum  possessorum  intentione  illud 
bonum  religionis,  ad  quod  promovendum  ista  bona  relicta  esse  dicuntur, 
promoveri  debeat  non  per  Ecclesiam  universim  spectatam,  non  per  hanc 
vel  illam  personam  aut  communitatem  indifferenter,  sed  per  illud  corpus, 
per  illam  communitatem  religiosam  Cleri  saecularis  vel  regularis,  pro  qua 
nominatim,  determinate,  ut  in  specie  primo  comparata,  dein  fideliter  con- 
servata  ac  transmissa  sunt ;  talis  autem  communitas,  pro  qua  corporatio 
ista  bona  in  custodiam  accepit,  ac  hie  et  modo  tenet,  non  est  alia  nisi 
Societas  Jesu,  ut  abunde  patet  ex  dictis.18 

16  This  treatise  of  Kohlmanris  is  continued  infra,  No.  199,  B.  (General  Archives 
S.J.,  Maryl.  Epist.,  6,  ii.,  Kohlmann,  Washington,  6  Dec.,  1822,  to  the  General ;  24 
pp.  4to,  very  heavily  imderlined.  Cf.  Nos.  180,  T,  note  52  ;  183,  B.) 


1040        No.  197,  B.     CIl>IL  AND  ECCLESIASTICAL    TENURE  [VII 

12.  1828,   Feb.   11.     Beschter    to    G.   Neale,  Superior.     He  rebuts    an 
obscurely  formulated  argument  of  adversaries,  that  the  professed  Jesuits 
cannot  hold  any  property  as  belonging  to  them,  therefore  the  property 
which   they   obtained  from   Lord  Baltimore,   at   the  destruction  of  the 
Society,  became  Church  property  ;  '"  and  that  those  who  had  it  in  trust 
secured  it  to  the  Church  by  the  Act  of  Corporation ;  that  Rome  therefore 
dispose  of  it  in  his  [MarechaFs]  favour.     See  No.  129,  B,  pp.  509,  510. 

13.  1823,  Apr.  23.      The  General  to  Father  Joseph  Tristram,  Rector, 
Stonyhurst,  England.     He  mentions  from  letters  of  the  American  Fathers, 
that  they  consider  their  property  to  1>e  civil,  not  ecclesiastical,  and  that  the 
Corporation  ivliicli  is  invested  witli  the  property  for  the  Society  lias,  in  fact, 
never  conveyed  it  to  the  Order.     Hence  he  declines  to  meddle  witli  the  case. 

De  rebus  Americanis  haec  scribo.  ...  4?  Americani  considerant  sua 
bona  non  ecclesiastica,  sed  civilia  tantum.  Cur  ego  in  civilibus  alterius 
status  [we]  immisceam  1  5n  Addunt  etiam  (quod  plane  a  me  nesciebatur) 
quod,  licet  bonorum  in  usu  sustentetur  illic  Societas,  tamen  bona  ilia  sunt 
propria  Corporationis,  et,  licet  obligata  ea  sit  Corporatio  tradere  Societati, 
tamen  haec  traditio  nunquam  adhuc  facta  est ;  et  profecto  non  existit 
vestigium  nee  magnum  nee  parvum,  quod  sub  antecessore  meo  vel  sub 
me  facta  fuerit.  Jam  haec  certissimi  facti  additio  me  omnino  excludit  ab 
corum  quacumque  defensione  aut  mitione  [!] (b).  Ipsa  domina  Corporatio 
sese  defendat.  .  .  . 18  Uli  supra,  A,  13,  (1)  ;  No.  107. 

14.  (7555.)     Analysis  made   in  Rome   of  the   American   letters,  Fogli 
giustificativi,  justifying  the  action  of  the  Maryland  Jesuits  in  not  executing 
the  Brief  regarding  White  Marsh.     As  the  conclusion  of  many  facts  respecting 
the  Corporation,  and  in  particular  of  the  circumstance  that  the  Trustees  have 
not  actually  conveyed  their  trust  to  the  Society,  the  analysis  states  that  "  the 
property  remains  still  secular,"  and  that  the  General  of  the  Society  "  cannot 
actually  exercise  any  right  over  it." 

2"  ...  Percio  i  fondi  restano  ancora  beni  secolari  anche  per  vigore 
di  disposizioni  testamentarie,  e  la  Compagnia  e  il  clilei  Preposito  General  e 
non  puo  attualmente  sopra  di  essi  esercitare  alcundritto.  3°  ...  See  No. 
198,  B,  2? 

The  last  passage  seems  to  afford  a  reasonable  explanation  of  the  question, 
and  to  extricate  it  from  confusion.  The  Americans  considered 
that  no  ecclesiastical  body  or  authority  as  such  could  "  exercise  " 
any  right  over  the  property.  TJie  persons  invested  with  the  trust 
held  it  in  an  exclusively  civil  capacity ;  and,  though  they  happened 
to  be  ecclesiastics  or  members  of  an  Order,  no  such  character  in 

(b)  An  error  of  the  amanuensis. 

17  Such  an  argument  agrees  in  its  premise  ivith  an  elementary  axiom,  and  in  its 
conclusion  ignores  the  same  :   Quidquid  monachus  acquirit,  monastcrio  acquirit. 

18  Cf.  No.  187,  A,  note  12,  Tristram  to  Kohlmann,  on  this  letter  of  the  General's. 


§   i;]  No.  197.     CIVIL    AND  ECCLESIASTICAL    TENURE  1041 

them  was  legally  recognized.  These  premises  were  true ;  but  they 
did  not  warrant  the  conclusion  that  the  property  was  not 
ecclesiastical .  Some  of  the  statements  made  ~by  the  Americans 
themselves  prove  that  it  was ;  because  they  show  that  it  had  been 
such,  and  none  show  that  it  ever  ceased  to  be  what  it  had  been. 

Kohlmann  in  his  argumentation  (B,  11)  appears  to  have  kept  his  eye 
fixed  on  Marechal' s  affirmation,  with  its  proofs  and  suppositions, 
that,  if  the  property  was  in  the  hands  of  ecclesiastics,  or  if  it  was 
meant  for  pious  purposes,  it  necessarily  passed  under  the  jurisdic- 
tion of  the  Church.  He  rejects  these  reasons  ;  for  the  Corporation, 
though  composed  of  ecclesiastics,  was  distinctly  a  civil  institution  ; 
and,  as  to  pious  purposes,  any  one  could  dedicate  his  goods  to 
such  uses  without  therefore  losing  any  particle,  of  his  right 
over  them. 

The  one  argument  which  would  have  served  Marechal  was  the  substantial 
fact  that  the  Society  of  Jesus,  a  regular  body  of  the  Church,  had 
made  the  acquisitions,  lohich  by  that  fact  had  passed  under  the 
jurisdiction  of  the  Church,  and  had  never  been  released  from  its 
ecclesiastical  character  by  the  authority  of  the  Church  itself.  But 
this  argument  Marechal  could  not  advance.  He  always  contended 
for  the  contradictory  proposition,  that  the  goods  in  question  had 
never  belonged  to  the  Society ;  they  were  intended  for  a  Church 
in  Maryland  distinct  from  the  Jesuits,  though  these  in  former 
times  had  been  the  only  ecclesiastics  there.19 

Kohlmann,  pursuing  the  argument  that  the  property  had  been  possessed 
by  the  Jesuits,  made  it  evident  that  it  had  been  possessed  by  the 
Society.  He  showed  that  the  Jesuits  were  owners,  domini.  So 
far  he  was  conclusive  against  Marechal.  But,  as  against  himself, 
he  was  equally  conclusive  to  the  effect  that,  if  the  Jesuits  were 
domini,  the  Society  was  domina,  as  in  one  place  quoted  he  expressly 
affirms?®  The  property  became  and  remained  ecclesiastical.  The 
accession  of  a  civil  title  might  impede  the  Church's  authority  ;  but 
it  was  a  title  merely  co-ordinated 

19  Cf.  No.  181,  J,  note  34. 

20  Supra,  B,  11 :  haec  et  nemo  alius  illorum  bonorum  dominium  acquisivit. 

21  Cf.  No.  150,  E2,  2?,  a  different  way  of  speaking  about  the  dominium  ;  where  an 
English  ex-Jesuit  says  that,  in  the  hypothesis  of  the  ex-Jesuit  body  (in  England)  being 
totally  destroyed,  laid  aside  and  not  permitted  to  act,  'tis  plain  the  Dominium  would 
be  in  the  Church  as  in  [the  case  of]  all  other  pious  foundations.     In  No.  221,  B,  ad 
note  7,  Father  Stone  makes  a  statement  analogous,  with  respect  to  Irish  property ; 
but,  as  the  antecedents  there  sliow,  the  case  is  so  far  different  inasmuch  as  part  of  the 
property  ivas  in  every  sense  private. 


1042  No.  198,  A.     LEGAL    TITLES  [VII 

No.  198.  1818-1824. 

Legal  titles  :  divergent  views.  Marcchal,  in  a  Diary  of  his  visitations, 
1818-1824,  makes  entries  about  the  Jesuit  possessions J  as  held  by 
a  legal  title,  the  implication  being  that  the  beneficiary  use  lay 
with  the  Ordinary  of  Baltimore  in  the  right  of  the  Cliurch.  An 
analysis  made  in  Rome  of  the  papers,  Fogli  giustificativi,  sent  by 
the  American  Fathers  at  the  end  of  1822,  supplies  the  necessary 
complement  to  the  idea  of  a  legal  title. 

A.  1818-1824. 

Marechal's  Diary,  April,  May,  1818.     Extracts. 

Newport  .  .  .  Mr.  Carey  [$.J".]  bought  about  700  acres  of  land  next 
to  the  church.  The  congregation  paid  better  than  half  the  money.  Mr. 
Carey  has  the  legal  title.  .  .  . 

Newtown  .  .  .  N.B.  They  say  that  New  Town  was  given  to  the 
Church  by  Mr.  W.  Brittain.2  .  .  . 

Frederick  Town.  Two  diagrams,  one  of  town  lots,  another  of  two  little 
farms  at  a  short  distance  off,  consisting  respectively  of  nine  acres  and  four 
acres.  A  note  is  added  to  the  first  diagram,  that  there  are  50  acres  wood- 
land, at  3  miles  distance."  Inscribed  on  the  first  diagram:  No.  2,  4  acres. 
The  whole  of  this  property  is  in  the  legal  possession  of  Rev.  Fr.  Neale. 
Other  items  are  noted  as  belonging  to  the  Corporation.  N.B.  The  church 
and  grave  yard  were  given  for  the  use  of  the  congregation.  The  houses 
and  gardens  together  with  the  lot  opposite  to  the  church  belongs  [!]  to 
the  Corporation.  There  is  besides  at  a  small  distance  a  lot  of  nine  acres 
and  another  of  four  acres  belonging  likewise  to  the  said  Corporation,  viz. 
1  and  2.  ... 

Ibid.,  1819. 

St.  Ignatius,  Harford  Co.  Notes.  The  church  and  graveyard.  The 
whole  was  deeded  to  the  Rev.  Charles  S[e]wall. 

The  plantation  on  which  the  priest  lived  has  been  sold  by  the  Jesuits. 
$3000  part  of  the  price  of  the  land  have  been  invested  in  stocks  of  the 
Bank  of  the  U.S.,  whose  dividend  is  perceived  by  the  incumbent.  A  plan- 
tation called  Arabia  Petraea  of  about  350  acres  belongs  to  the  Jesuits.1 

White.  Marsh.  .  .  .  N.B.  The  plantation  of  White  Marsh  was  given 
to  the  Church  by  James  Carroll. 

N.B.  It  is  said  that  Bohemia  plantation  is  composed  of  gifts  made  to 
the  Church;  1st.  by  two  poor  Irishmen  who  gave  the  first  track  [!]  of 
land  ;  2.  by  Mr.  Nowland  ;  31y.  by  Mr.  Heath.5  .  .  . 

1   Cf.  No.  139,  A,  note  4,  p.  582,  Dzicrosynski,  10  Nov.,  1S26,  to  the  General. 
"  Cf.  No.  26,  32. 

3  Cf.  No.  78,  note  6. 

4  Cf.  Nos.  12G,  B,  ad  note  1 ;  129,  A,  note  1. 

5  Cf.  No.  28. 


§17]  No.  198,  B.     LEGAL    TITLES  1043 

Ibid,  1824. 

June  .  .  .  St.  luigoes.  5th.  Read  old  manuscripts.  Thomas 
Copley  kept  about  8000  acres  out  of  28,000  for  the  Society.  He  took  up 
St.  Inigoes,  St.  George's  Island  and  400  acres  of  town  land  about  St. 
Mary's,  which  were  granted  to  Ferdinand  Pulton  for  19  servants  im- 
ported (Lib.  F.,  folio  61,  62,  63,  in  1637).  But  he,  not  being  naturalized, 
etc.  Here  the  Diary  contains  a  nummary  of  what  follows  in  the  manuscript, 
ax  given  supra,  No.  24,  pp.  201-203. fi 

B.  (1823.) 

Analysis  made  for  the  General  in  Borne  of  the  papers  sent  by  the 
American  Fathers,  Nov.— Dec.,  1822''  The  legal  title  of  the  Corporation, 
which  holds  for  the  benefit  of  the  Societi/,  but  has  not  yet  conveyed  the 
property  to  the,  beneficiary.  The  General  cannot  exercise  any  right  over  the 
trust  so  held  ;  nor  is  the  Corporation  free  to  alienate  in  favour  of  any  other. 
The  only  line  of  action  which  tin'  General  can  pursue  is  to  exhort  or  command 
those  under  his  authority  to  remain  passive,  whatever  measures  the  archbishop 
may  think  fit  to  talse. 

DalPesame  fatto  dei  Fogli  giustificativi  spediti  dai  Religiosi  della 
Compagnia  di  Gesu  dimoranti  nella  missione  del  Maryland  mi  pare,  che 
risulti  ad  evidenza  : 

1?  Che  1'attuale  Arcivescovo  non  ha  alcun  diritto  di  appropriarsi  i 
fondi  ritenuti  dalla  Corporazione  detta  del  Clero  del  Maryland. 

2?  Che,  quantunque  detta  Corporazione  (meno  uno  o  due  individui) 
sia  ora  composta  di  Gesuiti,  nondimeno  i  beni  dai  medesimi  ritenuti  non 
possono  considerarsi  come  beni  di  dritto  della  Compagnia  di  Gesu  : 
giacche  restano  sotto  1'alto  dominio  di  quel  Governo  che  istitui  tal 
Corporazione :  perche  dagli  amministratori,  dai  quali  si  e  giurato  d'usare 
ogni  diligenza  per  fame  la  consegna  alia  Compaguia  qualora  fosse  cola 
ripristinata,8  ci6  non  si  e  fatto  :  e  vi  saranno  state  ragioni  prudenziali  di 
non  farlo,  tanto  piu  che  in  detta  Corporazione  si  ritrovano  ancora  due 
individui  che  non  sono  della  Compagnia ;  perci6  i  fondi  restano  ancora 

c  Cf.  Georgetown  College  Transcripts,  (1820),  Churches  and  lots  left  to  Archbishop 
Marechal  in  trust  for  the  benefit  of  the  Catholic  religion.  ...  4.  The  house  planta- 
tion, 3  negroes  and  some  furniture,  of  Thomas  Courtney  Beeves,  Upper  Zachia,  Md., 
left  by  him  for  the  support  and  residence  of  the  pastor  (cf.  No.  76,  A).  [5.]  Sept.  9, 
1785,  Rev.  Jacob  Frambach  obtained  three  lots,  Nos.  97,  98,  99,  of  the  square  13, 
from  Joseph  Doll,  for  the  sole  use  and  behoof  of  the  Roman  Catholic  Church,  at 
Fredericktown  (cf.  No.  91,  A).  Other  items  follow.  (A  Sliea  transcript  with  the 
reference  :  The  above  is  taken  from  Archbishop  Marechal's  notes.) 

As  a  part  of  the  summary  just  mentioned  in  MarechaVs  Diary  appears  N.B.  twice, 
noting  Henry  Warren's  deed  in  parchment,  London,  24  Aug!,  1685,  and  another  parch- 
ment indenture  of  Ralph  Crouch  of  London,  Oct.,  1662  (cf.  No.  35,  p.  217).  Since 
these  Jesuit  names  and  some  others  occur  in  just  the  same  form  as  the  names  of  the  lay 
gentlemen,  Cuthbcrt  Fcnwick,  Thomas  Matthews,  William  Brittain,  it  may  be  that 
Marechal  took  them  to  be  designating  laymen,  whose  benefactions  to  the  Society  were 
thus  on  record  in  the  old  parchments  !  Cf.  No.  115,  §  10,  et  scq.  passim. 

'  No.  183,  A-G. 

8  According  to  the  Society's  jus  ad  rem.  (General  Archives  S.J.,  Maryl.  Epist.,  6, 
ii.,  1;  another  memorandum  on  the  American  letters.) 


1044  No.  199,  A.     A   PRESUMPTIVE    TITLE  [VII 

beni  secolari  anche  per  vigore  di  disposizioni  testamentarie,  e  la  Com- 
pagnia, e  il  di  lei  Preposito  Generale,  non  puo  attualmente  sopra  cli  essi 
esercitare  alcun  dritto. 

3?  Per  la  stessa  ragione  noii  possono  essere  astretti  gli  amministratori, 
o  gli  individui  della  Corporazione,  a  donare  quello  che  posseggono ; 
poiche  °l)  gli  amministratori  non  possono  dare,  mentre  converrebbe  che 
restassero  prima  sciolti  dal  giurameiito,  e  che  consentissero  in  questa 
donazione  quelli  che  non  appartengono  alia  Compagnia,  e  che  sono  nella 
Corporazione. 

lUP"  Nota.  A  criticism  on  the  donation  actually  made  by  the  Corpora- 
tion to  the  archbishop's  cathedral,  Baltimore,  seeing  that  the  said  Board  had 
no  power  to  dispose  of  property,  except  according  to  the  terms  of  the  trust. 
See  No.  94,  P.(b) 

4?  In  ultimo  a  me  sembrerebbe  che  si  potesse  concludere,  che  il 
M.  R.  P.  Preposito  Generale,  finche  uon  sia  fatta  una  formale  dichiarazione 
appartenere  alia  Compagnia  di  Gesu  i  beni,  che  la  Corporazione  del  Clero 
del  Maryland  possiede,  non  abbia  alcun  diritto  di  esercitare  sopra  di  tali 
beni  :  come  uiun  diritto  vi  ha  1'arcivescovo  :  e  non  potra  se  non  che 
rimettere  il  M.  B.  P.  Preposito  che  esortazioni  e  comandi,  perche  i  suoi 
sudditi,  che  protestano  di  non  potere  in  conscieiiza  disporre  ed  alienare 
ci6,  su  di  cui  non  hanno  autorita,  si  diportino  passivamente  nelle  dis- 
posizioni che  Mr  Arcivescovo  vorra  prendere  sopra  i  fondi,  che  da  essi 
s'amministrano.  [Finis.] 

Georgctoivn  College  Transects,  1818-1825,  Diary  of  Archbishop  Marechal, 
1818-1825  :  copied  from  the  original  in  two  volumes  now  in  Bishops'  Memorial 
Hall,  Notre  Dame,  Indiana,  /.  5,  seq. ;  Shea's  copy,  8vo,  ff.  29. — General 
Archives  S.J.,  Maryl.  Epist.,  6,  ii.,  M,  Dall'  esarne  fatto  dei  Fogli  giustificativi, 
etc.,  the  opinion  apparently  of  one  of  the  General's  Assistants,  probably 
Rozavcn. 

No.  199.  1822,  1823. 

Presumptive  title  of  the  See  of  Baltimore :  analysis  by  the  General 
and  Kohlniann.  The  Carroll- Antonelli  correspondence  ;  the  Bull 
erecting  the  See  of  Baltimore ;  the  expectations  of  Carroll. 

A.  1822. 

Observations  of  the  General,  Father  Fortis,  on  the  fragments  of  the 
Car  roll- Antonelli  correspondence,  cited  by  Marechal  to  Card.  Funtana, 
19  Ann.,  1820  ;J  and  on  the  Bull  erecting  the  See  of  Baltimore.  Obs.  1,  2: 
The  fragments,  as  they  stand,  show  that  a  hope  had  been  conceived ;  but  a 
hope  is  no  ground  of  a  right  to  the  property  of  the  suppressed  Society  of  Jesus. 

(a)  Cancelled;  1'arcivcscovo  non  puo  esevcitar  dritto  su  cio[?];  e  premiere  per  donazione  non  si  pu5 
ammetter  da.     Inserted  infra :  non  possono  dare. 

(b)  The  date  suggested  in  No.  94,  F,  is  (1824).    Preferably,  it  should  he  as  here  (1823). 

1  No.  115,  §§  18-20.     Sec  tJic  fragments  supplemented  with  their  context,  No.  149, 
E-K. 


§  1 7]  No.  199,  A.     A   PRESUMPTIVE    TITLE  1045 

Obs.  3-6 :  The  Bull  appointing  Carroll  to  the  See  of  Baltimore  was  issued 
several  years  before  the  incorporation  of  the  Jesuit  estates,  over  ichich  there- 
fore as  incorporated  it  could  give  no  right ;  Carroll  made  an  express 
Declaration  to  the  same  effect ; "  his  conduct  was  conformable  thereto  ;  the 
clause  of  the  Bull,  interpreted  otherwise  by  Marechal,  is  a  usual  formula, 
bestowing  nothing,  but  conferring  a  right  to  administer  diocesan  property. 

Alcune  poche  Osservazioni  sui  due  Fondamenti,  ai  quali  appoggia 
Mons!  Arciv'.'  di  Baltimore  il  diritto,  che  afferma  d'avere  sui  beni  della 
Corporazione  de'  Gesuiti  del  Maryland. 

Primo  Fondamento. 
Le  Lettere  di  S.  Emz.a  il  Card.  Antonelli. 

Osservaz?  1?  Sarebbe  stato  bene  necessario,  che  tutte  intiere  le  lettere 
deH'Emza  Antonelli  si  fosser  prodotte  nella  Ponenza.  Ma  realmeiite  non 
se  ne  sono  prodotti  che  dei  framrnenti.  Or  egli  e  vero ;  che  da  tai 
framrnenti3  ricavasi,  essersi  in  Roma  concepita  speranza,  che  si 
potessero  applicare  i  beni  dell'  estinta  Compagnia  per  lo 
sostentamento  dell'Arcivescovo  di  Baltimore,  e  di  tutto  il  Clero  di  Mary- 
land.4 Ma  qui  e  da  osservare  in  prima,  che  una  tale  speranza  puo  bene 
aver  inclinato  la  Si1  Sede  all'erezione  dell'arcivesc1.0  di  Baltimore  ;  ma 
nessuii  potra  dire,  che  tale  speranza  sia  stata  il  motivo  deteruiinante  di 
tal  erezione.  E  la  ragione  si  e ;  perche  dopo  il  primo  di  Baltimore  in 
America  si  sono  eretti  varii  altri  vescovati,  i  quali  ne  avevano,  ne 
potevano  avere  simile  speranza. 

Osservazf  2?  E  da  notarsi,  che  un  diritto  propriamente  tale  non 
puo  avere  una  speranza  per  base.  La  speranza  e  cosa  condizionata,  il 
diritto  propriamente  tale  e  cosa  assoluta ;  la  speranza  e  fallibile,  il  diritto 
e  cosa  certa ;  la  speranza  puo  essere  immaginaria,  puo  diventare  lusinga, 
un  diritto  deve  essere  reale. 

2d.°  Fondamento. 
La  Bolla  d'Istituzione  dell'arciv'0  di  Baltimore. 

Osserv?  3il  Questo  e  certissimo ;  che  Monsr  Carroll  f u  consecrato 
Arcivescovo  di  Baltimore  1'anno  1790.  Quindi  la  Bolla  d'Istituzione  non 
potea  dargli  alcun  diritto  sui  beni  della  Corporazione  del  Maryland, 
la  quale  si  form6  due  anni  appresso,  cioo  nel  1792.5  Quelli  inoltre,  che 
e  cercarono  ed  ottennero  dal  Governo  di  potersi  costituire  in  Corpora- 
zione non  hanno  mai  riconosciuto  alcun  diritto  della  Sede  Baltiniorense 
sopra  i  beni  incorporati  ;  ne  alia  Sede  stessa  hanno  mai  voluto  concedere 
un  tal  diritto :  siccome  apertamente  si  vede  leggendo  gli  Statuti  della 
medesima  Corporazione. 

Osservf  4a    L'istesso  Monsf  Carroll  e  pur  certo,  che  ha  espressameute 

•  No.  160,  C. 

3  Not  from  the  fragments  supplemented  with  their  context.     Sec  No.  149,  E-K. 

4  The  clergy  of  Maryland  at  the  time  consisted  of  ex- Jesuits.    Cf.  No.  181,  J,  note  34. 

5  Cf.  No.  181,  E,  note  23. 


1046  No.  199,  B.     A   PRESUMPTIVE    TITLE  [VII 

dicchiarato,  che  in  vigor  della  Bolla  di  Pio  VI.  non  competeva  alia  sua 
raensa  alcun  diritto  sopra  i  beni  della  Corporazione  suddetta  :  cio  che  non 
nega  1'attuale  arciv?  Solo  quest!  si  sforza  d'indebolire  secondo  sua  opinione 
la  Dicchiarazione  di  Mons!  Carroll,  dicendo,  ch'essa  fu  data  per  ischivare 
non  so  quale  scandalo.6  Ma,  dato  anche  (e  in  nessun  rnodo  concesso)  che 
per  tal  ragione  M".r  Carroll  abbia  dato  tale  Dicchiarazione,  resta  forse  per 
tale  cagione  mentale  mutato  il  senso  e  le  parole  della  Dicchiarazione 
medesima  ?  Poi,  e  egli  credibile,  che  un  vescovo  pio  e  dotto  come  Mons^ 
Carroll,  per  evitare  uno  scandalo  nato  da  altrui  malizia,  abbia  cosi 
formalmente  e  chiaro  voluto  negare  un  gius  sacrosanto  della  sua  Chiesa  ? 

Osserv6  5?  Mons!'  Carroll,  non  solo  per  la  suddetta  Dicchiarazione,  ma 
sempre  e  costantemente  ha  riconosciuto,  che  i  beni  posseduti  dalla  Cor- 
porazione  erano  beni  della  Compagnia,  e  posseduti  per  la  Compagnia. 
Perocche  cio  manifestamente  apparisce  anche  clal  solo  atto  di  contratto 
istituito  col  P.  Molineux  ; 7  nel  qual'atto  non  v'ha  la  piii  minima  menzione 
di  alcun  diritto  della  Sede  di  Baltimore. 

Osserv?  6?  Le  parole  della  Bolla  di  Pio  VI.,  con  cui  si  conferisce  all 
arciv?  1'amministrazione  di  beni  temporali,  non  sono  altro,  che 
una  formola  generate  ; 8  ne  questa  puo  conf erire  alle  Sedi  alcun  nuovo 
diritto.  Trovansi  le  parole  stesse  in  altre  Bolle  di  vescovi ;  ne  per  cio 
v'ha  chi  pensi  che,  in  virtu  di  esse,  abbiano  le  Sedi  vescovili  acquistato 
alcuu  dominio  di  tutti  i  beni  ecclesiastici  delle  loro  diocesi.  Dappoiche  il 
senso  di  tai  parole  si  e  che  al  nuovo  vescovo  si  consegna  1'amministrazione 
dei  beni  pertinenti  alia  propria  Sede.  Quindi  suppongono  un  dominio 
gia  acquistato,  non  conferiscono  un  nuovo  dominio.  Dunque  nel 
inodo  stesso  vanno  intese  tai  parole  nelle  Bolle  de'vescovi  Americani,  come 
s'intendono  nelle  Bolle  de'vescovi  Italiani,  o  Tedeschi,  o  Francesi,  e  anche 
in  Partibus,  etc.,  etc.  \FinisJ\ 

E.  1822,  Dec.  6. 

Kohlmann,  Washington  City,  6  Dec.,  1822,  to  the  General.  On  Carroll's 

alleged  expectations,  that  a  pension  granted  to  him  would  be  continued  in 

favour  of  his  successors.     Kohlmann   rejects  such  a  plea  for  grounding   a 
right. — Continuation  of  No.  197,  B,  11,  supra. 

Ultimum  I[ll]mi  Arch1  Fundamentum 

est  ejusmodi :  Non  semel  nerupe  inquit  audivisse  se  ab  I".'°  Episcopo  Carroll, 
pensionem  sibi  a  Corporatione  statutam  perpetuam  fore,  et  eumdem 
Archiepiscopum  cum  indignatione  rejecturam[ttH«]  earn  fuisse,  nisi  certo 
existimasset,  illam  cum  sua  persona  non  esse  exspiraturam,  sed  ad  suos 
successores  in  perpetuum  transituram.11  Ad  hoc  f undamentum  evertendum 
multa  verba  facere  non  est  necesse. 

0  No.  117,  C.     Cf.  No.  162,  P,  note  43. 

7  No.  186,  A. 

8  No.  160,  ad  note  1. 

9  Cf.  No.  180,  P,  3? 


§  lj]  No.  200,  A.     GRADWELL   AND  POYNTER,    1820-1822          1047 

1?  Carroll's  counter-Declaration. 

2?  Haec,  per  ine  licet,  intellexerit  actualis  Archus  Marechall  ex  I".10  suo 
praedecessore  Carroll ;  ita  sibi  persuasum  habuerit  I"'lls  Carroll,  speraverit, 
lion  dubitaverit,  rem  ita  se  habere ;  haeccine,  quaeso,  mera  persuasio, 
haec  spes,  haec  fiducia  nulli  fundainento  innixa  sufficient  ad  iniponendam 
certain,  gravissimam  eamque  perpetuarn  obligationem  1  Quid?  an  non 
rideretur  in  judicio  sive  civili,  sive  ecclesiastico,  qui  ex  eo  quod  pensionein 
annuam  per  modum  doni  mere  gratuiti  a  me  accepisset,  praetende- 
ret  hanc  pensionem  jam  jure  sibi  deberi,  deberique  esse  perpetuani,  nullo 
alio  titulo  suifultus,  quarn  quod  certo  existimaverit,  nullusque  dubitaverit 
earn  fore  perpetuam  ?  Jam  hie  est  ipsissimus  casus  Arch!  Carroll ;  assign- 
avit  quidem  pensionein  Arch?  Corporatio,  sed  1°  inodo  majorem,  modo 
miuorem  pro  ratione  circunistantiarum,  2"  non  absolute  et  illimitate 
sed  sub  hac  expressa  conditione,  "  donee  nempe  jus  eligendi  Episcopum 
penes  Corporationem  foret."  1U  Koldmann  then  presses  the  argument  for  the 
time  when  a  new  circumstance  was  verified,  that  the  Society  of  Jesus  had 
revived. 

General  Archives  S.J.,  Maryl.  Epist.,  6,  i.,  F,  Alcune  poche  Osservazioni ; 
the  General 's  autograph  draft;  a  copy  by  the  amanuensis,  corrected  by  the 
General,  and  given  above;  a  Latin  translation,  in  Rozavcn's  hand.  Ibid., 
6,  ii.,  Kohlmann,  Washington  City,  6  Dec.,  1822,  to  the  General ;  24  pp.  4to. 

No.  200.  1820-1822. 

Gradwell  and  Poynter  :  an  English  controversy  brought  into  American 
affairs.  Dr.  Robert  Gradwell,  agent  in  Rome  of  the  English  Vicars 
Apostolic,  became  agent  for  the  Archbishop  of  Baltimore  and  the 
Bishop  of  Quebec.  Bishop  Poynter,  Vicar  Apostolic  of  London, 
treated  of  Maryland  affairs  in  letters  which  were  submitted  by  his 
agent  to  the  Propaganda.  Two  points  of  a  controversy  between 
the  English  Vicars  Apostolic  and  the  Jesuits  in  England  enter 
into  the  American  controversy  between  Marechal  and  the  Maryland 
Jesuits.  One  was  the  question  of  patronatus.1  The  other  was 
the  civil  status  of  the  Society,  which,  not  being  recognized  by  the 
Government,  was  therefore  to  be  considered  as  not  revived  by  the 
Papal  Bull  of  restoration,  and  a*  incapable  of  re-entering  into 
the  possession  of  its  former  property  s 

A.  1820,  Nov.  28. 

Bishop  Poynter,  Vicar  Apostolic  of  London,  28  Nov.,  1820,  to  Gradwell. 
Abstract  of  Gradwell's  Italian  translation  for  the  Propaganda. 

1?  Quebec.     2°  The  United  States  of  America.     Letter  of  Myr.  Joseph 

10  Cf.  No.  149,  B,  2V,  note  2. 

1  No.  120,  5?,  note  4. 

2  No.  220. 


1048      No.  200,  B,  C.     GRAB  WELL  AND  POYNTER,    1820-1822  [VII 

Octave  Plessis,  Bisltop  of  Quebec ;  and  two  letters  of  Marechal.  On  Irish 
priests  and  American  Sees.  Application  of  English  rules  to  America. 
Apology  of  Poynter  for  entering  into  American  affairs.  The  confidence  to  be 
reposed  by  Borne  in  the  bishops. 

B.  1821,  Feb.  9. 

Gradwell,  English  College,  Rome,  0  Feb.,  18S1,  to  Marechal. 

He  accepts  the  post  of  agent  for  Marechal.  Knows  little  of  American 
affairs.  Card.  Fontana  allows  him  to  use  an  amanuensis  to  copy  memorials, 
etc.,  for  the  Propaganda.  He  finds  that  a  question  ;i  is  before  the  Sacred 
Congregation  about  the  Jesuits  claiming  as  their  own  property  the  pious 
foundations,  which  they  have  got  into  their  hands  ;  that  a  plan  is  in 
agitation  to  reduce  the  Dominican  adventurers  to  some  kind  of  sub- 
ordination and  dependence  on  the  Bishops.  The  See  in  Virginia,  and 
Marechal's  desire  to  have  the  right  of  presentation  as  Metropolitan.4  Grad- 
ivcll's  expenses  as  agent.  He  will  leave  it  to  Dr.  Poynter  to  determine. 

P.S.  by  Dr.  Poynter,  London.  Suggests  £80.0.0.  a  year.  Compliments 
Marechal  on  obtaining  such  an  agent. 

C.  1821,  Mar.-May. 

Poynter's  "  confidential "  communication  to  Gradwell  of  a  letter  from 
Marechal,  with  two  of  his  own.  GradweWs  Italian  translations  for  the 
Propaganda. 

1?  Marechal,  Baltimore,  30  Mar.,  1821.  On  Irish  priests  and  Ireland 
generally.  The  Propaganda  has  allowed  itself  to  be  deceived.  (4  pp.  4to.) 

2?  Poynter,  London,  25  May,  1821,  to  Gradwell.  Same  matter.  (5  pp. 
4to.') 

3?  Same  to  same,  26  May,  1821.  Directing  that  his  letter  of  the  day 
before  might  be  communicated  to  Card.  Fontana ;  but  "  reserve  toas  to  be 
observed  with  the  other  (Cardinals)."  (3  pp.  4to.) 

On  the  lay-trustee  difficulty  in  Philadelphia,  Poynter  cites  the  Bishop  of 
Quebec.  On  American  Sees  to  be  secured  by  Irishmen,  he  quotes  Bishop 
Burke  of  Halifax,  who  passed  lately  through  London.  On  the  use  of  Church 
property  under  the  title  of  patronatus  or  quasi-patronatus,  he  controverts 
the  views  of  the  Jesuit,  Robert  Plowden,  and  his  system  of  sub-quasi- 
patronatus.5  Divers  apologies  for  interposing  in  American  affairs. 

3  No.  115. 

4  For  the  answer  to  this  contention  of  Marechal,  who  was  always  reverting  to  it, 
sec  No.  121,  A,  note  2. 

5  Cf.  Md.-N.  Y.  Province  Archives,  carton  A,  4,  R.  Plowden,  12  Dec.,  1796,  to  the 
other  English  ex-Jesuits ;  a  printed  folio  sheet.      The  general  principles  advanced  by 
Plowden  are  not  different  from  those  exJiibited  supra,  No.  150,  T-E5,  on  the  property  of 
the  extinct  English  Province  S.J. 


§   i;]         No.  200,  D,  E.     GRADWELL  AND  POYNl'ER,    1820-1822       1049 

D.  1821,  June  7. 

Marechal,  Baltimore,  7  Jane,  1821,  to  Dr.  Robert  Gradicell,  Rector  of 
the  English  Collaje,  Rome.  On  Gradwell's  acceptance  of  agency  at  Rome. 
Stricture  on  the  Propaganda's  measures.  Marechal  refers  Gradwcll  (3?)  to 
the  fundamental  document  (19  Any.,  1820),e  by  which  the  controversy  with 
the  Jesuits  had  been  submitted  to  Card.  Fontana. 

Baltimore,  7'."  June,  1821. 
Confidential. 

REV.  SIR, 

I  had  a  few  days  ago  the  consolation  of  receiving  your  letter 
by  which  you  inform  me  that  you  consent  to  be  niy  agent  near  the  Holy 
See.  No  news  could  give  me  a  more  sensible  pleasure.  It  affords  me 
hope  that  by  your  long  experience  and  great  abilities  an  end  will  be  put 
at  last  to  the  disastrous  measures,  which  the  Propaganda,  misled  by  Irish 
intrigues,  has  this  [!]  many  years  not  ceased  to  adopt. 

To  spare  me  the  trouble  of  writing,  and  you  the  expense  of  postage,  I 
take  the  liberty  to  refer  you  to  several  papers  which,  by  means  of  Card. 
Fontana,  you  may  easily  obtain  from  the  Archives  of  the  Propaganda. 
The  following  are  the  principal  ones. 

1°  a  letter  I  wrote,  on  the  16th  Oct.,  1818,  to  Card.  Litta.7 

2°  a  letter  to  Card.  Fontana,  dated  2IU|  January,  1820. 

3*'  an  ample  memoir  to  D°,  on  the  difficulties  existing  between  me 
and  the  Jesuits,  respecting  both  the  spiritual  and  temporal  rights  of  the 
See  of  Baltimore. 

4  to.  a  letter  to  D",  against  the  erection  of  a  see  in  Virginia. 

5'.'  my  answer  to  Dr.  Killy  [Kelly],  when  he  presented  to  me  his  bulls 
as  Bp.  of  Richmond. 

Other  proceedings  of  more  recent  date,  which  the  agent  should  know  of, 
regarding  chiejly  the  division  of  his  See. 

Your  humble  serv', 

+  AMB.,  Arch.  Bait. 
To  the  Rev.  Mr.  Gradwel,  Engl.  Coll.  Rome. 

E.  1822,  Feb.  16. 

Beschter,  Baltimore,  16  Feb.,  1822,  to  Dzierozynskl,  Georgetown.  He 
reports  the  substance  of  a  letter,  recently  addressed  by  Marechal  from  Paris, 
10  Dec.,  1821,  to  Whitfield,  Baltimore.  Expectations  of  success  at  Rome 

his  case  against  the  Jesuits.  One  of  the  reasons  is  the  same  which  Di. 
Poynter,  after  an  interview  with  Lord  Sidmouth,  had  successfully  advanced 
in  Rome,  with  the  help  of  Card.  Consalvi,  against  the  recognition  of  the 
English  Jesuits,  as  re-established  by  the  Bull  of  Pius  VII. : 8  "  The  Society 

G  No.  115. 

7  Cf.  Nos.  184,  A  ;  190,  B 

8  No.  220,  B,  C. 

VOL.   I.  3   Y 


1050  tto.  201,  A.     GRADWELUS  AGENCY,    1821-1824  [VII 

has  never  been  restored  in  these  [United]  States:  the  Government  has  nerer 
consented ;  and,  if  it  were  consulted  thereupon,  it  would  give  a  negative 
answer ;  therefore  the  Government  opposes" 

.  .  .  Litteras  ab  ArchEp.  [Marechal']  Parisiis  datas  10:'  Xbris.  Rev'.1 
Wliitfield  accepit.  Ex  his  patet  eum  bono  animo  Romam  tendere  cum 
spe  obtinendi  pensionem  ex  bonis  Jesuitarum.  His  nititur  rationibus  : 
Bona  ista  nunquain  f  uere  Societatis,  sed  pro  bono  religiouis  ;10  Corporatione 
Cleri  Baltirnorensi  eo  diriguntur  ;  et,  cum  ipse  sit  caput  cleri,  sic  et 
Corporations  esse  debet.  Societas  nunquam  in  his  Statibus  restaurata 
f  uit  : n  Guberiiium  nuuquam  consensit,  et  si  desuper  consuleretur  respon- 
sionern  negativam  daret ;  ergo  obstat  Gubernium.  Ipse  tamen  Romae 
nihil  petet  nisi  ut  possit  se  ad  legislatores  nostros  vertere,  et  ab  ipsis 
sententiam  petere.  Haec  in  conversatione  cum  Rev'1.0  D".'1  Whitfield,  si  non 
verbatim  saltern  quoad  sensum  audivi.  .  .  . 

Georgetown  College  Transcripts,  1S20,  Nov.  28,  Extract  (in  Italian)  of 
Pointer's  letter  to  Gradwell ;  copy  from  Propaganda  Archives,  Scritture  riferite 
nei  congress!,  1818-1820,  America,  vol.  4;  4  pp.  4to.  Ibid.,  1821,  Mar.  30, 
(Marcchal),  May  25,  26,  (Poynter),  confidential  to  Gradwell  from  Poynter ;  copy 
from  Propaganda,  1S21-1S22,  America,  vol.  7 ;  10  pp.  4to. — Baltimore  Diocesan 
Archives,  17,  G,  Gradwell,  Rome,  9  Feb.,  1821,  to  Marcchal,  Baltimore  ;  3  pp. 
4to. — Md.-N.  Y.  Province  Archives,  1822,  Feb.  16,  BescJiter,  Baltimore,  to 
Dzierozynski,  Georgetown. — English  Collage  Archives,  Home,  Gradwell  Col- 
lections, Baltimore  and  Quebec,  f.  4,  Marcchal,  Baltimore,  7  June,  1821,  to 
Gradwell,  Borne. 

No.  201.  1821-1824. 

Gradwell's  agency  for  Marechal :  period  till  the  Papal  Brief  passed 
out  of  sight.  Till  the  Brief  is  issued  the  Jesuits  are  classed  with 
lay -trustees  and  clerical  adventurers.  After  the  issuing  of  the 
Brief  they  figure  in  various  lights. 

A.  1821,  June  23. 

Gradwell,  Home,  23  June,  1821,  to  Marechal. 

On  the  turbulent  faction,  Hogan  at  Philadelphia,  etc.  Gradwell's 
speech  to  Card.  Fontana :  I  said  :  America  needs  and  now  implores  the 
same  blessing  which  England  has  already  received  from  your  Eminence's 
prefectship,  the  defeat  of  a  turbulent  faction,1  and  the  restoration  of  right 
order  in  that  afflicted  church.  The  conspiracy  of  intriguers  to  deceive  the 
Propaganda.  The  system  of  trustee-presentation  to  foundations  is  a 
most  mischievous  pretension.  Whether  it  be  done  by  laymen  or  Jesuits, 

9  Cf.  No.  146,  J,  ad  note  5  ;  T.  Talbot  and  Grassi  on  the  American  Government. 

10  As  this  antithesis  between  "  the  good  of  religion"  and  "the  Society"  has  no 
meaning,  unless  Marechal  supposed  the  Society  of  Jesus  to  be  aprofane  institution  of 
some  kind,  the  passage  must  be  explained  in  the  sense  o/No.  181,  J,  note  34. 

11  This  statement,  that  "  the  Society  has  never  been  restored  in  these  States,"  is  con- 
tradictory to  what  Marechal' s  Anglo-Roman  agent,  Gradiccll,  had  expressly  reported 
to  him  eight  months  before,  on  the  authority  of  Card.  Fontana.     See  No.  201,  A,  ad 
Jin.:  The  Order  is  now  restored  in  America. 
1  See  No.  220,  B,  C. 


§  17]  No.  201,  B,  C.     GRADWELDS  AGENCY,    1821-1824  1051 

it  tends  to  shake  security  and  confidence  in  the  stability  of  ecclesiastical 
authority,  even  to  the  length  of  sacrilege  and  schism.  I  beg  that  your 
Eminence  will  look  well  into  the  state  of  the  American  church ;  and  do 
promptly  what  your  wisdom  shall  suggest  to  console  the  Archbishop  and 
his  clergy,  and  protect  both  their  character  and  authority  from  the 
machinations  of  selfish  regulars  and  intruding  adventurers.  Fontana  has 
read  the  letters,  translated  into  Italian,  and  submitted  by  Gradwell.  Three 
other  American  letters  reached  the  Cardinal's  hands  last  night,  one  being  from 
Marechal.  Fontana' 8  opinion  on  the  question  of  nomination  to  bishoprics; 
with  regard  to  lay  trustees,  there  is  precedent  against  their  claims.  But 
the  claims  of  the  Jesuits  are  a  stronger  case,  because  they  were  the  only 
clergy  originally,  and  were  always  the  administrators  of  the  property 
they  claim,  till  the  time  of  the  suppression.  Part  of  the  property  was 
given  by  men  of  their  own  body  for  the  Order.  The  Order  is  now 
restored  in  America.  They  wear  the  habit,  etc.  Episcopal  nominations, 
etc.  A  short  P.S.  added  by  Poynter. 

B.  1821,  Oct.  5. 

Gradwell,  Rome,  5  Oct.,  1821,  to  Marechal. 

Various  items.  Ever  since  Gradtcell  has  had  the  agency  for  Marechal, 
the  affairs  of  Baltimore  have  become  the  most  important. 

Baltimore  Diocesan  Archives,  17,  F,  Gradwell,  Rome,  23  June,  1821,  to 
Marechal ;  3  pp.  4to. — Englisli  College  Archives,  Rome,  Gradwell  Collections, 
Baltimore  and  Quebec,  f.  50,  Gradwell,  Rome,  5  Oct.,  1821,  to  Marechal ; 
original  draft. 

At  this  point,  Mgr.  Marechal  left  Baltimore  abruptly  for  Rome.'2'  In  the 
following  July  the  Brief  was  issued,  requiring  the  Jesuits  of 
Maryland  to  surrender  White  Marsh.  The  Brief  not  rjeiny 
executed  by  C.  Neale,  Superior  in  Maryland?  Marechal  sent 
packets  of  letters  from  Baltimore  to  the  Propaganda  through 
Gradwell  (4,  17  Jan.,  18l2o}.^  TJie  latter  began  the  following 
series. 

C.  1823,  April  24. 

Gradwell,  Home,  24  Apr.,  1823,  to  Marechal. 

The  packets  of  letters  received  from  Baltimore,  by  way  of  London,  and 
of  Leghorn.  Gradwell' 8  activity  in  delivering  the  originals  and  the  copies  ; 
his  interviews  with  a  long  series  of  Cardinals.  They  are  all  much  displeased 
with  the  Jesuits  ;  and  will  soon  come  to  a  result,  I  conceive  similar  to 

2  From  New  York,  15  Oct.,  1821,  for  France.    Father  Kohlmann  found  that  he  had 
been  appointed  by  Marechal  one  of  three  Vicars  General,  with  six  counties  to  his  charge. 
Neither  he  nor  the  General  concurred  in  the  appointment.     (General  Archives  S.J., 
Maryl.  Epist.,  2,  i.,  Kohlmann,  3  Oct.,  1821,  10  Apr.,  1822,  to  the  General.} 

3  Cf.  Nos.  123-126. 

4  Nos.  127-121). 


1052  No.  201,  D-G.     GRADIVELL'S  AGENCY,    1821-1824  [VII 

what  your  Grace  recommends.5  Be  of  good  courage  and  do  not  flinch. 
Various  Hoinan  and  other  items.  Rosati  tvas  nominated  for  a  neiv  Sec  of  the 
Floridas,  etc.;  but  the  name  was  ivithdrawn  on  receiving  a  remonstrance  front 
Mgr.  Dubourg,  wlio  now  obtains  Bosati  as  coadjutor.  Father  Fenwick,  the 
Jesuit,  is  spoken  of  for  Mississipi. 

D.  1823,  July  31. 

Gradwell,  Preston,  Lancashire,  31  July,  1823,  to  Marechal,  Baltimore. 

Procrastination  witli  reference  to  the  Jesuit  case  in  Rome.  Difficulties 
advanced  by  Card.  Castiylione.  Gradioell  is  at  present  among  Whitjield's 
clerical  friends  in  Lancashire. 

S.  (1823,  Nov.  10.) 

Gradioell,  Rome,  (70  Nov.,  1828\  to  Marechal,  Baltimore. 

Nothing  accomplished  yet  in  the  matter  of  the  Jesuits'  disobedience  to  the 
Brief.  Gradwell's  devotion  in  the  cause.  Three  interviews  witli  the  Pope  : 
He  was  indignant.  Even  Cardinal  Castiglione  was  shocked  at  the 
letters  of  Father  Neale.  What  the  Jesuits  are  at  now  is  to  prove  that 
their  foundations,  farms,  etc.,  are  in  debt,  that  they  cannot  afford  to  give 
up  White  Marsh,  etc.,  that  they  must  wait  for  a  statement  of  Dr.  and  Cr. 
before  they  can  justly  resign  any  part  of  the  property  in  which  they  are 
in  possession;  that  the  difficulty  arises  from  the  error  which 
Pius  VI.  originally  made  in  instituting  the  See,  before  any 
property  was  assigned  with  all  the  forms  of  civil  law  to  the 
in  ens  a  ;  K  and  that  Propaganda  ought  to  remedy  this  error  by  itself  giving 
a  pension  to  the  Archbishop.  I  find  from  Pistelli  that  General  Fortis 
has  said  all  these  things,  however  extravagant.  On  Jesuits  and  fictitious 
accounts.  Deer  Creek.  Dubourg.  Items.  Cardinal  Fesch  told  me  how- 
ever last  week,  that  they  were  embarrassed  at  the  request  of  your  Grace, 
that  the  &>[aered~]  Congregation]  would  not  proceed  to  inflict  censures  on 
those  who  were  refractory,  for  fear  of  ruining  the  mission  of  Baltimore.  .  .  .7 

F.  1823,  Nov.  23. 

Marechal,  Baltimore,  23  Nov.,  1823,  to  Gradwell. 

He  submits  a  petition,  to  be  presented  to  the  Pope,  if  judged  fitting :  1" 
on  noil/ /nation  to  bishoprics;  2?  on  his  case  with  the  Jesuits,  asking  for  an 
immediate  derision  by  supreme  apostolical  authority.  Various  items. 

Gr.  1824,  January  17. 

Gradwell,  Rome,  17  Jan.,  1824,  to  Marechal. 

Gradwell  wrote  last,  Nov.  10.  The  Pope's  bad  health.  Surrounded  by 
Card.  Pacca,  Severoli,  and  a  few  other  enthusiastic  councillors,  the  only 

5  Cf.  No.  126,  C. 

0  No  trace  in  any  document  of  such  a  notion  having  ever  been  entertained. 

'  Cf.  Noa.  126,  C,  1'.' ;  129,  A,  p.  508. 


§   17]  No.  201,  H.     GRADWELVS  AGENCY,    1821-1824  1053 

thing  in  which  he  has  shown  most  activity  is  in  exalting  the  Jesuits, 
making  harsh  decrees  to  expel  the  Superiors  and  Professors  of  the 
R[o?naw]  C[oZ/e</e],  and  substitute  the  Jesuits  in  Nov.  next.8  Rome 
has  been  full  of  astonishment.  Criticism  on  affairs.  Card.  Consalvi 
appointed  Prefect  of  tlie  Propaganda.  It  is  hoped  that  this  will  infuse 
wisdom  into  the  public  councils,  and  check  that  tide  of  reacting  enthu- 
siasm, bigotry  and  ultra  Jesuitism,  which  portended  no  good  to  the  Church 
in  general,  and  was  certainly  exciting  astonishment  and  disgust  in  this 
city.  Zeal  of  Card.  Fesch  in  Marechal's  service.  He  finally  refused  to 
resign  the  See  of  Lyons.9  His  Ema  co-operated  zealously  with  me  to  g[et] 
the  Brief  of  Pius  VII.  regarding  the  Jesuits  executed.  The  matter  was 

O  o 

reported  in  tlie  General.  Congregation  of  tlie  Propaganda,  Monday  last ;  but 
to  my  mortification  the  Cong,  decreed  that  the  whole  question  should  be 
resumed,  a  new  Ponenza  made  embracing  a  world  of  papers  lately  sent  by 
the  Superior  of  the  Baltimore  Jesuits,  and  the  whole  matter  referred  to  a 
future  Gen!  Congr"  Bishop  Fenwick  of  Cincinnati  lias  taken  with  him, 
from  the  College  of  the  Propaganda,  a  young  Hanoverian  priest,  Mr.  Bese  ; 
and  he  icill  call  ,at  Turin  for  Mr.  Young,  the  Jesuit.  He  had  proposed 
Father  Enoch  Fenwick  for  the  mitre;  Gradwell  had  opposed.  Dubonrg. 
Items. 

H.  1«24,  Feb.  28. 

Gradwell,  Rome,  28  Feb.,  1834,  to  Marechal. 

The  Papers  health.  Criticism  of  the  public  administration.  At  the  con- 
clave in  which  he  (Leo  XII.)  was  elected,  a  party  of  ultra  zealots,  more 
formidable  for  numbers,  than  furnished  with  wisdom,  had  determined  the 
policy  of  his  reign,  binding  him,  among  other  things,  to  give  preponderance  to 
the  Jesuits,  at  the  expence  of  the  other  regulars  and  the  secular  clergy. 
In  this  reactionary  policy,  the  weaker  sort  of  Jesuits  and  ultras  exult. 
Failure  of  the  administrative  measures.  Even  the  favourite  measure  of 
expelling  the  present  professors  from  the  R[omaw]  C[ollege~],  and  substi- 
tuting the  Jesuits,  is  deferred  at  least  till  next  Nov1:  Card  Consalvi, 
returned  to  Rome,  loas  made  Prefect  of  the  Propaganda,  but  died  in  twelve 
days,  on  Jan.  24.  Consalvi  would  Itare  forced  the  Jesuits  of  America  to 
execute  the  Brief.  Now  Card.  Fesch  and  Mgr.  Caprano  (Secretary  of  the 
Propaganda)  do  not  flatter  me  with  hopes  of  a  speedy  conclusion.  A  new 
Ponenza  is  making,  and  no  time  is  yet  fixed  for  its  determination. 

8  That  is,  to  restore  the  Roman  College  to  the  Jesuits.     Compare  with  this  language 
of  GradwelVs  the  terms  used  by  Carroll  in  prospect  of  the  same  event  (No.  178,  T2,  ad 
note  92)  ;  and  also  the  Pope's  ^statements  to  his  Treasurer  (No.  187,  note  31). 

9  Fesch  was  in  exile  from  France  since  the  fall  of  Napoleon,  liis  nephew.    The 
Pope,  in  concurrence  ivith  the  French  Government,  desired  him  to  resign  the  See  of 
Lyons. 


1054  Nos.  201,  J ;  202,  A.     CARDINAL   FESCH,    1822  [VIT 

J.  1824,  April  23. 

Gradwell,  Rome,  23  April,  1824,  to  MarecJial. 

Q-radwell's  audience  with  the  Pope  on  the  subject  of  the  Maryland  Jesuits 
and  the  Brief,  Mgr.  Caprano  will  press  the  matter  forward  in  Propaganda 
business,  doubts  not  of  Marechal  having  right  and  justice  on  his  side  ;  but  he 
always  comes  to  this  question  :  Will  the  Jesuits  obey  ?  or,  What  if  they 
will  not  obey  ?  My  answer  always  is  :  I  think  they  will.  Justice  and 
consideration  of  public  fame  cannot  fail  to  influence  them,  when  they  see 
that  the  H.  See  is  firm  and  determined.  At  all  events,  let  justice  be 
done.  If  they  refuse  to  do  justice,  let  them  be  marked  ;  and,  if  nothing 
else  will  do,  let  them  be  unfrocked.10  Gradwell  sanguine  ;  Fesch  not  so. 

English  College  Archives,  Borne,  Gradwell  Collections,  Baltimore  and 
Quebec,  containing  GradivdVs  drafts  or  copies  of  his  own  letters ;  f.  86,  Grad- 
well, Rome,  24  Apr.,  1823,  to  Marechal.  Ibid.,  same  to  same,  (10  Nov.,  1823) ;  a 
loose  sheet,  the  date  given  in  letter  of  17  Jan.,  1824.  Ibid.,  /.  149,  150, 
Marechal,  Baltimore,  23  Nov.,  1823,  to  Gradwell.  Ibid.,  Gradwell,  17  Jan., 
1824,  to  Marechal ;  loose  sheet.  Ibid.,  same  to  same,  28  Feb.,  1824 ;  loose  sheet. 
Ibid.,  same  to  same,  23  Apr.,  1824 ;  loose  sheet. — Baltimore  Diocesan  Archives, 
17,  F,  Gradwell,  Preston,  Lancashire,  31  July,  1823,  to  Marechal,  Baltimore ; 
3  pp.  4to. 

With  the  reopening  of  the  whole  Jesuit  case  by  means  of  a  new  report  or 
Ponenza  in  the  Sacred  Congregation  of  the  Propaganda,11  the 
'previous  action  was  practically  rescinded,  and  the  Brief  passed 
out  of  sight.  Gradivell' s  activity  on  behalf  of  Baltimore  took  a 
new  objective,  leaving  the  Maryland.  Jesuits  alone.  The  Roman 
College,  after  an  interval  of  fifty  years  since  the  Suppression  of 
the  Society,  was  restored  to  the  Jesuits  by  Pope  Leo  XII.,  who 
assigned  funds  for  its  maintenance  from  the  Papal  treasury.  On 
these  funds  Gradwell  proposed  that  a  tax  should  be  levied  for 
Marechal' s  mensa.  But,  before  the  Brief  disappears,  we  give  its 
genesis. 

No.  202.  1822. 

Cardinal  Fesch  in  the  controversy :  Eozaveu's  observations.  The 
movement  towards  a  compromise. 

A.  1822,  Feb.  13. 

Father  Rozaven,  the  General's  Assistant  in  Rome,  13  Feb.,  1822,  to 
Father  Fidele  Grivel,  Paris.  The  qualiti/  of  the  evidence  adduced  in  the 
controversy. 

One  hundred  good  reasons  for  not  writing  ;  one  shall  suffice,  that  of 
having  the  Jesuit  case  with  Marechal  on  his  hands :  Je  dois  encore  faire  le 

10  Re-echoing  Marechal,  who  desired  to  have  Jesuits  "reduced[t]  to  the  state  of 
secular  priests,  under  the  jurisdiction  of  the  Ordinary  "  (No.  129,  A,  p.  508). 

11  Cf.  No.  131,  ad  init.,  p.  518. 


§  17]  No.  202,  B-D.     CARDINAL   FESCff,    1822  1055 

metier  d'avocat.  Nous  avons  ici  depuis  un  rnois  ou  plus  Mgr.  1'archevuque 
de  Baltimore,  qui  s'est  mis  dans  la  tete  que  les  biens  des  Jesuites  dans 
les  Etats  Unis  lui  appartiennent,  au  moins  en  partie,  et  il  assure  que 
c'est  la  une  chose  evidente.  Je  suis  charge  de  combattre cette  evidence  ; 
la  tache  n'est  pas  bien  difficile,  mais  elle  ne  laisse  pas  que  d'etre  labori- 
euse ;  car  vous  comprenez  que  pour  refuter  deux  ou  trois  assertions 
esprimees  en  uii  petit  nombre  de  lignes,  il  faut  souvenfc  ecrire  bien  des 
pages,  et  cela  demande  du  temps.  Rozaven  has  accordingly  interrupted  his 
work  on  M.  de  la  Mennais. 

B.  1822,  May  25. 

Rozaven,  Rome,  25  Ma;/,  1S22,  to  Father  Gary,  Paris.  Uncertainty  as 
to  the  probable  action  of  the  Sacred  Congregation. 

.  .  .  J'ai  sur  les  bras  Mgr.  de  Baltimore,  qui  me  donne  bien  de  la  tabla- 
turo.  II  s'est  mis  dans  la  tete  que  nos  biens  en  Amerique  lui  appartien- 
nent. Je  suis  charge  de  refuter  ses  mauvaises  raisons  et  je  le  fais,  je  crois, 
assez  bien ;  mais  1'atfaire  est  portee  a  la  Congregation  de  la  Propagande, 
et  j'ignore  qu'elle  sera  la  decision  ;  il  est  comme  impossible  qu'elle  nous  soit 
entitlement  contraire.  Other  matters. 

C.  1822,  July  3. 

Rozaven,  Rome,  3  July,  1822,  to  Grind,  Paris.  On  Fesch's  ardour,  and 
the  claim  that  a  right  be  acknowledged  in  Marcchal.  The.  said  claim  disallowed 
by  the  General . 

.  .  .  Mgr.  1'Arch.  de  Baltimore  nous  donne  ici  bien  de  fil  a  retordre,  et 
nous  a  occasional  bien  des  desagremens.  En  mon  particulier,  j'ai  encouru 

la  disgrace  de  son  E.  le  Card.  Fe ,  dont  je  n'avois  pas  1'honneur  d'etre 

connu.  II  s'est  declare  le  protecteur  et  1'avocat  de  Mgr.,  et  il  met  dans 
cette  affaire  une  chaleur  extraordinaire.  Pour  eviter  bien  du  scandale, 
nous  serons  obliges  de  faire  quelque  sacrifice.  Nous  nous  y  pretons  de 
bonne  grace ;  mais  sa  grandeur  et  son  ~Et\_minence~\  voudroient  bien  nous 
forcer  a  reconnoitre  le  droit,  et  c'est  a  quoi  nous  ne  pouvons  consentir, 
parceque  la  verite  et  la  conscience  s'y  opposent.  .  .  . 

D.  1822,  August  5. 

The  Provincial  of  France,  Father  D.  Richardot,  St.  Acheul,  5  Aug.,  1822, 
to  the  General.  Card.  Fesch,  Archbishop  of  Lyons,  and  the  Jesuits. 

The  difficulties  met  with  in  man//  parts  of  France  by  ecclesiastics  who  desire 
to  enter  the  Society.  The  bishops  refuse  an  Exeat.  The  embarrassment  of 
the  Provincial.  He  asks  advice.  If  he  admits  such  applicants,  lie  is  afraid 
that  Ordinaries  will  issue  against  them  decrees  of  suspension.  In  particular, 
lie  names  the  Bishops  of  Valence,  Moiitpellicr,  the  Archbishop  of  Tours,  and 
most  of  all  Card.  Fesch,  'whose  Vicars  General  at  Lyons  are  under  orders  to 
allow  no  Jesuit  the,  exercise  of  the  ministry,  and  much  less  to  allow  of  ecclesi- 
astics entering  the  Order  :  Episcopi  illi  sunt  :  Valentinus,  Montepessulanus, 


1056  No.  203,  A.     THE   GENERAL'S  COMPROMISE,    1822  [VII 

Archiep.  Turonensis,  et  maxime  vicarii  generates  Lugdunenses,  qui  ex 
mandate  Cardin.  Fesch  nostros  praedicare,  confessiones  audire  vetant, 
multo  magis  personas  a  sua  Dioecesi  nobis  negant. 

Md.-N.  Y.  Province  Archives,  carton  25,  Grivel  Papers,  f.  27,  J.  L.  Rozaven, 
Pome,  13  Feb.,  1822,  to  Grivel,  Paris.  Ibid.,  f.  2S,  same  to  same,  3  July,  1822. 
—General  Archives  S.J.,  Francia,  2,  xiv.,  4,  PMzaven,  Rome,  25  May,  ^1822,  to 
Gury,  Paris.  Ibid.,  Francia,  2,  i.,  23,  D.  Richardot,  St.  Acheul,  5  Aug.,  1822, 
to  the  General. 

The  Propaganda  having  referred  Marechal"  s  claims  to  a  committee 
of  Cardinals  acting  as  arbiters  between  the  parties,  the  General 
showed  his  willingness  to  afford  Marechal  a  subsidy,  in  the  name 
of  the  American  Fathers.  But  these  negotiations  for  a  concordat 
failed,  first  and  chiefly  on  the  question  of  a  right,  which  the 
General  could  not  recognize  in  Marechal. 

No.  203.(a)  1822,  May. 

The  compromise :  conditions  offered  by  the   General.1     Limitations 
imposed  on  his  action  by  the  circumstances  of  the  American  case. 

A.  1822,  May  10. 

The  General,  Father  Fortis,  10  May,  18,22,  to  Cardinals  Fesch,  Gaslig- 
lione,  and  Delia  Geuya."  Abstract  from  the  Italian. 

7?  The  sole  basis  of  any  -pacific  agreement  between  Marechal  and  the 
Jesuits  in  America  must  be  the  mere  claim  of  propriety  and  equity,  that  the 
Jesuits  who  possess  estates  in  a  corporate  capacity  should  contribute  to 
the  maintenance  of  the  Archbishop  of  Baltimore,  lilce  other  Catholics  who  are 
in  his  diocese*  There  must  be  no  implication  that  the  Jesuits  in  the  United 
States  hold  any  property  by  an  unjust  or  dubious  title. 

5?  The.  General  is  prepared  to  impose  a  tax  on  the  Corporation,  under 
two  conditions. 

8°  First  condition :  Let  the  archbishop  place  in  the  hands  of  the  General 
an  instrument  signed  by  himself  in  writing,  that  neither  the  Archbishops  of 
Baltimore  nor  the  clergy  of  Maryland  have  any  right  over  the  property  of  the 
Corporation,  save  such  as  is  acquired  by  this  concordat. 

4"  This  measure  is  absolutely  necessary,  (2)  to  secure  peace  and  quiet  to 
the  proprietors ;  (2)  to  cut  at  the  root  of  all  litigation,  annoyances,  claims, 
expenses,  which  may  be  caused  by  future  archbishops,  or  the  rest  of  the  clergy 

(•)  The  document  of  Fescli,  18  June,  IS'2.2,  referred  supra,  No.  12f.,  note  1,  to  this  No.  203,  may  be  seen 
in  the  next  No.  204,  A. 

1  Cf.  No.  125,  note  1. 

-  Card.  Delia  Gcnga  succeeded  the  reigning  Pope  Pius  VII.  as  Leo  XII.  Card. 
Castiglionc  followed  the  subsequent  Pope  as  Pius  VIII. 

1  TJiis  liberal  view  (joes  far  beyond  the  decree  of  the  Second  Plenary  Council  of 
Baltimore,  §  100.  See  No.  135,  A,  note  30,  ad  fin.,  p.  546.  Nor  does  it  agree  with  the 
principle  underlying  the  contributions  by  means  of  tithes.  See  ibid.,  note  25,  p.  543, 
mcd. 


§   i?J  No.  203,  B.     THE   GENERAL'S   COMPROMISE,    1822  1057 

in  Maryland;   (3}  to  secure  peace  and  hanmni-tj  in,  the,  general  service  of  the 
Church. 

5°  Second  condition:  Tltat  the  Sacred  Congregation  call  for  an  authentic 
statement  of  the  means  possessed  by  the  Jesuit*  in  America,  lest  a  tax  alto- 
gether out  of  proportion  with  their  means  Ite  imposed  on  them.  The  state  of 
affairs  is  very  different  from  that  represented  by  the  archbishop*. 

6°  These  conditions  being  fulfilled,  their  Eminences  can  determine  what 
contribution  is  fitting;  and  the  General  will  see  that  their  decision  is 
executed. 

Signed :  LUIGI  FORTIS,  Sup?  Gen?  della  Comp'.'  di  Gesu. 

B.  (1822,  May  18.) 

The  General,  Father  Forth,  (IS  May,  182:1}  to  tin-  Cardinals.  Abstract 
from  the  autograph  Italian  draft.4 

I.  The    General's    desire  for  perfect  harmony   with   the  Archbishop  of 
Baltimore. 

II.  He  grants  "  in  general  and   in   the  abstract  "  a  duly  of  the  Jesuits 
in    the    Corporation    to    males    a    contribution    towards    the    support    of    the 
archbishop. 

III.  He  cannot  grant   the  principle   advanced  by  the  prelate,  "  without 
declaring  the  Jesuits  of  Maryland  to  be  unjust  possessors (h),  as  the  archbishop 
himself  sat/s :  •  Invaders  of  arcliiepiscopal  property.'  "  r>     Nor  can  he  acknow- 
ledge the  notion  of  a  right  which  is  based  on  that  principle.      The  supposition 
being  false,  any  concordat  founded  on  it  would  be  nullified  by  the  Americans, 
•who  can  produce  the  facts  sufficient  in  an;/  tribunal  to  disprove  the  supposition. 

IV.  The  question  now  in  the  concrete  is,  What  donation  to  make  ?     "  The 
archbishop  wants  a  farm.     Let  him  have  it;  and  I  desire  that  he  be  contented 
herein.      But  I,  as  a  private   religious,  have   nothing  ;  nor   even   as   General 
have  I  anything  ;  for  as  such  I  am  the  first  mendicant  of  my   Order,  livinq 
on  pure  alms  without  a  square  foot  of  land  to  my  name  !  "     It  is  a  question 
then  of  handing  over  property  belonging  to  the  Corporation  in  Maryland.    But 
this  the  General  cannot  do  validly,  or  licifly  in  conscience. 

"  First,  I  cau,wt  do  so  validly.  Your  Eminences  know  that,  amongst  the 
many  calumnies  spread  abroad  against  our  Society,  one  is  this  'which  has 
roused  the  ire  of  many  people,  to  wit :  That  the  General  of  the  Jesuits 
can  dispose  of  the  goods  of  the  Society  in  all  states  and  king- 
doms, and  can  transfer  the  ownership  to  others."  G  The  falsify  of 

(b)  Cancelled:  e  ladri  belli  c  bitoni,  " roul/ers pure  and  simple." 

4  This  autograph,  without  date,  miglil  be  taken  as  a  draft  of  the  foregoing.    But 
Marcchal  cites  a  letter  of  the  General,  dated  18  May,  1822,  and  refers  to  a  "  last 
paragraph"  which  seems  to  agree  with  the  last  sentiment  expressed  here,  about  an 
"insuperable  impediment."     Another  passage  quoted  by  Marechal  is  not  in  the  docu- 
ment, but  might  have  been  added  when  it  was  coined.     See  No.  121,  E,  pp.  473,  474. 

5  Cf.  No.  121,  A,  III.,  p.  4G5. 

6  Cf.  NOR.  143,  A,  [//•/.],  ad  note  4,   Carroll  on  this  subject;    150,    A2,   p.    651, 
Strickland. 


1058  No.  204.     FESCH' S  CONCORDAT,    1822  [VII 

tins  chary e  in  principle  and  in  practice.7  The  General,  as  a  mere  adminis- 
trator, cannot  even  transfer  the  property  of  one  college  to  another  ;  much  less 
"  to  other  persons  outside  of  the  Society,  under  any  plea  whatever."  Such  an 
error  would,  according  to  the  Constitutions  of  the  Society,  entail  his  deposi- 
tion from  office  by  a  General  Congregation.  It  would  lie  like  the  case  of  a 
confessor  absolving  without  jurisdiction. 

"Secondly,  I  cannot  do  so  licitly  ;  because  whatever  determination  I  came. 
to,  it  would  be  like  striking  in  the  dark  ;  since  I  have  not  the  information,  nor 
any  complete  statement  of  the  temporalities  belonging  to  the  Jesuits  in  America. 
And  my  manner  of  determining  what  was  to  be  done  icould  be  so  much  the  more 
unjust,  as  liis  Grace  the  archbishop,  who  began  by  declaring  that  he  wanted 
only  what  his  predecessors  had,  now,  it  appears,  wants  what  no  one  of  them 
had."  As  to  tlie  lack  of  information  in  sucli  circumstances,  neither  the 
General  nor  the  Americans  are  in  fault. 

V.  One  solution  remains.  Let  his  Holiness  command  ;  "for  with  him  lies 
the  authority  to  do  so  (the  natural  right  of  the  Americans  to  make  known  their 
reasons  always  remaining  intact).8  The  General  will  obey.  "  If  any  in- 
superable impediment  comes  in  the  way,  it  shall  be  reported  promptly  to  his 
Holiness;  and  that  shall  be  done  which  he  shall  decide.9  Thus  we  shall  come 
to  terms."  10 

Georgetown  College  MSS.  and  Transcripts,  Marechal  Controversy,  MarecliaVs 
autograph  notes,  ff.  14V-15V,  the  General,  Rome,  10  May,  1822,  to  Cardinals 
Fesch,  Castiglione  and  Delia  Genga ;  Marechal's  oivn  copy  of  the  Italian. — 
General  Archives  S.J.,  Maryl.  Epist.,  6,  i.,  G,  the  General  (18  May,  1822); 
autograph  draft  in  Italian,  small  folio,  undated.  Another  autograph,  and  two 
4to  sZips  of  Bozaven's,  attached  to  G,  contain  the  chief  elements  of  A  and  B  in 
this  No.  For  Rozaven's  own  critique,  IS  May,  1822,  see  No.  121,  B. 

Two  points  in  the  last  paragraph  forecast  the  subsequent  course  of 
events.  The  Pope  commanded  by  a  Brief.  The  Americans  used 
their  natural  right,  and,  remonstrated. 

No.  204.  1822,  June. 

Fesch's  draft  of  a  concordat :  criticism  by  the  General.  On  June  3, 
at  a  general  meeting  of  the  Propaganda,  the  question  of  the 
Marechal  claims,  as  propounded  ~by  Card.  Fesch  reporter,  was 
ansivered  Tjy  the  decree,  "  that  an  adjustment,  concordia,  should  be 
arrived  at  in  Rome,  before  their  Eminences  Castiglione,  Fesch,  and 

"  Cf.  A.  Astrain,  S.J.,  Historia  de  la  Corupauia  de  Jesus  en  la  Asistencia  de 
Espafia,  (1902),  i.  603,  604,  note  (2),  the  drafts  of  St.  Ignatius  on  this  subject  in  the 
original  Constitution  of  the  Order,  and  the  final  elimination  of  tlie  whole  by  the  same 
Founder. 

8  Cf.  No.  124,  note  12,  p.  494,  Benedict  XIV.  formulating  the  same  principle. 

s  Cf.  No.  121,  E,  p.  474,  mcd.,  Marechal's  observation  on  a  "  last  paragraph"  as  a 
ruse  de  guerre,  "  in  case  of  a  defeat." 

*°  Here  follows,  in  order  of  date,  No.  121,  J,  the  General's  answer,  24  May,  1S22,  to 
Pedicini's  request,  22  May,  for  authentic  signatures  (General  Archives  S.J.,  Maryl. 
Epist.,  6,  i.),  as  explained  ibid. 


§   17]  No.  204,  A,  B.     FESCFTS  CONCORDAT,    1822  1059 

Delia  Genga."  On  June  8  these  Cardinals  invited  the  General 
to  a  conference  for  the  lOili  inst.  The  latter  on  this  occasion 
stated  the  conditions  clearly,  as  he  reminded  Fesch  a  few  days 
later.1  Then,  on  the  18th,  the  Fesch- Mar echal  conception,  all  the 
General's  conditions  notwithstanding,  came  to  his  hands.  TJ/e 
case  on  its  merits  not  having  admitted  of  any  judicial  decision  !>// 
the  Propaganda  in  the  first  stage,  this  outcome  of  tin'  /t/frmpt  at 
arbitration  put  an  end  to  the  second  stage.2 

A.  1822,  June  18. 

Card.  Fesrh,  18  June,  1822,  to  the  General. 

He  sends  to  Father  Fortis  the  project  of  a  concordat,  il  progetto  di  con- 
cordia,  agreed  upon  between  the  writer  and  the  other  two  Cardinals,  Em!  con- 
ciliator!, find  resulting  from  the  conference  held  on  the  10th  inst.  If  the  General 
has  nothing  to  saij  against  it,  the  Cardinals  invite  him  to  a  final  meeting  on 
the  20th  inst.,  for  the  conclusion  and  si  lining  of  the  concordat. 

B.  (1822,  June  18.) 

Fesch' 's  project  of  a  concordat,  enclosed  in  A,  supra.  Summary,  and  text, 
with  passages  emphasized  to  show  the  salient  points. 

Summary  of  Fesch's  concordat. 

Rehearsal  of  antecedent  action  in  the  case.  Here  the  statement  is  made 
about  five  times,  explicitly  or  implicitly,  that  the  Arcldnshop  of  Baltimore  hail 
an  absolute  right  to  an  estate  held  by  the  Jesuits,  and  that  the  General  had 
"  acknowledged  the  right."  As  matter  of  fact,  it  is  affirmed  that  an  estate, 
Bohemia,  had  been  "possessed"  by  Carroll;  had  been  "ceded  back"  by  L. 
Neale  ;  and  that  the  General,  Father  Fortis,  had  now  assented  to  the  grant 
of  White  Marsh,  in  favour  of  Marechal.  The  estate  to  be  acquired  in 
perpetuity. 

Seven  articles  contain  the  provisions  :— 

1°  Here  is  an  absolute  grant  of  Wliite  Marsh  by  the  General  to  Marechal. 

2?-6°  Particulars  of  the  manner  for  making  over  the  estate.  Two  more 
implications  of  an  absolute  right  in  the  archbishop.  No.  2°  contains  an 
essential  error  in  the  description  of  White  Marsh. 

7"  The  prelate,  as  a  quid  pro  quo,  binds  himself  and  successors  never  to 
disturb  the  Jesuits  "  in  the  possession  of  the  rest  of  the  property  entrusted  to 
their  administration." 

Here  the  signatures  to  be  affixed  by  Marechal  and  the  General. 

1  Infra,  C. 

-  Cf.  No.  121,  pp.  472,  475. 


1060  No.  204,  B.     FESCfTS   CONCORDAT,    1822  [VII 

Text. 

Essendo  stata  riunita  la  S.  Congvegazione  Generale  cli  Propaganda 
Fide  il  di  3  corrente,  Ponente  S.  Em.  il  Sigr  Cardinal  Fesch,  per  decidere 
sulle  emergenze  delle  Chiese  degli  Stati-Uniti  d' America,  fra  le  quali :!  nel 
2?  dubbio  si  chiedeva  dagli  Em!  Congregati  la  soluzione  del  dubbio  in 
questi  termini  :  Se  nello  stato  presente  sia  spediente  di  procedere  ad  uua 
formale  decisione  sul  merito  principale  della  Ponenza  tra  1'Arcivescovo 
di  Baltimore  ed  i  PP.  Gesuiti  del  Maryland,  circa  1'annuo  assegna- 
mento  che  quegli  da  questi  pretende  ;  detta  S.  Congregazione  rispose : 
Placere  de  concordia,  explenda  Romae  coram  Em!s  Castiglione,  Fesch  et 
della  Genga.4 

I  prefati  Em!  si  riunirono  a  tale  efFetto  in  casa  dell'Em?  della  Geuga 
gli  8  corrente,  per  prendere  in  considerazione  i  mezzi  di  conseguire  tain 
accomodarnento  fra  MK.r  1'Arcivescovo  di  Baltimore  e  il  R":°  P.  Fortis 
Generale  della  Compagnia  di  Gesu.5  Quindi  questi  fu  pregato  di  inter- 
venire  alia  conferenza,  che  ebbe  luogo  in  casa  dell'  Em°  Castiglione  il  cli 
10;6  e  dopo  aver  egli  riconosciuto  il  diritto  che  assiste  il  sud- 
detto  arcivescovo,  di  ripetere  dalla  Corporazione,  che  possiede  e  dirigo 
i  beni  di  detta  Compagnia  nel  Maryland,  uno  stabile  per  forma  re 
a  perpetuita  la  mensa  arcivescovile,  e  dopo  varj  discorsi  tenuti  per 
escludere  la  terra  detta  Boemia,  posseduta  altre  volte  da  Mgr.  Caroll  e 
riceduta  dal  suo  successore  Mgr.  Neale,  la  qual  terra  non  pu6  accettarsi 
clall' Arcivescovo  di  Baltimora,  tanto  per  1'insalubrita  dell'aria  e  per  la  sua 
troppo  grande  lontananza  di  settanta  miglia  dalla  sua  Sede  ed  in  un  angolo 
della  sua  diocesi,  quanto  per  esser  deteriorata  dopo  qualche  tempo,  e  non 
presentando  piii  le  stesse  convenienze,  gli'istessi  vantaggi,  ed  altre  ragioni, 
fu  appoggiata  dagli  Em!  suddetti  ladomanda  dell'Arcivescovo  di  costituire 
in  mensa  arcivescovile  la  tenuta  di  White  Marsh,  nella  supposizione  che 
non  oltrepassi  due  mila  arpani  di  terra.  Ma  il  Rmo  P.  Fortis  osserv6  che 
non  conoscendo  egli  le  ragioni  che  li  suoi  fratelli  del  Maryland  potrebbero 
avere,  tendenti  a  dimostrare  1'impossibilita  di  accordare  detta  terra,  vedeasi 
nella  necessita  di  richiedere  che  White  Marsh  siaccordi  pure,  ma  prov- 
visoriamente,  per  meiisa  arcivescovile  di  Baltimore  ;  ed  era  un  tal  prov- 
visorio,  affine  di  dar  luogo  ai  PP.  della  sua  Co.npagnia  in  quella  diocesi  di 
sottoporre  le  loi*o  osservazioni  al  giudizio  della  S.  Congregazione,  non  sotto 
il  pun  to  di  diritto,  ma  sulla  quantita  di  detta  terra,  che  si  suppone 
contenere  soltanto  due  mila  arpani ;  oltre  le  altre  ragioni  che  potrebbero 
assistere  la  Compagnia  per  preferire  la  cessione  cli  altri  stabili. 

Accettarono  gli  Emi  conciliator!  tale  riserva,  ma  vi  aggiunsero  che 
sarebbe  permesso  all' Arcivescovo  di  presentare  anch'egli  lo  sue  risposte. 

3  Here  the  Marcchal  pension  business  is  ranked  among  "  the  emergencies  of  the 
Churches  in  the  United  States  of  America." 

4  3  June,  1822. 
s  June  8. 

6  June  10. 


§  I ;]  No.  204,  B.     FESCH'S   CONCORDAT,    1822  1061 

Vollero  inoltre  che,  nel  caso  di  doversi  cambiare  detta  terra,  s'intendesse 
sempre  la  condizione  di  dover  dare  all'arcivescovo  altre  terre  nel 
quantitative,  nel  valore  e  in  tutti  gli  altri  coinodi  di  buon  clima,  di  vici- 
nauza,  etc.,  uguali  a  quella  di  White  Marsh  suddetta.  II  prefatoP. 
Geiierale  esige  pero  che  il  S1?  Padre  nnisca  tutte  le  querele  e  pretensioni 
fra  il  clero  del  Maryland  e  la  sua  Compagnia,  e  che  dichiari  che 
il  resto  de'beni  posseduti  in  oggi  dai  Gesuiti  loro  appartengono  in 
tutta  proprieta,  salvi  pero  i  pesi  inerenti  a  detti  beni,  secondo  1'inten- 
zione  delle  fondazioni  o  delle  donazioni  de'fedeli.7 

A  tale  effetto  essendo  invitati  Monsignore  1'Arcivescovo  di  Baltimore 
e  il  R'"°  P.  Fortis  innanzi  gli  Em!  conciliator!  suddetti  nelle  stanze  dell' 

Em° il  giorno  -      -,  dopo  aver  avuto  cognizione  di  cio   ch'e  stato 

qui  sopra  scritto,  hanno  convenuto  d'accordo  e  sottoscritto  gli  articoli 
sequenti. 

1°  Father  Fortis,  as  General  of  the  Order,  vests  in  Marechal  provisionally 
the  full  title  to  the  estate  <>f  Wltite  Marsh,  real  property  and  chattels  alike, 
and  will  order  the  execution  of  this  measure  on  the  part  of  the  Maryland 
Jesuits :  II  R"!°  P.  Luigi  Fortis  Generale  della  Compagnia  di  Gesu,  come 
capo  dell'ordine,  da,  cede,  concede  e  transferisce  provvisoriamente 
a  Monsignor  Marechal  Arcivescovo  di  Baltimore  il  doiniriio  della 
tenuta  di  White  Marsh  co'negri,  bestiami,  utensili  d'agricoltura,  grani, 
provvisioni  ed  altri  efi'etti  mobiliarj  che  si  troveranno  allora  nella  detta 
tenuta,  eccettuati  solamente  gli  eifetti  personali  appartenenti  al  Gesuita 
o  ai  Gesuiti  che  vivono  attualmente  su  questa  stessa  tenuta,  e  quindi  si 
obbliga  di  ordinare  ai  suoi  soggetti,  component!  la  Corporazione  del 
Maryland,  in  virtu  dell'obbedienza  a  lui  dovuta  1'intera  esecuzione  di 
questo  atto  di  conciliazione. 

2"  If  there  happen  to  be  more  than  2000  acres  in  the  estate,  the  Jesuits 
may  have  the  strips  round  the  margin,  leaving  intact  for  Marechal  the 
whole  body  of  the  estate  round  the  church  as  a  centre  :  *  Nel  caso  che  detta 
tenuta  oltrepassi  due  mila  arpani  di  terra,  il  di  piii  apparterra  ai  PP. 
Gesuiti,  i  quali  dovranno  contentarsi  di  prendere  quelle  parti  della  tenuta 
che  sono  piu  lontane  dal  centro.  Per  centro  poi  si  costituisce  la  chiesa 
del  luogo. 

3?  The  right  is  reserved  to  the  General  of  being  allowed  to  make  known 
afterwards  any  mischief  which  may  have  occurred  through  the  giving  up  of 
the  estate  ;  and  that  only  with  a  view  to  exchanging  one  estate  for  another, 
since  he  has  already  acknowledged  Marechal' s  absolute  claim  to  some  one  : 

"  As  to  Uic  historical  value  of  a  preamble  like  this,  compare  V.  de  Buc:  Ex  narra- 
tionibus,  insertis  constitutionibus  Pontificum,  nullum  praejudicium  adversus  verita- 
tem  historicam  peti  posse,  res  apud  erudites  exploratissima  est.  (Examen  historicuxn 
et  canonicum,  389.)  l,;  the  text  submitted  and  adopted  for  a  Pontifical  Brief 
(No.  205,  A),  the  assumptions  and  errurs  of  this  preamble  were  evaded  by  a  wholesale 
suppression,  which  may  have  been  the  result  of  the  General's  criticism  (infra,  C),  but 
which  left  the  provisions  of  the  Brief  without  their  necessary  basis  (cf.  No.  205,  A,  note  5). 

8  Cf.  No.  183,  C,  Kohlmann  on  the  frustula  terrae. 


1062  No.  204,  B.     FESCH'S   CONCORDAT,    1822  [VII 

II  P.  Generale  si  riserba  il  dritto  di  far  conoscere  alia  S.  Cougregazione, 
dopo  che  i  PP.  Gesuiti  del  Maryland  avran.no  provvisoriamente 
messo  il  detto  Mgr.  Marechal  in  possesso  pacifico  della  suddetta 
tenuta,  qualora  essi  PP.  avessero  gravi  ragioni  di  non  spogliarsi  della 
tenuta  di  White  Marsh,  di  far  conoscere  le  stesse  ragioni,  non  sopra  il 
diritto  riconosciuto  di  Mg.r  1'Arcivescovo,  ma  sopra  le  gravi  difficolta 
di  stabilire  in  White  Marsh  la  mensa  Archiepiscopale,  piuttosto  che  sopra 
altre  possession!. 

These  observations  of  the  Jesuits  on  the  injury  done  them  shall  then  lie 
communicated  to  Marechal,  who  shall  answer  the  observations  according  as  he 
"  shall  judge  to  be  a-propos : "  Tali  osservazioui  saranno  comunicate  al 
detto  Monsignore,  affinche  egli  possa  rispondervi  secondo  ch'egli  giudi- 
chera  a  proposito,  per  evitare  i  ritardi  della  decisione.  Questi  due  scritti 
di  una  parte  e  dell'altra  saranno  inviati  unitamente  alia  S.  Congregazione. 

4?  If  the  Congregation  considers  that  the  Jesuits  are  right  in  declining  to 
pass  an  absolute  deed  of  conveyance  for  the  estate  of  White  Marsh,  the  arch- 
bishop shall  still  Jceep  the  said  farm,  until  a  variety  of  conditions  are  fulfilled 
for  an  exchange,  that  is,  till  the  Jesuits  offer  him  another  estate  of  similar 
situation,  fertility,  salubrity,  air,  size,  with  chattels,  exactly  corresponding  to 
WJtite  Marsh  :  Se  la  S.  Congregazione,  dopo  le  prove  le  saranno  trasmesse, 
giudichera  :che  li  PP.  Gesuiti  hanno  ragione  di  rifiutare  la  cessione 
definitiva  di  detta  tenuta  di  White  Marsh  all'Arcivescovo,  per  mezzo 
di  un  contratto  civile  ed  assoluto,  allora  il  P.  Generale  obblighera 
i  suoi  soggetti  d' America  di  offrire  in  cambio  all'Arcivescovo  due  mila 
arpani  di  altra  terra  dello  stesso  valore,  la  quale  abbia  gli  stessi  vantaggi 
per  la  sua  situazione,  la  sua  fertilita  e  la  salubrita  dell'aria,  con  tutte  le 
pertinenze  per  1'agricoltura  che  siano  nella  giusta  corrispondenza  con 
quanto  si  possiede  dall'  arcivescovo  in  White  Marsh. 

Meamvhile  he  remains  in  quiet  possession  of  White  Marsh,  until  this  estate 
shall  have  been  offered  to  him,  approved  by  the  Holy  See,  and  delivered 
absolutely  to  him :  Besta  inoltre  fisso  e  convenuto  che  Mg.r  1'Arcivescovo 
restera  in  possesso  pacifico  di  White  Marsh,  fino  a  che  1'oggetto 
equivalente  di  cambio  non  gli  sia  presentato  approvato  dalla  S4?  Sede,  e 
rimesso  liberamente  a  lui. 

5.  Till  the  moment  when  the  prelate  takes  possession  of  White  Marsh,  the 
Jesuits  shall  continue  to  cultivate  it  toith  the  same  solicitude  as  if  it  were  to  be 
theirs  for  ever  :  I  PP.  Gesuiti  continueranno  a  coltivare  la  tenuta  di 
White  Marsh,  fino  al  momento  in  cui  Monsignor  1'Arcivescovo  ne  p  ren- 
der a  possesso  coll'istessa  cura  e  colla  stessa  sollecitudine  che  se 
dovesse  loro  restar  per  sempre." 

9  Compare  a  similar  clause  in  27  Henry  VIII.,  c.  2S,  8°,  addressed  to  the  abbots  and 
abbesses  of  the  small  monasteries,  which  the  King  was  expropriating  :  wherin  [viz.  in 
assigning  pensiojis  to  the  expropriated]  his  Highnes  wyll  have  most  tender  respect  to 
suche  of  the  seid  chief  Gov'nours  as  well  and  truly  consve  and  kepe  the  goods  and 
ornaments  of  ther  Houses  to  the  use  of  his  Ma'.ie,  wtout  spoyle,  wa[s]te  or  embesylying 
the  same. 


§  i7]  No.  204,  C.     FESCH'S   CONCORDAT,   1822  1063 

6.  All  debts  ever  contracted  on  account  of  White  Marsh,  the  Jesuits  shall 
keep  to  themselves  and  pay.  And  so  too  with  regard  to  the  other  estate,  ij 
any  exchange  be  made :  Restano  a  carico  de'PP.  Gesuiti  tutti  li  debiti, 
qualunque  essi  siano,  che  essi  avessero  contratti,  che  gravassero  la  tenuta 
di  White  Marsh  e  quell  a  terra  che  sarebbe  detmitivamente  data  in  cambio.10 

However,  they  may  have  the  back  revenues  of  the  estate  previous  to  the  day 
wlien  Marechal  enters:  S'intende  pure  che  i  PP.  Gesuiti  riscuoteranno 
tutto  cio  ch'e  dovuto  ad  essi  per  la  tenuta  fino  al  giomo  del  possesso. 
Cosi,  se  avessero  clato  qualche  porzione  della  piantagione  a  fittaiuoli,  ne 
riceveranno  tutti  i  redditi  fino  al  suddetto  giorno,  dope  il  quale  saran 
clovuti  a  Monsignor  1'Arcivescovo. 

7?  In  return  for  the  valuable  considerations  above,  Marechal  binds  himself 
and  his  successors  not  to  disturb  the  Jesuits  in  the  possession  of  the  remaining 
property  "  entrusted  to  their  administration : "  Eseguiti  che  avranno  fedel- 
mente  i  PP.  Gesuiti  membri  della  Corporazione  del  Maryland  gli  articoli 
della  presente  convenzione,  Monsignor  1'Arcivescovo  obbliga  se  ed  i  suoi 
successor!  a  non  niai  inquietarli  nella  possessioue  del  resto  de'beni 
confidati  alia  loro  amministrazione. 

And  now  the  archbishop  and  the  General  unite  in  a  common  prayer  to  the 
Sacred,  Congregation,  asking  it  to  obtain  from  his  Holiness  a  ratification  of 
this  agreement,  so  that,  all  occasion  of  mutual  disaffection  being  removed,  the 
archbishop  and  the  Jesuits  of  Maryland  may  loork  together  for  the  good  of  the 
Church,  etc. :  Dopo  di  che  Monsignor  Arcivescovo  e  il  R"'.°  Generale  Fortis 
si  uniscono  a  pregare  la  S.  Congregazione  di  ottenere  da  S.  Santita  la 
ratifica  di  tale  accordo,  affine  di  far  cessare  ogni  sorta  di  dissapore  e  con- 
solidare  1'unione  che  deve  sempre  regnare,  pel  bene  della  Chiesa  e  de'fedeli, 
tra  1'Arcivescovo  ed  i  PP.  Gesuiti  nel  Maryland. 

Signing  of  this  concordat  in  presence  of  the  Cardinals :  E  tale  accordo 
fatto  in  quest'oggi  -  -  e  stato  sottoscritto  in  presenza  degli  Em! 
conciliatori. 

C.  1822,  June  18. 

The  General,  18  June,  1822,  to  Card.  Fesch.  Answer  to  the  foregoing. 
Criticism,  of  the  concordat  as  projected.  Abstract  from  the  Italian. 

First,  as  there  is  a  reassertion  of  a  right,  properly  so  called,  and 
assumed  to  be  vested  in  the  Archbishop  of  Baltimore,  the  General  reminds  the 
Cardinal  that,  every  time  mention  had  been  made  of  such  a  thing  in  the  con- 
ference, he  had  objected  to  it ;  he  had  steadily  maintained  that  the  ground  of 
concord  was  "  the  propriety  of  things,  love  of  peace,  equity,  public  edification 
and  other  such  motives,  which  led  him  to  regard  as  admissible  what  the 

10  Compare  some  divergent  principles  of  law  :  "  Qui  sentit  commodum,  scntirc 
debet  ct  onus ;  "  and,  "  Accessorium  sequitur  principale"  Cf.  Nos.  124,  B,  p.  492, 
C.  Nealc's  principle  :  Lawful  debts  must  be  paid  before  donations  can  be  given ; 
208,  G,  the  General's  Memoria  Seconda,  (2)  ;  deprived  of  White  Marsh,  the  Jesuita 
must  liquidate  all  the  rest  of  their  property  to  satisfy  creditors. 


1064  No.  204,  C.     FESCH'S  CONCORDAT,    1822  [VII 

Sacred  Congregation  might  think  Jit  to  determine,  in  its  wisdom  and  justice  ;" 
and  he  had  good  reason  for  maintaining  this  ground,  in  view  of  the  proofs 
'which  the  American  Jesuits  had,  and  in  view  also  of  the  proofs  which  he  him- 
self had,  that  the  right  of  the  archbishop  'was  "  evidently  false,"  evidente- 
mente  falso. 

Secondly,  the  document  regarded  him,  the  General,  as  owner  of  the 
American  property,  in  spite  of  all  that  he  had  said  to  the  contrary.  "  In 
particular,  with  respect  to  the  farm  of  White  Marsh,  which  the  archbishop 
wants  to  have,  I  do  not  know  its  value.  And  how  about  the  contingency  that 
perhaps  it  is  worth  twice  as  much  or  thrice  as  much  at  present,  as  the  farm 
given  once  to  Mgr.  Carroll,  at  a  time  when,  the  Society  in  America  was  small 
in  numbers,  and  had  no  novitiate,  nor  any  burden  of  supporting  a  house  of 
studies  for  its  young  men,  over  and  above  the  establishment  at  Georgetown  ?  " 

Thirdly,  the  document  spolce  of  his  formulating  a  precept  of  obedience, 
requiring  the  American  Fathers  to  put  the  archbishop  provisionally  in  possession 
of  an  estate  ;  and  that  his  authority  should  be  answerable  for  such  a  precept. 

"  1.  Of  such  a  precept  of  obedience  I  never  heard  a  word  in  the  aforesaid 
conference  ;  and  it  is  altogether  new  to  me ;  since  I  always  kept  resolute  on 
the  point  of  leaving  to  the  Sacred  Congregation  and  His  Holiness  the  deter- 
mination of  what  and  how  much  might  be  allowed  the  archbishop.  In  fact, 
what  right  have  I  to  give  such  a  command  to  the  American  Fathers,  that 
they  must  hand  over  the  possession  of  a  farm,  which  perhaps  they  cannot  do 
without  ? 

"2.  After  they  shall  have  handed  over  the  possession  of  the  estate,11  what 
good  will  it  do  them  then  to  be  allowed  to  make  a  representation  of  the  injury, 
which  has  been  done  to  them  in  the  loss  of  their  property  ;  seeing  that  forth  • 
with  to  the  possibility  of  recovering  the  farm  such  conditions  are  attached 
as  it  is  certain  they  cannot  fulfil  ?  1  do  not  see  what  difference  there  is 
between  giving  such  provisional  possess-on  and  giving  absolute  possession.  I 
am  not  aware  of  having  understood  anything  else  in  the  conference  except  this: 
That  the  Sacred  Congregation  shall  determine  what  it  is  that  is  to  be  given  to 
the  archbishop,  allowing  the  Americans  liberty  to  object,  liberta  di  reclamare  : 
but  then,  if  the  [definitive]  judgment  of  the  Congregation  shall  be  given  to  the 
effect  that  their  objections  are  not  sufficiently  well  founded,  ch'essi  nei  loro 
reclarai  abbian  torto,  the  archbishop  shall  enter  into  the  possession  of  that  which 
shall  have  been  determined.  7'his  is  all  that  I  meant  to  approve,  ho  inteso 
di  lodare. 

"Fourthly,  just  as   I  protested  besides  that  all  the  other   circumstances 
regarding  the  temporalities  of  the  American  Jesuits  were  unknown  to  me,  so  do 
I  now  affirm  that  one  thing  i 's  perfectly  well  known  to  me;  and  it  is  that  at 
White   Marsh  there   is   a  novitiate,  altogether  different  from  what  the  arch- 
bishop represents  it  to  be.     If  details  are  wanted,  I  can  submit  an  account, 

11  Cf.  No.  126,  A,  p.  498,  C.  Neale,  23  Dec.,  1S22,  to  Marechal :  It  would  be  very 
unreasonable  to  require  a  General  to  deliver  up  a  town  to  fight  for  it,  afterwards,  as 
possession  is  equal  to  eleven  points  of  the  law. 


§   i;]  M>.  204,  D,  E.     FESCIFS   CONCORDAT,    1822  1065 

very  dissimilar  indeed.  Now  the  General  is  under  an  obligation  to  take 
special  care  of  the  novitiates,  l>y  the  rules  of  his  office  :  and  he  cannot,  under 
any  impulse  of  his  own,  go  and  act  blindly  in  a  matter  which  perhaps  will  do 
injury  to  the  said  novitiate  ;  where  it  is  certain  there  are,  among  others,  seven 
young  novices  wlio  went  over  some  months  ago  from  Europe." 

Fifthly,  three  things  had  in  substance  been  agreed  upon  in  the  aforesaid, 
conference.  ul.  That  the  proprietorship  of  the  Jesuits  in  America  over  the 
property  still  remaining  in  their  hands,  after  the  final  determination  of  the 
Sacred  Congregation,  should  be  recognized  ;  2.  That  the  determining  of  what 
should  be  assigned  to  the  archbishop  was  to  come,  not  from  me,  but  from  him 
who  had  power  to  command  me  in  conscience  (since  the  question  of  quantity  is 
unknown  to  me)  ;  3.  That  this  determination  should  be  provisional,  allowing 
time  for  a  presentation  of  the  exceptions,  tuhich  the  Americans  may  desire  to 
take.  Apart  from  this,  all  the  rest  of  the  document,  which  your  Eminence 
has  been  pleased  to  submit  to  me,  is  of  a  kind  that  I  do  not  see  how  in 
conscience  I  can  accept  it" 

D.  1822,  June  20. 

Fcsch,  20  June,  1S22,  to  the  General. 

Invitation  to  meet  the.  three  Cardinals  on  22  June,  for  the  purpose  of 
putting  an  end  to  the  commission  appointed  for  the  adjustment  of  the  case  : 
per  por  fine  alia  cornmissione  confidata  loro  dalla  S.  Congregazionc  cli 
Propaganda  Fide,  di  concordare  le  vertenze  fra  1'Arcivescovo  di  Baltimore 
e  la  Compagnia  di  Gesu. 

E.  1822,  June  28. 

Marechal,  Rome,  28  June,  1822,  to  (Fesch). 

On  the  statement  of  Father  Fortis  that  he  does  not  knoiv  the  estate  of 
White  Marsh.  Marechal  suggests  a  way  of  obtaining  the  'needed  information. 
Let  the  Cardinals  call  before  them  the  young  American  Jesuits  now  in  Rome, 
and  cross-examine  them.  See  No.  121,  note  14. 

General  Archives  S.J.,  Maryl.  Epist.,  6,  i.,  Fescli,  18  June,  1822,  to  the  General. 
Ibid.,  the  General,  18  June,  1822,  to  Fesch;  autograph  draft;  accompanied  by 
1  p.  4to  of  minutes  by  Rozaven,  contributing  to  the  document.  Ibid.,  Fesch,  20 
June,  1822,  to  the  General. — Rome,  Archivio  di  Stato,  Fondo  Gcsuitico,  Col- 
legii,  mazzo  12,  fascic.  Maryland,  Fesch's  project  of  a  concordat ;  tlie  only  copy 
we  have  found  of  this  document. — Georgetown  College  MSS.  and  Transcripts, 
Marechal  Controversy,  Marechal' s  autograph  notes,  f.  23 ;  Marechal,  28  June, 
1822,  to  (Fesch). 

So  ended  the  second  staff  e,  the  attempt  to  arbitrate.  On  July  1,  1823, 
at  a  general  meeting  of  the  Propaganda,  a  decree  was  passed  in 
keeping  with  the  letter  of  Father  Fortis'  oft-repeated  declaration, 
that  there  was  no  other  solution  but  for  the  Pope  to  command, 
and  he  would  obey.  Accordingly,  a  project  was  submitted,  to  be 
issued  in  the  form  of  a  Brief  from  his  Holiness.  The  Pope 
assented.  The  project  so  submitted  to  be  embodied  in  a,  Brief  was 
VOL.  I.  3  Z 


TOGO  Aro.  205,  A.     THE  PAPAL  BRIEF,    1822  [Vll 

Feschs  concordat  itself,  with  only  an  essential  alteration  in  the 
grounds  on  which  that  concordat  had  rested.  What  had  failed 
to  pass  as  an  equitable  adjustment  was  made  to  issue  as  a 
Pontifical  document. 

No.  205.^  1822,  July  23. 

The  Brief,  23  July,  1822  :  an  abstract.     In  the  rehearsal  of  the  decree, 

submitted  by  the  Propaganda  for  the  Papal  sanction  by  a  Brief, 

all  mention  of  right  to  the  possession  of  White  Marsh  is  suppressed. 

Once  amongst  the  provisions  (3?)  the  term  "  right "  appears,  but  it 

seems  to  denote  the  right  of  possession  acquired  by  the  fact  of 

Marechal's   entry.      In   this   the   same  provision   differed  from 

Feschs  project  which,  in  the  same  section,  contained  a  repetition 

of   Marechal's    absolute   "  right    being    acknowledged."      As    to 

matters   of  fact,    the  preamble   omits   Fesctis   statements   about 

Carroll's  possession,  and  L.  Ncale's  retrocession.     But  the  error 

in  the  description  (2?),  on  which  an  essential  provision  depended, 

remains  in  the  Brief  as  it  was  in  the  project  of  Fesch.1     The 

same  exhortation  is  given  to  the  Fathers  that,  till  the  day  when  the 

prelate  enters  on  possession,  they  continue  to  cultivate  the  farm  "  with 

the  same  industry  and  solicitude,  as  if  they  themselves  were  to  possess 

it  for  ever"     The  Brief  adds  a  new  element  to  Fesctis  project 

by  limiting  the  lime  for  the  delivery  of  White  Marsh  to  "  one 

month  from  the  date  of  the  prelate's  return  to  his  diocese  "  (I0).2 

The  assets  are  taken  over  without  the  liabilities,  as  in  the  project? 

After  this  rehearsal  of  the  petition  submitted,  the  Pope  grants  the 

petition   by   sanctioning  the  premises ;  and,  among   the   official 

formulas  which  follow,  there  is  the  usual  one  of  "  rectifying  and 

supplying  for  all  and  singular  defects  of  right  and  fact,  if  any 

have  crept  into  the  premises." 

A  1822,  July  23. 

Text  of  the  Brief,  23  July,  1822.4     Abstract  from  the  Latin. 

(a)  The  General's  Memoria  Seconda,  1U  June,  182tt,  referred  supra.  No.  131,  note  9,  to  this  No.  205, 
may  be  seen  in  No.  208,  G. 

1  The  church  at  Wfiite  Marsh  to  be  taken  as  a  centre,  and  two  thousand  acres 
measured  around.  Such  a  survey  would  take  in  the  property  of  neighbours,  since  the 
church  was  at  an  extremity  of  the  Jesuits'  estate.  Cf.  infra,  C. 

-  Cf.  No.  125,  A,  p.  497,  Marcchal,  U  Dec.,  1822,  to  C.  Neale. 

3  Cf.  History,  I.  §  60,  pp.  485,  486,  note  8,  the  French  senator,  M.  Lamarzellc,  14 
Nov.,  1905,  reporting*  the  principles  of  the  French  Revolution  :  Le  clerg6  peut-il  etre 
d6possedt>  ?     Oui.     Les  titulaires  peuvent-ils  1'etre  ?     Non  :  a  moins  qu'ils  ne  soient 
indernnises  et  d6dommag6s  par  la  nation. 

4  As  the  Latin  text  is  long,  and  may  be  read  in  several  publications,  see   the 
references  to  published  sources  given  below. 


§  I7J  No.  205,  A.     THE  PAPAL  BRIEF,    1822  1067 

Pius  PP.  VII. 
Ad  futuram  rei  memoriam. 

"  Since  it  has  been  reported  to  Us  that  a  controversy  has  arisen  between 
our  venerable  brother,  Ambrose  Marechal,  Archbishop  of  Baltimore,  in  the 
United  Stalest  of  America,  and  our  beloved  sons,  the  Fathers  of  the  Societij  of 
Jesus  dwelling  in  Maryland,  on  the  right  which  the  aforesaid  archbishop 
claims,  of  receiving  an  annual  and  customary  pension  from  the  estates  which 
the  said  Fathers  claim  entirely  for  themselves,  the  archbishop  affirming  that 
such  a  pension  is  due  to  him  and  his  successors  on  behalf  of  his  episcopal 
fable,"  we  commissioned  the  Cardinals  of  the  Propaganda  to  adjust  the  matter 
"  by  a  concordat  between  the  parties  in  Rome,  to  be  effected  before  three  of 
our  venerable  brethren,  to  wit,  Francis  Xavier  Castiglione,  Joseph  Fesch,  and 
Hannibal  della  Genga.  But,  since  the  desired  concordat  could  not  be 
effectuated,  the  same  venerable  brethren,  in  a  congregation  held  on  the  first  of 
July,  same  year,  Cardinal  Fesch  being  reporter,  decided  and  decreed,  in  the 
hope  of  obtaining  our  approbation,  that  the  maintenance  of  the  archiepiscopal 
table  of  Baltimore  should  be  charged  on  the  landed  property,  which  Pius  VI., 
our  predecessor  of  happy  memory,  had  put,  in  1 789,  under  the  administration 
of  the  Bishop  of  Baltimore  [John  Carroll].5  And,  in  order  that  no  cause  of 
disagreement  or  contention  may  arise  in  the  future,  they  also  decreed,  that 
some  conditions  should  be  observed,  which  stand  as  follows." 

Here  the  Brief  rehearses  the  decree  submitted  for  approval  by  the  Pro- 
paganda in  seven  points,  which  correspond  in  substance  and  order  to  the  seven 
points  of  Fesch's  project,5  with  the  few  modifications  just  noted."  It  then 
continues : 

"  All  these  matters  having  been  maturely  considered,  and  adjusted  as 
above,  We  have  been  asked  in  the  name  of  the  said  Congregation  de  Propa- 
ganda Fide,  to  confirm  with  our  Apostolic  authority,  and  to  prescribe  what, 
according  to  the  premises,  seems  fitting  for  the  stable  maintenance  of  the  archi- 
episcopal table  of  Baltimore.  Wherefore,  desiring  to  meet  the  views  of  the 
Congregation,  and  wishing  to  aid  with  special  grace  and  indulgence  all  persons 
whom  this  present  Brief  favours,"  we  approve  the  aforesaid  decree  ;  "  and,  if 
any  errors  of  right  or  of  fact  have  crept  into  it,  -we  make  them  good,  and  repair 
them  ;  giving  order,  moreover,  in  virtue  of  holy  obedience  to  the  Superior 
General  of  the  Society  of  Jesus,  that,  as  soon  as  the  present  Brief  shall  have 

5  Here,  between  the  preamble  and  the  recital  of  the  Propaganda* &  decree,  there  is 
omitted  a  connection  between  the  claim  of  right,  mentioned  in  the  preamble,  and  the 
fact,  approved  in  the  decree,  that  he  do  now  take  over  White  Marsh.  For  the  effects  of 
this  essential  disconnection,  rendering  tlie  Brief  inoperative,  compare,  in  canon  lau>, 
Benedict  XIV.,  supra,  No.  124,  note  12,  p.  494 ;  and,  in  civil  law,  Blackstone,  ubi 
infra,  note  9.  J.  G.  Shea  marks  this  hiatus  (History  of  the  Catholic  Church  in  the 
United  States,  Hi.  6S.  note  1) ;  but  his  attempt  to  explain  the  action  taken  in  Rome 
(ibid.,  71)  is  unsatisfactory,  as  may  be  seen  in  No.  187,  p.  938,  E,  F.  Neither  the 
Brief,  nor  any  incident  in  Marechal's  controversy  with  the  Jesuits,  was  made  to  rest  on 
the  fact  or  consequences  of  the  Society's  having  been  temporarily  suppressed. 

G  No.  204,  B. 

7  P.  1066. 


1068  No.  205,  B.     THE  PAPAL  BRIEF,    1822  [VII 

been  exhibited   to  him,  he  be  held  to  execute  with  precision  everything  herein 
expressed  and  approved  by  Us." 

TJte  official  clauses  follow.     23  July,  1822. 

B.  1822,  July  25. 

Pedicini,  Secretary  of  the  Propaganda,  25  July,  1822,  to  the  General. 
He  communicates  the  Brief. 

Bullarii  Roinani  Continuatio  (A.  Barbdri,  R.  Secreti,  1S53),  xv.,  554-556, 
No.  1056. — Juris  Pontificii  de  Propaganda  Fide  Pars  Prima  (It.  dc  Martinis), 
iv.  615-617,  No.  103. — General  Archives  S.J.,  Manjl.  Epist.,  6,  i.,  the  original 
Brief  on  parchment,  communicated  to  the  General.  Ibid.,  Pedicini,  Secretary 
of  the  Propaganda,  25  July,  1822,  to  the  General,  communicating  the  Brief. 

In  a  matter  which,  when  made  public,  became  invidious  and  odious  in 
America  against  Marcchal  and  the  Pope  because  of  the  contents  of 
the  document,  and  in  Europe  against  the  American  Jesuits  because 
of  the  representations  made  to  pass  current,  we  note  the  following 
points : 

First,  the  formula  at  the  end  of  the  Brief,  rectifying  errors  of  right  and 
fact,  naturally  applied  to  rights  and  facts  within  the  competency 
of  the  authority  to  verify  and  mahc  good ;  and,  it  excluded  such 
errors  from  doing  prejudice  to  parties  who  were  meant  to  be 
gratified.  It  could  not  apply  to  other  matters  which  were  taken 
merely  as  expounded ; 8  nor  to  the  effect  of  prejudicing  other  parties. 

Secondly,  the  language  attempted  in  Fesch's  project  (I'.1),  by  which  the 
General  was  made  to  "  give,  grant,  cede  and  convey,"  da,  cede,  con- 
cede e  transferisce,  is  sufficiently  suggestive  of  American  and 
English  legal  proceedings  to  warrant  a  citation  from  common  law 
of  a  principle  with  which  other  law  does  not  disagree.  It  is  that, 
while  the  sovereign  himself  can  do  no  wrong,  yet  his  acts  may  be 
contrary  to  law,  and  in  such  cases  are  subject  to  reversal.  Thus, 
if  the  Crown  should  be  induced  to  grant  any  franchise  or  privilege 
to  a  subject  contrary  to  reason,  or  in  any  ivay  prejudicial  to  the 
commonwealth,  or  to  any  private  person,  the  law  will  not  suppose 
the  sovereign  to  have  meant  either  an  unwise  or  an  injurious 
action,  but  declares  that  he  was  deceived  in  his  grant ;  and  there- 
upon such  grant  is  rendered  void,  but  merely  upon  the  ground  of 
fraud  or  deception  either  by  or  upon  those  agents  whom  the  Crown 
had  thought  Jit  to  employ.  When  it  appears,  from  the  face  of  the 
grant  that  the  Crown  is  mistaken  or  deceived,  cither  in  matter  of 
fact  or  matter  of  law,  as  in  the  case  of  false  suggestion,  mis- 
information, or  misrecital  of  former  grants ;  or  if  the  royal  title 

8  So  the  Brief  begins  :  Quum  nobis  relatum  fuerit  .  .  . 


§  i/]  No.  205,  C.     THE   PAPAL  BRIEF,    1822  1069 

to  the  thing  yrmili'tl  be  different  from  what  was  supposed;  or  if 
the  fjrant  be  informal ;  or  if  an  estate  be  granted  contrary  to  the 
rules  of  law  ; — in  all  of  these  cases  the  grant  is  absolutely  void.9 

C.  1824,  December  7. 

J.  W.  Beschter,  Baltimore,  7  Dec.,  1824,  to  Dzicrozynski.  Incidents 
regarding  the  error  in  the  description  of  White  Marsh,  after  the  Brief  had 
been  published. 

...  I  went  yesterday  to  wish  a  happy  feast  to  our  Archbishop 
Ambrose.  I  found  him  still  in  his  dining-room  with  his  clergy  and  the 
Rev.  Mr.  Brute.  I  informed  him  that  I  had  just  met  with  Mr.  McCol- 
lough  the  Collector  of  this  port,  who  asked  me  if  I  had  seen  the  Pope's 
Bull  published  in  the  "Washington  paper.  At  my  negative  answer  he  said 
he  had  read  it  in  Latin ;  and  that  now  they  (the  Protestants)  had  a  good 
play  to  laugh  at  our  Archbishop  and  the  Pope,  etc.  The  Archbishop 
appeared  thunderstruck.  After  a  while  he  said  :  "  How  could  it  fall  in 
their  hands ;  there  were  but  two  in  existence ;  and  I  have  certainly 
shown  it  to  nobody  but  a  few.1"  I  blame  Mr.  Dzierozynski  for  it."  Mr. 
Brute  then  said,  there  had  appeared  also  a  few  days  ago  a  gross  burlesque, 
in  the  shape  of  a  Quaere :  "If  you  put  one  foot  of  the  compos  on  White 
Marsh,  the  other  forming  a  circle,  how  great  must  be  the  circle  to  contain 
2,000  acres  of  land,  leaving  White  Marsh  in  the  centre?" — and  signed 
Sulpicius  Mytratus.  The  Archbishop  could  not  hit  the  meaning  of  it, 
until  I  said  that  by  this  circle  the  property  of  Mr.  Duval,  Johnson,  and  a 
part  Mr.  Ogle's  must  be  taken  .  .  ." 

0  Cf.  1  Blackstone's  Commentaries,  246 ;  2,  ibid.,  348;  1  Stephen,  Comrn.,  621 ;  2, 
ibid.,  479 ;  M.  D.  Swell,  Elements  of  the  Law,  i.  44,  240.  Cf.  supra,  No.  121,  F, 
note  16. 

10  Cf.  Nos.  132,  note  3  ;  183,  A,  C. 

11  Beschter  adds  a  point  about  the  property  escheating :  After  some  time,  I  told 
him  that  last  week  one  of  his  congregation  came  to  my  house,  spoke  of  this  affair 
with  great  warinness,  and  indignation  that  such  an  application  bad  been  made,  and 
assured  me  that,  if  he  [the  archbishop  ?]  was  put  in  possession  of  White  Marsh,  he 
would  not  keep  it  a  fortnight,  before  it  would  be  escheated ;  and  this  he  said  with  a 
significant  expression.    The  archbishop  hearing  this  said:  "  It  would  be  escheated  ?  " 
and  then  asked  where  the  paper  could  be  had.     He  retired  to  speak  with  Mr.  Brute 
in  private,  and  I  withdrew  from  the  company. 

The  current  of  public  sentiment  at  the  time  appears  from  Marechal's  (or  Whitficld's) 
letter,  on  the  Marlborough  affair,  28  Feb.,  1S27,  addressed  to  Father  Mudd  (No.  135, 
P,  note  49).  This  was  more  than  tico  years  later.  At  present,  feeling  seems  to  have 
run  so  high,  that  Beschter,  in  a  letter  four  days  after  the  one  to  Dzierozynski,  recom- 
mends Francis  Neale  to  consider  whether  the  Society  itself  might  not  at  this  moment  be 
incorporated  by  the  Legislature  of  Maryland.  He  writes,  11  Dec.,  1824:  The  Abp.  is 
dreadfully  allarrned,  by  the  publication  of  the  Pontifical  Brief,  and  the  warning 
received  from  Government,  and  moreover  by  news  from  Rome.  The  old  St.  Peter's 
case,  as  quoted  above  (No.  94,  E).  Beschter  adds  :  The  Abp.  has  been  writing  letters  in 
the  Seminary  these  four  or  five  clays ;  they  will  go  off  by  the  next  New  York  packet 
to  Havre.  He  does  not  want  White  Marsh,  he  never  wished  to  have  it — that  is  Mr. 
Whitfield's  cant  now.  He  wants  what  the  other  Abps.  had,  or  what  Abp.  Neale  had, 
viz.  $1000  or  1200.  The  incident  about  McCullough,  the  Collector,  speaking  for  the 
Protestants,  and  laughing  at  our  Abp.  and  the  Pope ;  and  about  the  escheating. 
^  I  believe  no  time  ought  to  be  lost  for  sending  to  Rome  the  act  of  making  over  that 


1070  JVbs.  205,  D;  206,  A.    VIEWS  ON  THE  CONTROVERSY,  1822-1824  [VII 

D.  1831,  February  H. 

Father  Fictile  Grivel,  Georgetown  College,  14  Feb.,  1831,  to  the  Assistant 
of  Germany,  Father  Aloysius  Landcs,  at  the  Geau,  Rome.  Extract  on  the 
error  of  fact  in  the  Pontifical  Brief ;  pleasantries  ;  the  blame  still  attaching, 
in  1831,  to  the  Maryland  Jesuits. 

Je  vais  partir  avec  les  Novices  pour  White  Marsh  ;  je  u'y  entends 
rien,  niais  c'est  egal.  White  Marsh  est  cette  fameuse  terre,  dont  le  nom 
a  retenti  a  la  Propagande  et  dans  une  Congregation  de  5.  Cardinaux,  qui 
en  avoient  adjuge  la  belle  eglise,  notre  vaste  maison  ct  la  bonne  ferme  a 
1'archeveque  de  Baltimore  avec  2000  acres  de  terre  tout  autour  de 
1'eglise.  Or  d'abord  1'eglise  est  a  une  extremite  de  la  terre,  et  bonnement 
nos  Peres  ne  pouvaient  pas  donner  a  1'archeveque  le  bien  du  voisin :  ceux 
qui  informent  les  Superieurs  devroient  etre  avant  tout  bien  inforrnes  eux- 
memes.  C'est  ainsi  qu'on  fit  donner  a  1'Empereur  Joseph  II'.1  un  decret, 
qui  ordonnoit  d'effacer  la  Bulle  Unigenitus  de  tous  les  Missels  !  !  !  Sans 
doute  qu'a  Rome  la  Curia  Generalis  connoit  bien  cette  affaire :  rnais 
ailleurs  on  en  a  une  idee  fausse,  et  on  y  condamne  sans  pitie  nos  Peres 
d'Amerique. 

Md.-N.  Y.  Province  Archives,  1824,  Dec.  7,  Beschtcr,  Baltimore,  to  Dziero- 
synski.— General  Archives  S.J.,  Maryl.  Epist.,  4,  i.,  Grivel,  Georgetown,  14  Feb., 
1631,  to  Landes,  Rome. 

No.  206. (a)  1822-1824. 

Lay  and  clerical    contributions   to  the  controversy :  the  American 
Government.     Second  stage  of  the  contention. 

A.  1822,  July  14. 

John  Walsh,1  Baltimore,  14  July,  1832,  to  Enoch  FenwicJc,  S.J.,  Rector 
of  Georgetown  College.  On  Marechal's  success  in  Rome. 

.  .  .  Yesterday  there  was  letters  from  the  Archbishop  [Marcchal] 
dated  at  Rome,  8  May.  I  am  informed  that  he  writes  he  was  detained 
longer  than  he  expected,  in  consequence  of  the  indisposition  of  the  Pope : 
that  he  had  however  succeeded  in  obtaining  every  think  he  wanted,  and 

(a)  The  document  of  Dzierozynski,  s.d.,  referred  supra,  No.  132,  note  3,  to  this  No.  206,  may  be  seen 
in  the  next  No.  207,  H. 

property  [old  St.  Peter's?  cf.  No.  94,  p.  323],  and  in  giving  proper  information 
against  his  writings  on  that  subject.  Mr.  Whitfield  came  yesterday  to  me,  wishing 
that  I  should  endeavour  to  contribute  to  comrning  to  an  arrangement,  and  that  we 
might  have  a  very  good  friend  in  our  Abp.  I  answered,  "  Yes,  indeed,  in  his  very 
first  appearance  as  Abp.,  he  has  shown  it,  when  he  rescinded  the  agreement  with 
Abp.  Neale,  and  has  continued  ever  since  the  same  friendship!!!"  Would 
it  not  be  prudent  to  apply  to  the  Legislature  of  Maryland,  in  the  present  state 
of  affairs,  for  having  the  Society  incorporated ;  I  believe  we  could  have  at  this 
time  a  unanimity  of  votes  for  it ;  on  account  of  the  attack  made  upon  us  ?  Mind 
that  in  a  short  time  we  may  be  deprived  of  Representatives  and  consequently  of 
the  Corporation  [!  ?].  f  I  sincerely  and  respectfully  remain,  etc.  (Md.-N.  Y, 
Province  Archives,  Bb,  Beschtcr,  Baltimore,  11  Dec.,  1824,  to  Francis  Nealc,  tit. 
Thomas's  Manor ;  3  pp.  4to.) 
1  Cf.  No.  94,  p.  324. 


§  i;]      No.  206,  B-D.     VIEWS  ON  THE  CONTROVERSY,  1822-1824      1071 

would  leave  Rome  about  the  end  of  the  month,  return  through  France 
and  the  Low  Countries  to  England,  from  whence  he  expected  to  embark 
for  the  United  States  about  the  1  October,  so  as  to  get  home  before 
winter. — Mr.  Whitfield  also  received  a  letter  from  Dr.  Poynter,  advising 
him  of  the  success  of  the  Archbishop,  and  the  great  benefit  to  be  expected 
from  his  journey  to  the  Church  of  America,  as  the  Archbishop  will  return 
loaded  with  blessings  for  it.  Particulars  I  have  not  heard ;  indeed  I  did 
not  understand  that  any  were  made  known.  God  grant  this  journey 
may  prove  as  beneficial  to  religion  and  the  peace  and  harmony  of  the 
Church  as  is  anticipated  by  these  gentlemen.  .  .  . 

3.  1823,  February  IS. 

Father  Joseph  Tristram  (Stonyhurst'),  18  Feb.,  1823,  to  the  General. 
Oa  Whitfield  in  the  controversy.  Extract  from  the  Latin. 

"...  Father  Provincial  Sewall  lately  received  a  letter  from  a  friend  of 
Archbishop  Marechal,  one  named  Whitfield,  ivho  lived  formerly  in  this  College, 
in  idiich  he  assails  our  Fathers  in  strong  language,  graviter  incusat,  for  not 
giving  up  their  possessions  ;  and  he  threatens  things  worse  to  come.  But  this 
is  only  an  attempt,  I  think,  to  get  our  Provincial  to  interpose.  It  is  my 
opinion  that  we  had  better  leave  the  matter  alone  ;  for,  as  Father  Kohlmann 
•writes,  the  Jesuits  have  reason  on  their  side  as  to  the  ground  or  substance  of 
the  controversy.  ..." 

C.  1823,  May  28. 

Tristram,  28  May,  1823,  to  the  General.  On  Mr.  Matthews  and  the 
American  Government.  Extract  from  the  Latin. 

"  .  .  .  A  certain  missionary  priest  at  Washington,  one  of  the  Corporation 
but  not  one  of  ours,  by  name  Matthews,  took  the  brief  and  showed  it  to  the 
Secretary  of  State,  ivho  ivas  very  indignant  at  such  a  mode  of  procedure,  and 
forthwith  exclaimed  that  he  would  write  to  Cardinal  Consalvi  .  .  .  It  is  said 
too  that  all  the  other  American  Bishops  find  fault  with  such  a  manner  of  pro- 
ceeding on  the  part  of  the  Archbishop  of  Baltimore.  .  .  ." 

D.  1824,  October  24. 

Daniel  Brent,  Department  of  State,  Washington,  24  Oct.,  1S2-1,  to 
Marechal.  On  the  issue  with  the  American  Governments 

Washington,  20th  October,  1824. 
UKV.  AND  DEAR  SIR, 

I  have  the  honour  to  acknowledge  the  receipt  of  your  favour  of 
the  15th  instant,  and  to  inform  you  in  answer  to  your  inquiry,  that  no 
letter  has  yet  been  written  by  Mr.  Adams  [Secretary  of  State]  to  the 
government  of  his  Holiness  the  Pope,  upon  the  subject  of  the  unhappy 
difference  between  yourself  and  the  incorporated  Clergy  of  Maryland,  in 

-   Cf.  No.  135,  A,  Prop.  17,  ad  note  41. 


1072      No.  20G,  D.      VIEWS  ON  THE   CONTROVERSY,   1822  1824         [Yll 

relation  to  the  temporal  rights  of  your  See.  It  is  true  that,  some  time  in 
the  last  year,  Mr.  Adams  was  sollicited  to  write  such  a  letter,  in  conse- 
quence of  the  steps  which  had  been  successfully  taken  at  your  instance 
by  that  government,  as  was  stated  to  him,  upon  an  ex  perte  [!]  application 
to  obtain  a  mandate  from  the  General  of  the  Jesuits  residing  in  Rome 
to  the  Superior  of  that  Society  residing  in  the  State  of  Maryland, 
which  should  and  did  prescribe  an  allotment  in  perpetuity  of  a  specific 
portion  of  the  property  of  the  whole  Corporation  to  the  use  of  the 
episcopal  See  of  Baltimore  :  which  mandate,  it  was  alleged,  the  latter 
[_tliG  General^  had  no  power  or  authority  whatever,  as  the  Superior  of 
that  Order,  to  carry  into  effect,  and  the  Holy  See  had  still  less  right 
to  procure  or  to  inforce  :  the  ^yhole  property  in  question  being,  in  fact, 
absolutely  invested  by  a  legislative  act  of  Maryland  in  a  Corporation 
entirely  independent  of  him  and  his  Society,  and  placed  under  the 
management  of  the  representatives  and  Trustees  of  the  Catholic  Clergy 
of  Maryland,  not  necessarily,  nor  in  the  circumstances  of  the  case  actually, 
members  altogether  of  the  Society  of  Jesus.  It  was  represented  to  Mr. 
Adams  that,  by  the  terms  of  the  act  referred  to,  the  representatives  and 
Trustees  of  the  clergy  were  bound  to  take  an  oath,  before  entering  upon 
the  execution  of  the  trust  confided  in  them,  for  the  faithful  administration 
of  that  trust ;  and  it  was  urged  that  their  own  discretion,  under  the 
limitations  of  the  statute,  untrammelled  by  orders  or  mandates  emanating 
from  any  foreign  source  not  amenable  in  the  remotest  degree  to  our  laws, 
should  form  the  rule  of  that  administration.  It  is  likewise  true  that 
Mr.  Adams,  under  these  circumstances,  said  he  would,  with  the  permission 
of  the  President  of  the  United  States,  write  a  letter  to  Cardinal  Gonzalvi, 
at  that  time  Secretary  of  State  for  foreign  affairs,  expressive  of  the  regret 
of  the  executive  government  of  the  United  States,  that  the  government  of 
his  Holiness  should  have  been  induced  to  interfere  at  all  in  relation  to 
the  control  or  disposition  of  a  trust  or  any  part  of  it,  thus  exclusively 
created  by  an  act  of  an  independent  State  of  this  Union,  and  placed  under 
the  exclusive  direction  of  a  commission  \tlie  Corporation]  established  by 
that  act  itself ;  but  circumstances  at  the  time  prevented  him  from  doing 
so;  and  it  has  been  since  neglected.  He  is  however  again  sollicited  to 
write  such  a  letter ;  and,  if  he  should,  I  certainly  will,  in  compliance  to 
your  request,  furnish  you  by  his  permission  with  a  copy  of  it. 

In  the  mean  time  I  cannot  but  express  my  deep  regret  and  mortifica- 
tion that  there  should  exist  this  unhappy  difference  or  misunderstanding, 
and  I  should  think  myself  most  happy  and  fortunate,  if  by  any  humble 
means  in  my  power  I  might  be  instrumental  in  its  accomodation,  and 
in  that  way  avert  from  our  Church  the  scandal  inseparable  from  appeals 
to  Rome  and  to  the  law. 

Before  closing  this  letter  I  think  it  my  duty  to  add,  that  I  am  fully 
persuaded  the  government  of  the  United  States,  as  at  present  advised,  can 
never  view  with  indifference  any  future  appeals  to  such  foreign  states, 


§  i;]        No,  207,  A.     THE  AMERICAN  GOVERNMENT,   1824-1826      1073 

touching  the  administration  of  temporal  concerns  under  its  own  jurisdiction, 
or  that  of  the  separated  [i.e.  individual]  States  of  this  Union,  or  any 
interference  directly  or  indirectly  of  such  foreign  states  with  such  concerns, 
upon  whatsoever  grounds  such  appeals  may  have  been  made,  or  by 
whatsoever  motives  that  interference  may  have  been  procured. 

I  am,  most  Rev.  and  Dear  Sir,  with  highest  respect  and  esteem, 

Your  ever  faithful  and  obedient  servant, 

DANIEL  BKENT, 
(1st  Clerk  of  the  Dept.  of  State.) 

Addressed :  To  the  Most  Rev.  Doctor  Ambrose  Marechal,  Archbishop 
of  Baltimore,  Baltimore. 

Md.-N.  Y.  Province  Archives,  14  July,  1822,  J.  Walsh,  Baltimore,  to  E. 
Fcnwiclc,  president,  Georgetown. — General  Archives  S.J.,  Angl.  Epist.,  2, 
epist.  gen.,  Tristram,  18  Feb.,  1823,  to  the  General.  Ibid.,  epist.  Stonyhurst, 
same  to  same,  2S  May,  1823.— English  College  Archives,  Rome,  Gradwcll 
Collections,  Baltimore  and  Quebec,  f.  138,  D.  Brent,  Washington,  20  Oct.,  1824, 
to  Marechal,  Baltimore. 

No.  207.  1824-1826. 

Brent,  Ironside :  answering  the  American  Government.      Views  of  the 
lawyers. 

A.  1824,  October  25. 

Marechal,  Baltimore,  25  Oct.,  1824,  to  Daniel  Brent,  Washington.  On 
It.  Taucijs  opinion,  in  the  issue  with  the  Government. 

DEAR  SIR, 

I  beg  you  to  accept  the  assurance  of  my  sincere  gratitude  for  the 
very  candid  and  obliging  manner,  with  which  you  have  had  the  goodness 
of  answering  my  letter.1  From  the  beginning  I  suspected  that  the  case 
had  been  placed  before  Mr.  Adams  under  a  very  improper  point  of  view. 
Your  letter  is  a  manifest  proof  of  it. 

When,  to  avoid  the  scandal  of  a  lawsuit,  I  resolved  to  submit  the 
decision  of  the  controversy  between  me  and  the  Jesuits,  as  a  matter  of 
conscience  and  natural  equity,  to  our  common  Superior,  His  Holiness 
Pius  VII.,  although  I  was  convinced  that  this  step  did  not  in  the  least 
degree  wound  the  supreme  and  independent  jurisdiction  of  the  United 
States,  however  for  greater  security  I  consulted  with  several  eminent  legal 
characters  upon  the  subject.  They  all  unanimously  assured  me  that  the 
course  I  intended  to  pursue  had  nothing  inconsistent  with  the  principles 
of  our  government.  Mr.  Roger  Taney,2  who  holds  so  eminent  a  rank 
among  the  lawyers  of  this  country,  was  particularly  of  that  opinion. 
Yesterday  that  amiable  and  excellent  gentleman  came  to  see  me  after 
Mass.  I  communicated  to  him  your  letter.  He  appeared  to  me  deeply 

1  No.  20G,  D. 

-  Cf.  No.  135,  A,  Prop.  21. 


1074    No.  207,  B,  C.     THE  AMERICAN  GOVERNMENT,  1824-1826       [VII 

afflicted  on  observing  the  false  colours  under  which  my  mode  of  pro- 
ceeding has  been  represented  to  Mr.  Q.  Adams.  He  spoke  on  the  subject 
with  so  much  force  and  precision  that,  as  he  was  terminating  the  con- 
versation, I  asked  him  whether  he  would  be  willing  to  give  me  his  opinion 
in  writing.  He  answered  that  he  would  do  it  with  pleasure.  As  soon  as 
I  receive  it,  I  will  transmit  it  to  you,  leaving  to  your  prudence  to  com- 
municate it  to  Mr.  Adams. 

You  say  that  you  would  be;  happy,  could  you  terminate  in  an  amical 
manner  the  existing  difference  now  existing  between  me  and  the  Jesuits. 
During  nearly  five  years  I  have  proposed  in  vain  to  them  every  mild 
means  I  could  think  of,  tending  to  that  blessed  end.  If,  however,  you 
find  out  and  propose  to  me  any  means  of  that  friendly  nature,  I  will 
certainly  never  reject  them — -whatever  might  be  the  advantage  I  would 
perceive  by  carrying  the  cause  before  the  courts  of  this  country. 

I  am  with  gratitude  and  respect,  Dear  Sir, 

Yrs.,  etc.,(;1) 

+A.  A.  B. 

B.  1824,  October  25. 

Marechal,  Baltimore,  25  Oct.,  1824,  to  Dzierozynski.  He  asks  for  the 
names  of  Jesuits  who  have  communicated  loith  the  American  Government. 

He  has  learnt  for  certain,  acquis  la  certitude,  that  members  of  the  Society  3 
have  represented  to  the  Secretary  of  State,  Q.  Adams,  the  mandate  of  his 
Holiness  as  an  encroachment  on  the  jurisdiction  of  the  United  States,  comme 
une  infraction  de  la  supreme  et  inclependante  jurisdiction  des  Etats  Unis. 
He  icanls  their  names ;  and  lie  wants  also  to  know,  lohether  this  step  was 
taken  with  Dzierozynski' s  knowledge  and  consent,  avec  votre  consentement 
et  approbation.  Useless  to  depict  the  dreadful  consequences  of  such 
behaviour,  les  consequences  tres  graves  qui  peuvent  resulter  d'une  sem- 
blable  demarche. 

C.  1824,  October  30. 

Marechal,  Baltimore,  SO  Oct.,  1824,  to  Dzierozynski.  He  insists  in 
his  demands. 

He  repeats  his  former  letter  of  five  days  before  about  investigating.  As 
to  Dzierozynski' s  saying  that  he  knows  nothing  whatever  about  it :  Fateor  me 
prorsus  ignorare,  Marechal  desires  him  to  inquire  of  Mr.  Marshall  [S.J.], 
or  Mr.  Matthews  [pastor  of  St.  Patrick's,  Washington],  or  still  better  of  Mr. 
David  [!]  Brent,  first  secretary  of  Mr.  Adams. 

Has  Dzierozynski  received  Father  General's  letter,  beginning.  "  Uti  ex 
postremis  Bae.  Vae.  litteris  spem  non  dubiam  cepimus.  .  .  ."?* 

(a)  Shea's  abbreviation. 

3  Tliis  denomination  of  the  parties  does  not  appear  in  Brent's  letter,  No.  206,  D. 
C/.  ibid.,  C.     This  letter  to  Dzierozynski  is  of  the  same  dale  as  Marechal' a  answer 
(supra,  A)  to  Brent. 

4  See  No.  208,  J.     C/.  Nos.  208,  G,  iiote  5  ;  210,  C,  Num.  I. 


§  i;]      No.  207,  D-F.     THE  AMERICAN  GOVERNMENT,  1824-1826     1075 

D.  1824,  November  4. 

MarecJtal,  Baltimore,  4  Nov.,  1824,  to  (Card.  Fesch). 
Review  of  the  situation.     See  No.  131. 

E.  1824,  November  6. 

MarecJtal,  Baltimore,  6  Nov.,  1824,  to  Gradwcll,  Rome.  Draft  of  the 
reply  to  be  mane  by  the  Cardinal  Secretary  of  State,  if  the  letter  of  the 
American  Secretary  of  State  is  sent  to  Rome. 

The  reply  might  be  that  it  icas  only  a  case  of  conscience  ;  that  the  Holy 
See  found  the  Jesuits  guilty  of  injustice,  and  ordered  reparation.  That  it 
was  the  Jesuits  who  made  use  of  the  Act  of  Assembly  and  rules  of  the  Corpora- 
tion ;  but  that  the  Holy  See  merely  observed  how  the  Jesuits  were  abusing 
these  pieces  to  cover  over  their  injustice.  The  Holy  See  had  no  intention  to 
impugn  the  validity  of  the  Charter  :  Apres  tout  la  reponse  clu  secretaire 
d'etat  de  S[«]  &[aintete]  est  facile,  si  la  lettre  de  Q.  Adams  est  envoyee. 
Apres  ses  [?]  compliments  au  gouvernement  Arnericain,  il  pouroit  seule- 
ment  dire  que  Mgr.  1'arch.  de  Baltimore  s'est  plaint  a  S.  S.  d'une  injustice 
des  Jesuites  a  son  egard  ;  que  S.  S.  a  fait  examiner  la  cause  comme  un 
cas  de  conscience  et  d'equite  naturelle ;  et  qu'elle  a  prononce  les 
Jesuites  coupables  d'injustice  et  leur  a  ordonnee  de  la  reparer.5  Qu'a  la 
verite  les  Jesuites  ont  produit  1'acte  6  et  les  reglements  de  leur  Corpora- 
tion. Mais  que  S.  S.  a  observe  qu'ils  lie  fesoient  usage  de  ces  pieces  que 
pour  couvrir  le  tort  qu'ils  font  a  Mgr.  1'arch.  ;  que  S.  S.  n'a  point  cherche 
a  blesser  la  validite  de  cet  acte  civil.  If  the  Jesuits  refuse  to  obey,  the 
Holy  See  will  regard  them  as  merely  American  citizens,  and  ivill,  at  its 
discretion,  withdraw  their  "  spiritual  privileges  and  faculties" 

F.  1824,  November  12. 

Marechal,  Baltimore,  12  Nov.,  1824,  to  Gradwell,  Rome.  The  Maryland 
Government  and  the  Brief. 

He  has  heard  that  his  adversaries  have  approached  the  Governor  of  Mary- 
land •  the  prejudice  done  to  the  Holy  See  :  A  ce  que  j'ai  entendu  il  y  a 
quelques  jours,  ils  ont  travaille  de  meme  aupres  du  gouverneur  du  Mary- 
land. Ces  incroyables  demarches  ne  peuvent  exciter  une  persecution 
centre  la  religion  catholique,  mais  tendent  a  faire  des  impressions  tres 
facheuses  contre  le  St.  Siege  dans  1'esprit  des  officiers  du  gouvernement, 
qui  en  general  sont  protestants.  He  icill  accept  of  §1000  a,  year,  with  all 
arrears  "  since  the  day  of  my  consecration."  Otherwise  his  resignation  must 
follow ;  and  the  Sec  of  Baltimore  cease  to  be  : 7  Si  le  St.  Siege  exige  que 
je  renonce  a  tous  mes  droits.  je  le  ferai  sans  murnmre.  Mais  alors  je 
vous  prie  de  le  preparer  a  recevoir  la  demission  de  mon  siege;  ce  qui 

5  Cf.  No.  205,  A,  the  Brief. 

0  Cf.  No.  116,  C,  p.  406,  ante  mod. ;  p.  402,  Num.  III. 

7  Cf.  No.  131,  2,  p.  519. 


1076     M.  207,  G-K.     THE  AMERICAN  GOVERNMENT,   1824-1826       [VII 

equivaudroit  a  une  destruction  du  siege  lui-meme.  Car  je  ne  vois 
pas  comment  un  archeveque  poura  jamais  1'administrer,  tant  qu'il  sera 
prive  des  petits  reveuus  que  je  reclame  et  qui  lui  appartiennent  a  tant  de 
titres.  Development  of  the  subject.  Jesuit  privileges.  Reference  to  Jiis 
letter,  4  Nov.,  1824,  addressed  to  Fesch."  Hans  ;  compliments,  particularly 
to  Wiseman :  Mille  compliments  a  tons  vos  semiriaristes,  et  particuliere- 
ment  a  Mr.  Wiseman. 

G.  1824,  November  13. 

Marechal,  Baltimore,  13  Nov.,  IS 24,  to  Dzierozynski.      On  the  publica- 
tion of  the  Brief  in  newspapers. 

A  respectable  person  of  the  congregation,  P.  Laurenson,  has  just  told  him, 
that  by  a  letter  received  yesterday  from  Mr.  Matthews  he  learns  of  the 
imminent  publication  by  two  editors  of  Washington — in  Adams'  paper  and  in 
the  National  Intelligencer — of  an  account  of  Marechal' s  unhappy  difference 
with  the  Jesuits,  du  different  qui  malheureusement  existe  entre  moi  et  vos 
sujets ;  and.  that  the  same  gentlemen  are  going  to  publish  also  the  Brief  of 
Pius  VII.  both  in  Latin  and  in  English.  The  archbishop  cries  out  against 
the  enormous  scandal  threatening  the  Church,  le  scandale  enorme  dont  Mr. 
Mathews  marque  que  1'figlise  est  menacee  .  .  .  source  de  douleur, 
nouvelle  affligeante  !  It  concerns  Dzierozynski  more  than  himself.  Can  he 
avert  the  blow  'which  is  thus  preparing  in  secret  ? 

H.  1824,  (November  13-24). 

Dzierozynski,  a.d.,  to  (Marechal).  The  information  leaks  out  to  the 
public  through  others  than  Jesuits.  He  offers  to  compound  with  Marechal. 

He  has  used  and  will  use  all  possible  means  to  obviate  any  evil  on  the 
part  of  the  Jesuits,  by  preventing  them  from  taking  any  part  whatever  in 
propagating  rumours,  or  countenancing  measures.  But  he  cannot  answer  for 
others  non-Jesuit,  who  somehow  learn  evcri/thing  that  the  archbishop  receives 
from  Home,  spread  the  news  and  add  their  reflections,  which  are  not  calcu- 
lated to  do  any  good.  See  No.  132,  note  3. 

Dzierozynski  offers  $1000  a  year,  on  a  certain  condition  regarding  the 
Corporation's  gift  of  property  to  the  archbishop's  cathedral.  See  No.  94,  C. 

J.  1824,  November  24. 

Marechal,  Baltimoie,  24  Nov.,  1824,  to  Dzierozynski. 
Answer  to  the  foregoing.     See  No.  94,  D. 

K.  1824,  December  20. 

D.  Brent,  Washington,  20  Dec.,  1824,  to  Marechal.  He  admits  Mr. 
Taney's  opinion  on  the  political  aspects  of  the  question.  It  is  the  same  as 
that  on  which  action  has  been  taken. 

8  No.  131. 


§  i;]      No.  207,  L.     THE  AMERICAN  GOVERNMENT,    1824-1826       1077 

MOST  REV.  AND  DEAR  SIR, 

I  duly  received  the  letter  which  you  wrote  to  me  on  the  8th 
inst.,  together  with  the  interesting  opinion  of  Mr.  Roger  B.  Taney,9 
which  came  included  in  it,  in  relation  to  the  unpleasant  controversy 
between  you  and  the  Jesuits.  Mr.  Adams  has  not  yet  written  to  the 
government  of  the  Holy  See  upon  that  subject,  nor  do  I  believe  that  he 
will  write,  though  he  has  been  again  sollicited,  as  I  stated  to  you,  to  do 
so.  If  he  should  determine  to  write  he  will  certainly  apprize  me  of  his 
purpose ;  and  in  that  case  I  will  have  great  pleasure  in  laying  before  him 
the  opinion  of  Mr.  Taney.  In  the  mean  time  I  think  it  not  amiss  to 
state,  that  the  gentlemen  of  the  clergy  who  sollicit  the  interposition  of 
this  Government  have  never  expressed  any  apprehension  whatsoever,  that 
the  Holy  See  could  or  would  eventually  interfere  in  any  other  way  than 
that  suggested  by  Mr.  Taney  ;  but  they  nevertheless  have  all  along 
insisted,  that  this  very  course  would  be  a  most  dangerous  assumption  of 
jurisdiction  in  a  matter  not  at  all  appertaining  to,  or  at  all  cognizable  by, 
the  Heads  of  the  Church — which  ought,  if  possible,  be  prevented  by 
candid  and  friendly  representations  and  explanations  on  the  part  of  this 
Government ;  and  that  such  a  course  on  the  matter  in  question  (the 
administration  of  temporal  concerns  for  the  advancement  of  religion  by  a 
Corporation,  deriving  its  existence  from  an  act  of  the  State  of  Maryland, 
and  exercising  a  sound  discretion  in  the  administration  of  these  concerns) 
by  means  of  ecclesiastical  admonitions,  censures,  interdictions  or  other- 
wise, or  by  menaces  of  such,  on  the  part  of  the  Supreme  Pontiff,  might 
lead  to  other  assumption  of  authority  equally  or  more  repugnant  to  the 
character  of  all  our  institutions  and  laws — and  upon  these  grounds,  and 
these  alone,  as  they  allege,  with  a  view  to  obviate  such  interference,  have 
the  good  offices  of  the  Secretary  of  State  been  invoked  by  them. 

I  remain,  Most  Rev.  and  Dear  Sir,  with  perfect  esteem  and  respect, 

Your  faithful  and  obedient  Servant, 

DANIEL  BRENT. 

L.  1824,  December  21. 

Marechal,  Baltimore,  21  Dec.,  1824,  to  Card.  Delia  Somagliq. 

Review  of  the  situation.     See  No.  132.10 

9  Infra,   O.     The  date  affixed  there,  11   Jan.,  1826,  was  probably  attacJied   by 
Marechal,  connecting  it  with  the  letter,  15  Jan.,  1826,  which  it  accompanied  (see  No. 
135,  A,  Prop.  22,  p.  556). 

10  Accompanied,  as  -usual,  with  a  letter  to  Gradwell,  20  Dec.,  containing  supple- 
mentary observations  and  suggestions,  which,  as  a  rule,  are  re-echoed  under  some  form 
or  other  in  Gradwell' s  letters  to  Marechal.     So  too  Gradwell' s  suggestions  return  in 
the  answers  from  Baltimore  to  Rome.     On  this  occasion,  Marechal  acknowledges  the 
receipt  of  the  new  Ponenza  (1824),  second  in  the  series  (cf.  No.  210,  B).     As  to  the 
C.  Neale-B.  Fenwick  Memorial  (No.  184,  C),  he  says  it  is  not  C.  Neale's  composition; 
"  it  is  in  part  a  romance"  and  would  require  a  volume  to  refute  it :  La  pi6ce  attribute 
au  P.  Ch.  Neale,  page  20,  n'est  point  son  ouvrage.     C'est  en  partie  un  roman.     II 
faudroit  un  volume  pour  le  refuter ;   encore  auroient-ils  recours  a  d'autres  fables. 
(English  College  Archives,  Borne,  Gradwell  Collections,  Baltimore  and  Quebec,  f.  153.) 


1078      No.  207,  M,  N.     THE  AMERICAN  GOVERNMENT,  1824-1826     [VII 

M.  1824,  December  29. 

Marechal,  Baltimore,  29  Dec.,  1824,  to  Mr.  D.  Brent.  He  asks  for  (he 
names  of  those  wlio  have  communicated  with  the  Government. 

DEAR  SIR, 

I  had  the  pleasure  of  receiving  your  letter  of  the  20th  inst.,n 
and  I  thank  you  again  for  the  amiable  candour  with  which  you  express 
yourself  to  me. 

I  will  not  here  refute  the  principle  of  my  adversaries,  that  Govern- 
ment ought  to  impede  the  exercise  of  spiritual  authority  pronouncing  its 
judgment  upon  the  morality  or  immorality,  the  natural  justice  or  in- 
justice of  a  civil  transaction,  even  when  it  does  not  hurt  any  right  of 
citizens,12  lest  this  exercise  might  lead  to  the  assumption  of  authority 
repugnant  to  our  institutions.  I  only  wonder  how  they  dared  to  utter 
such  a  principle  before  the  officers  of  this  free  Government. 

Will  you  permit  me  to  ask  you  a  favour?  I  do  not  know  any  one  of 
those  who  applied  to  our  Executive.  It  is  however  extremely  important 
to  me  to  be  informed  of  the  names  of  those  who  made  such  an  application. 
Can  you,  consistently  with  the  duty  of  your  office,  transmit  their  names 
to  me  1  Any  condition  you  may  please  to  lay  on  me  as  to  the  use  I 
might  make  of  your  communication  will  be  respected  as  sacred. 

I  remain  with  respectful  consideration  and  esteem,  Dear  Sir, 

Yrs.,  etc.,(b) 

A.  A.  B. 

To  Mr.  D.  Brent. 

N.  1825,  December  16. 

George  E.  Ironside,13  Department  of  State,  Washington,  16  Dec.,  1825,  to 
Father  Fortis,  General  of  the  Society. 

Department  of  State,  Washington,  16  Dec.,  1825. 
RIGHT  REVEREND  FATHER, 

It  is  with  the  greatest  satisfaction  that  I  have  annexed  the 
Certificate  and  Seal  of  the  Secretary  of  State  of  the  United  States  of 
America  to  the  accompanying  Acts  of  the  Legislature  of  the  State  of 

(b)  Shea's  ablreriation. 

11  Supra,  K. 

12  This  enunciation  of  the  adversaries'  principle  does  not  agree  with  Brent's  state- 
ment of  it  in  the  letter  which  is  being  ansivered  (see  supra,  K). 

is  ironside,  first  a  Protestant  minister,  then  a  Catholic,  and  schoolmaster  in  the 
house  intended  for  the  Jesuit  Seminary  at  Washington  (cf.  No.  119,  p.  456),  obtained 
later  his  present  position,  which  lie  describes  as  follows  to  the  American  Jesuits  in 
Italy :  .  .  .  I  am  and  have  been  for  three  and  a  half  years  Under  Secretary  of 
State  of  the  U.S.  for  Foreign  Affairs,  and  translator  of  foreign  languages  for  Uncle 
Sam,  with  a  salary  of  $1750  a  year.  At  this,  I  know,  you  will  be  glad.  I  still  jog  on 
in  the  old  fashion,  and,  if  I  had  not  been  compelled  to  be  mouthpiece  of  our  con- 
gregation at  the  present  time,  I  should  have  been  able  to  have  written  you  a  rational 
letter  .  .  .  (Md.-N.  Y.  Province  Archives,  1824,  May  11,  G.  E.  Ironside,  Washington, 
to  Rev.  George  Fenwick,  Favoured  by  F.  Kohlmann.) 


§  i;]  Nos.  207,  0;  208.     THE  ROMAN  COLLEGE  FUNDS,   1823-1825    1079 

Maryland.14     Ironside   then  reviews  the  Mareclial  claims  with  considerable 
heat,  and  in  language  not  always  parliamentary.^ 

0.  1826,  January  11. 

It.  Jj.  Taney,  11  Jan.,  1826,™  on  the  legality  of  Marerhal's  claims  being 
complied  icith  l>y  the  Jesuit. «. 

He  rehearses  the  issue  (as  presented  to  him  l>y  Marecltdi),  and  shoivs  that 
there,  is  no  legal  difficulty  in  the  way  of  the  Jesuits  either  delivering  an  estate 
to  Mareclial,  or  patjiiiij  him  an  annual  revenue. 

Signed  :  R.  B.  TANEY. 

I  concur  entirely  in  the  above  opinion. 

Jan.  11,  1826. 

JOHN  [?]  SCOTT. 

Endorsement,  copied  (from  Marechal's  original17),  giving  the  status  of  the 
two  lawyers,  one  a  Maryland  senator  before,  the  other  enjoying  the  same 
dignity  now  :  Autheiiticuin  testiraonium  duorum  jurisperitorum  sua  in 
legibus  Americanis  scientia  celeberrimorum  ;  quorum  unus  fuit  per  plures 
annos  senator  in  legislatura  Marylandiensi,  alter  eodem  honorabili  officio 
nunc  fungitur. 

Georgetown  College  Transcripts,  1824,  Oct.  25,  Marechal,  Baltimore,  to  D. 
Brent,  Washington ;  a  Shea  copy,  from  Bp.  Marechal's  Letter  Book.  Ibid.,  1824, 
Dec.  29,  same  to  same ;  a  Shea  copy  from  same  source.— Ibid.,  Shea's  abstracts 
of  Marechal,  1S24,  Oct.  15  (25  ?),  Nov.  13,  Nov.  24,  to  Dzierozynski—Hd.-N.  Y. 
Province  Archives,  1824,  Oct.  25,  Marechal,  Baltimore,  to  Dzierozynski ;  2 
pp.  4to.  Ibid.,  1824,  30  Oct.,  same  to  same;  3  pp.  4to.  Ibid.,  1824,  Nov.  13, 
same  to  same  ;  2 pp.  4to.  Ibid.,  1824,  (Nov.  13-24),  Dzierozynski  to  Marechal; 
a  draft. — English  College  Archives,  Borne,  Gradwell  Collections,  Baltimore  and 
Quebec,  f.  143,  Marechal,  Baltimore,  6  Nov.,  1824,  to  Gradwell,  Borne.  Ibid., 
ff.  147,  148,  12  Nov.,  1824,  same  to  same.  Ibid.,  f.  151,  Brent,  Washington. 
'20  Dec.,  1824,  to  Marechal.  Ibid.,  ff.  210,  211,  opinion  of  R.  B.  Taney  and 
John  (?)  Scott,  Jan.  11,  1826 ;  a  copy. — General  Archives  S.J.,  Maryl.  Epist., 
6,  Hi.,  G.  E.  Ironside,  16  Dec.,  1825,  to  the  General. 

No.  208.  1823-1825. 

The  Eoman  College  funds :  proposal  to  iinpropriate  them  for  the 
mensa  of  Baltimore.1  Third  and  last  stage  of  the  Marechal 
controversy  with  the  Jesuits.  The  statements  here  in  Gradwcll's 
reports  to  his  patron  not  always  agreeing  with  the  official  acts 
which  he  purports  to  relate,  we  give  the  series  of  official  documents. 
Tlie  abortive  state  of  the  claims  made  heretofore  led  to  the  design 
of  procuring  a  subsidy  for  Baltimore  from  the  funds  assigned  ~by 

14  Cf.  Nos.  135,  A,  note  41 ;  140,  note  1. 

15  On  tlie  Feast  of  the  Blessed  Trinity,  1826,  the  General  sends  a  paternal  answer 
to  "  two  letters  "  of  Ironside's.     (General  Archives  S.J.,  Epist.  R.  P.  N.  Fortis,  Lib.  IV. 
pars  1,  No.  781.)    The  former  letter  of  Ironside's  (12  June,  1825)  had  been  no  less  drastic 
in  its  style  than  this.      (Ibid.,  Maryl.  Epist.,  3,  i.)     Cf.  No.  184,  note  25. 

1U  As  to  this  date,  see  supra,  K,  note  9. 
17  See  No.  135,  A,  Prop.  22,  p.  556. 
1  Cf.  No.  135,  A,  Prop.  23,  p.  557. 


1080      No.  208,  A-C.     THE  ROMAN   COLLEGE  FUNDS,   1823-1825       [VII 

the  Pope  for  the  maintenance  of  the  Jesuit  College  in  Home,  now 
restored  to  the  Society. 

A.  1823,  November  7. 

The  General,  7  Nov.,  1823,  to  Francis  Neale,  successor  pro  tern,  of 
C.  Neale,  Superior,  deceased.  Appointment  of  DzierozynsTci ;  measures  to 
be  taken.  Abstract  from  the  Latin. 

1.  Father   Francis    Dzierozynski  has   been   appointed,  as   announced  in 
letters  already  sent  by  the  Secretary,  KorycJci.2 

2.  Observations  on  the  qualities  required  in  a  Superior,  irrespective  of 
nationality  or  of  talents  ivhich  make  one  conspicuous  in  the  eyes  of  the  world. 

3.  Three  measures  to  be  taken;  already  absolutely  enjoined  on  the  new 
Superior :    (1)  Obedience  to  the   Brief:    Ut   res   vestras  juxta  praecepta 
Pontificis  S.M.  Pii  VII.,  et  nostra,  cum  Archiep?  Baltimorensi  componatis, 
cum  S.  Congreg?  de  P.F.  et  nostra  satisfactione.     An  exhortation  "  to  slwiv 
all  benevolence  and  reverence "  in  dealing  with  bishops.     (2)  The  executing 
a  conveyance  of  the   Corporation's  trust  to  the  Society.     Otherwise,  if  they 
continue  to  hold  and  administer  the  property,  as  true  "  owners"  they  cannot 
be  recognized,  by  the  General    as   religious,  "  much  less  as  religious  of  the 
Society."     It  is  a  grave  obligation  in  conscience.     (3)  No  stipends  or  alms  to 
be   received  for  the  ministries,  or  for   tuition   in  the  schools ;    the  Catholic 
Seminary  of  Washington.     Some  items,  and  further  exhortation. 

B.  1823,  December  4. 

Mgr.  Pietro  Caprano,  Archbishop  of  Iconio,  Secretary  of  the  Propaganda, 
4  Dec.,  1823,^  to  the  General.  Italian. 

On  Oct.  1,  1823,  the  Propaganda,  having  been  informed  that  the  Brief, 
"  relative  to  the  division  of  property  "  between  Marechal  and  the  Maryland 
Jesuits,  had  not  yet  been  put  in  execution,  desired  to  have  in  writing  an  account 
of  such  information  upon  the  subject  as  may  have  come  to  hand. 

C.  1823,  December  6. 

The  General,  6  Dec.,ih)  1823,  to  Caprano.  Statement  on  the  situation. 
Italian. 

1°.  The  papers  received  show  that  the  documents  had  reached  the  hands  of 
the  Jesuit  missionaries  in  Maryland ;  to  idt,  the  Brief,  and  the  General's 
letter,3  which  he  had  read  himself  to  Pius  VII.,  and  which  the  Propaganda 
had  approved. 

(a)  The  original  is  distinctly  4  Otte     1823.     Hut  the.  General,  in  his  reply  (infra,  C),   legins  by 
observing  that  "  the  context "  shows  his  Excellency's  letter  ^vas  '•dated  Wi  of  the  current  December." 

(b)  Here  in  the  Register,  the  date  is  given  6  Nov. ;  a  mistake  of  the  amanuensis,  as  tlie  context  shows. 
See  note  (a). 

2  Aug.  4,  1823,  four  letters  in  Korycld's  hand,  to  Dzicrozynski,  Kohtmann,  F. 
Neale,  Epinette.     A  third  redaction  of  the  same  letters  appears  finally  under  the  date 
of  13  Aug.     (General  Archives  S.J.,  Epist.  Vicariorum  et  Generalium,  1783-1825,  pp. 
303,  304.— Ckartophylacium  P.  Korycki,  pp.  94,  97-98,  101,  102.) 

3  C/.  No.  122,  A. 


§  i;]     No.  208,  D-G.     THE  ROMAN  COLLEGE  FUNDS,   1823-1825     1081 

2?-5°  Diites  and  description  of  the  papers,  chiefly  Kohlmann's  and 
FenwicJc's.  The  originals,  an  authentic  copy  and  a  translation  from  the 
English,  herewith  submitted. 

G?  The  General  has  been  heretofore  prevented  from  communicating  the 
aforesaid,  because  of  the  clause  in  the  Brief,  that  no  appeal  against  it  was 
allowed  before  it  was  executed:  perche  nel  Breve  non  e  permesso  di 
reclaraare  se  non  dopo  che  const!  dell'  esecuzione  di  cio,  che  e  stato  dal 
Breve  medesimo  e  dalla  mia  lettera  comandato. 

7",  8"  He  has  discovered  that  he  has  no  authority  over  the  Corporation. 
The  Jesuits  are  members  thereof  only  as  American  citizens. 

9'.'  He  professes  that  he  will  execute  any  orders  from  Leo  XII.  with  the 
same  fidelity  with  which  he  carried  out  the  commands  of  Pius  VII. 

D.  1823,  December  20. 

Caprano,  20  Dec.,  1823,  to  the  General.  He  returns  original  papers  to 
the  General.  Italian. 

Having  had  a  copy  taken  of  the  Latin  papers,  and  retaining  the  transla- 
tion from  the  English,  he  returns  all  the  originals.4 

E.  1824,  June  9. 

Caprano,  9  June,  1824,  to  the  General.  A  new  conference  to  be  held 
with  his  Paternity.  Italian. 

His  Holiness  has  approved  of  a  decree  made  by  the  Propaganda,  10  May, 
1824,  dcput'inff  a  special  committee,  Cardinals  Castiglione  and  De  Gregorio, 
to  confer  with  his  Paternity  on  the  execution  of  the  Brief. 

F.  1824,  June  12. 

Tlte  General,  12  June,  1824,  to  Caprano.     Italian. 

Acknowledgments,  and  profession  of  devotion  in  being  at  the  service  of  the 
two  Cardinals  named. 

G.  1824,  June  19. 

Two  memorials  consigned  by  the  General,  19  June,  1824,  to  Cardinals 
Casti<iJi<»ie  and  De  Gregorio.  Discussion  of  the  situation,  and  of  measures 

possible.     Italian. 

Memoria  I"!'1 

1.  His  antecedent  execution  of  orders. 

2.  A    debt    of  4000   scudi    having   been   contracted   by   the   Maryland 
Corporation  in  Home  for  the  maintenance  of  the  American  scholastics,  he  has 
demanded  nothing,  so  that  other  heavy  debts  incurred  by  the  same  might  be 
defrayed,  and  Marechal's  claim  be  satisfied.    See  No.  135,  A,  note  35,  ad  Jin. 

3.  He  has  appointed  a  new  Superior,  "  a   European,"  ordering  him  to 
execute  the  Brief. 

4  Cf.  No.  210,  B,  the  second  printed  Ponenza,  which  reprod^lces  several  of  there 
documents. 

VOL.    I.  4   A 


1082       No.  208,  H.     THE  ROMAN  COLLEGE   FUNDS,   1823-1825          [VII 

4.  He  lias  enjoined  the  cession  of  the  property  by  the  Corporation,  so  that 
the  General  may  be  able  to  dispose  of  the  property  according  to  the  tenor 
of  the  Brief. 

Mernoria  Seconda. 

Difficulties  of  proceeding  further  in  the  present  state  of  affairs. 

The  way  of  authority  not  practicable ;  for  the  civil  Corporation  is  not 
subject  to  the  General,  If  the  individuals  of  the  Corporation  mere  commanded 
to  obey  under  pain  of  dismissal  from  the  Society,  the  results  would  be  : 
1?  great  scandal;  2°  the  loss  of  the  property,  which  would  remain  in  the 
hands  of  the  civil  Corporation,  and  of  which  Marechal  would  be  unable  to 
obtain  anything  ;  3°  the  recall  to  Em-ope  of  the  Jesuits  left  without  means  of 
support.6 

The  way  of  persuasion  is  not  likely  to  prove  very  effectual,  if  no  regard  be 
had  to  the  difficulties  under  which  the  Americans  labour.  From  their  papers 
already  communicated  to  the  Secretary  of  the  Propaganda  it  appears  that 
(7)  the  estate  assigned  to  Marechal  is  in  value  and  income  about  one-third  of 
all  that  they  possess ; li  (2)  deprived  of  it,  they  must  liquidate  all  the  rest 
to  satisfy  creditors. 

The  General  professes  his  readiness  to  execute  any  orders  ;  to  give  up  not 
only  White  Marsh,  but  everything,  and  to  recall  from  America  all  the 
Jesuits  there,  especially  the  Europeans,  who  do  not  enter  into  the  Corporation. 

H.  1824,  August  5. 

Gradwell,  Rome,  5  Aug.,  1824,  to  Marechal,  Baltimore.  His  version  of 
the  decree,  reported  (infra,  J)  by  the  Secretary  of  the  Propaganda. 

The  conference  between  the  two  Cardinals  and  the  General.  The 
result  of  their  Eminences'  deliberations  and  the  substance  of  Cardinal 
Fesch's  letter  [to  Marechal]  is  that  the  Jesuits  of  Baltimore  shall  pay 
your  Grace  at  the  rate  of  1,000  crowns  a  year  with  arrears,7  till  you 

5  Cf.  No.  131,  note  9.  A  confused  echo  of  this  paragraph  seems  to  have  reached 
Father  Beschter  in  Baltimore  from  the  Rev.  Mr.  Whitfield  : 

Beschter,  Baltimore,  14  Dec.,  1824,  to  Dzierozynski,  Georgetoivn.  .  .  .  The  Rev. 
Mr.  Tessier  [S.S.]  paid  me  a  visit  to-day,  and  I  had  a  long  conversation  with  him 
about  our  affairs  with  Abp.  He  said,  that  it  was  really  a  distressing  thing  to  see 
that  the  Abp.  had  no  kind  of  support ;  we  talked  over  the  act  of  the  Corporation,  the 
acquisition  of  the  property,  and  of  the  spirit  of  the  law  to  preserve  it.  I  believe  to 
have  proved  to  him  that  it  could  not  be  considered  Ecclesiastical  property,  more 
than  their  own  property  (cf.  No.  197).  Further  discussion.  I  told  him  that  Mr. 
Whitfield  had  come  to  me  to  inform  me  that  the  letter  of  our  G[enera]l  mentions, 
that  those  who  are  in  congregations,  and  would  not  submit  to  his  order,  were  con- 
sidered to  be  no  more  of  the  Society,  that  in  that  way  they  remain  under  the 
jurisdiction  [of  Marechal  ?] ;  that  I  answered,  in  that  case  I  would  immediately 
leave  the  congregation  and  return  to  Europe.  To  be  sure,  said  Mr.  Tessier,  a  Jesuit 
would  not  fall  of  so  easily  from  his  Order,  or  leave  it ;  but,  said  he,  things  will  not 
go  so  far.  Further  items.  Father  N.  Sewall,  England,  3  and  13  Oct.  last,  on 
Whitfield.  (Md.-N.  Y.  Province  Archives,  1824,  Dec.  14,  Beschter  to  Dzierozynski; 
3  pp.  4to.)  Cf.  No.  207,  C,  ad  fin. 

6  Cf.  No.  135,  A,  note  36. 

7  With   arrears :    this  is  not  found  in  any  documents,  except   QradwelVs   and 
Marcchal's.     Cf.  infra,  J. 


§   I?']        No.  208,  J.     THE  ROMAN  COLLEGE  FUNDS,   1823-1825       1083 

are  actually  in  possession  of  the  farm  ;  the  Brief  remaining  still  in  force, 

but  its  operation  suspended  till  the  S.  Congregation  can  ascertain 

of  what  the  Fathers  have  advanced  -  -  -  nation  of  White  Marsh  would 
ruin  their  Society.  Father  Fortis  is  well  satisfied  with  this  decision.  I  do 
not  view  it  with  any  complacency.  It  betrays  a  want  of  firmness.  It  is 
rnilk  and  water.  I  do  not  expect  that  the  Jesuits  will  pay  the  money  ; 
while  the  delay  will  enable  them  to  strip  the  farm  and  reduce  it  to  half 
its  value. 

Indeed,  the  Society  carries  all  before  it  here ; 8  by  means  of  Cardinals 
Pacca,  Severoli,  Castiglione,  Galeffi,  Guerrieri,  Cavalchini,  and  a  few 
other  enthusiasts  in  power,  who  daily  surround  and  lecture  the  Pope,  it 
possesses  great  influence  over  the  government  itself ;  and  deters  the 
Congregation  [of  the  Propaganda]  from  doing  straightforward  justice 
where  the  interests  of  the  Society  are  concerned.  Cardinal  Fesch  has 
clone  all  that  it  was  in  his  power  to  do  :  nor  have  I  neglected  any 
opportunity  of  furthering  the  ends  of  speedy  and  more  substantial  justice 
to  the  See  of  Baltimore. 

Quebec;  Montreal.  The  Pope's  health  and  his  system  of  government 
improving.  The  machine  of  government,  which  at  first  jolted  awkwardly 
and  astonished  every  body  has  taken  a  smoother  and  more  peaceful  track. 
The  first  obnoxious  measures  have  been  all  abandoned,  except  the 
restoration  of  the  Collegio  Gregoriano  [the  Roman  College]  (which  will  be 
effected  in  autumn)  to  the  Jesuits.  On  the  progress  of  the  English  College  ; 
Wiseman's  public,  act  in  the  church  of  St.  Ignatius.  Gradwell  begs  his 
compliments  to  Dr.  "VVhitfield. 

J.  1824,  August  14. 

Caprano,  14  Aug.,  1824,  to  the  General.  The  neia  decision  of  the  Pro- 
paganda in  the  premises.  Italian. 

On  July  26,  the  Propaganda  considered  the  result  of  the  conference  held 
between  the  two  Cardinals  and  Fortis  (cf.  supra,  E-G)  ;  also  the  tenor  of  the 
letter  sent  by  the  General  1  July,  to  the  Maryland  Jesuits.9  Decision  of  the 
Propaganda,  (1)  on  the  substitution  of  $1000  a  year,  il  pagamento  di  mille 
talleri  da  darsi  all'Arcivescovo ;  (£)  on  the  stability  of  the  Brief  and  its 
provisions  ;  (5)  on  allowing  a  term  of  six  months  for  the  Maryland  Jesuits 
to  make  representations.  Cf.  No.  132,  note  5. 

8  Cf.  No.  215,  B,  ad  note  11. 

9  Cf.  Nos.  133,  A,  note  4 ;  207,  C ;  210,  C,  Num.  I.     A  copy  of  this  letter,  dated 
1  July,  (1S24),  would  seem  to  have  been  communicated  to  Marechal,  no  doubt  by  the 
Propaganda.     Cf.  No.  210,  C,  Num.  III.    Hence  follows  a  discussion  in  November, 
1824,  betiveen  Dzierozynski  and  Marechal,  on  the  payment  of  $1000  a  year  to  the 
latter.     See  No.  207,  H,  J.     To  Marechal' s  receipt  of  the  copy  (the  General,  1  July,  to 
Dzierozynski)  Beschter  seems  to  refer,  5  Nov.,  1824,  when  he  writes  to  Dzierozynski, 
that  news   had  been  received   by   the  archbishop  from   Borne  (Md.-N.  Y.  Province 
Archives,  1824,  Nov.  5) ;  and  again,  in  his  letter  of  14  Dec.,  1824,  to  the  same,  where 
he  reports  the  account  given  and  the  inference  drawn  by  Mr.  Whitfield  from  the  letter 
of  our  G[enera][  (supra,  G,  note  5). 


1084     No.  208,  K,  L.     THE   ROMAN  COLLEGE  FUNDS,   1823-1825      [VII 

K.  1824,  August  17. 

Tie  General,  11  Aug.,  1824,  to  Caprano.    Italian. 

Acknowledgments.  On  next  Saturday,  lie  will  communicate  to  tlie  Americans 
the  contents  of  the  Secretary's  letter,  and  order  them  to  execute  everything 
most  exactly,  che  tutto  a  puntino  si  eseguisca. 

L.  1825,  January  2. 

Gradwell,  Rome,  2  Jan.,  1825,  to  Marechal,  Baltimore.  He  lias 
suggested  that  the  Roman  College  funds  le  expropriated  for  the  service  of 
the  Baltimore  mensa. 

Several  letters  of  Marechal's  have  come  to  hand  on  divers  matters  during 
the  last  three  weeks,  and,  above  all,  respecting  the  conduct  of  the  Jesuits  in 
Maryland.  .  .  .  But  the  matter  of  most  importance  is  the  turbulence  of 
the  Jesuits.  I  received  your  Lordship's  letters  on  this  subject  including 
that  of  Mr.  Brent,  two  days  after  the  late  Congregation  of  Propaganda. 
I  communicated  them  all  the  same  day  they  arrived  to  Card.  Fesch,  Card. 
Gregorio  and  Mgr.  Caprano  ;  and,  at  their  request,  translated  Mr.  Brent's 
letter  into  Italian.  They  excited  sentiments  of  pity  and  indignation. 
I  do  not  make  much  account  of  what  Card.  Gregorio  says  at  the  moment, 
as  his  pettifogging  Uditore's  vote  may  change  his  sentiments  to-morrow. 
But  Card.  Fesch  and  Mgr.  Caprano  think  for  themselves.  Card.  Fesch 
would  have  the  refractory  expelled  the  Order ;  he  thinks  your  Grace  is 
making  too  great  sacrifices  10  for  the  sake  of  peace  ;  and  is  very  discontent 
with  the  slow  march  of  Propaganda  in  this  business.  He  referred  the 
whole  matter  in  a  good  speech  to  the  General  Congregation  of  Propaganda, 
Dec.  23,  in  which  he  spoke  feelingly  of  the  ill  usage  which  your  Grace  is 
receiving  from  these  pretended  religious  who  are  making  a  traffic  of 
religion  ;  and  behaving  as  ill  to  the  Pope  as  to  their  Archbishop.  The 
Cardinal  said  :  "  Ces  Messieurs  n'ont  ni  foi  ni  loi ;  et  cependant  ils 
ont  ici  leurs  partisans."  n  I  have  also  been  with  Cardinal  Somaglia  and 
the  Pope  to  complain  of  the  knavery  of  their  application  to  Mr.  Adams  ; 
and  to  suggest  the  best  means  of  meeting  his  letter.  Father  Marshall  is 
not  yet  arrived.12  I  conceive  he  will  be  disappointed  in  his  reception. 
Father  Kohlman,  who  is  now  professor  of  divinity  in  the  Roman  College, 
has  been  presented  to  the  Pope ;  but  I  have  not  heard  anything  about  the 
Atlas.  After  the  delay  of  surrendering  White  Marsh,  I  conceive  very 
well  that  it  is  designedly  impoverished  and  delapidated,  and  that  the  sum 
which  you  consent  to  accept  in  lieu  of  it  may  be  preferable.  But,  after 
what  we  have  seen,  I  have  no  faith  that  those  Jews  will  any  more  part 
with  the  money  than  with  the  land.  I  have  suggested  a  plan  very 
earnestly,  which  if  accepted  would  prove  effectual.  The  Pope  gives 
12,000  crowns  a  year  to  the  General  of  the  Jesuits,  for  the  direction  of 

10  In  offering  to  accept  $1000  or  $1200  a  year. 

11  That  is,  among  the  other  Cardinals. 

12  Cf.  No.  133,  note  3. 


§  17]       No.  208,  M.     THE  ROMAN  COLLEGE   FUNDS,    1823-1825       1085 

the  Roman  College,  etc.  I  would  have  his  Holiness  pay  6,000  of  this 
sum  to  you,  and  charge  the  General  to  make  his  obedient  children  in 
Maryland  reimburse  it  to  him.  I  do  not  know  what  effect  this  sugges- 
tion may  have.13  Card.  Pacca,  Castiglione  and  Pedicini,  though  a  little 
staggered,  are  blindly  devoted  to  the  Jesuits.  .  .  . 

Here  Dr.  Poyntcr  adds  his  postscript  to  GradwclVs  letter,  and  Dr. 
Marechal  adds  Ms  endorsements. 

M.  1825,  March  9. 

MarccJial,  9  Mar.,  1825,  to  Card.  (Prefect  of  the  Propaganda}.  He  uses 
GradwclVs  suggestion  about  the  Roman  College  funds.  Latin. 

Ecclesiastical  business.     The  election  of  Secretary  Adams  to  the  presidency 

13  The  character  of  the  suggestion  may  be.  inferred  from  the  folloiuing  official  data. 
On  May  17,  1824,  first  year  of  the  pontificate  of  Leo  XII.  (Delia  Gcnga),  the _  Apostolic 
letters  were  issued,  restoring  the  Roman  College  to  the  Society.  (Cf.  Bullarii  Rornani 
Continuatio,  A.  Barberi,  R.  Secrcti,  Rome,  1853,  t.  xvi.,  No.  34,  Cum  multa.)  The 
official  acceptance  of  the  College  by  the  General,  Father  Fortis,  at  the  "command" 
of  his  Holiness,  is  dated  7  Jan.,  1824,  and  is  addressed  to  Mgr.  Giovanni  Soglia 
at  the  Quirinal  for  the  deputy-Cardinals  who  loill  submit  the  same  to  the  Pope. 
The  General  undertakes  to  man  the  institution  with  Jesuits,  from  the  beginning  of 
Nov.,  1824;  to  maintain  public  schools  on  the  same  plan,  "although  more  ample,"  as 
that  of  1773  (year  of  the  Suppression), — humane  letters  and  the  higher  courses,  with 
some  additions  proposed  (all  the  tuition  being,  of  course,  gratuitous).  He  accepts  the 
charge,  of  the  Congregations  (Sodalities)  mentioned,  of  the  museums,  observatory, 
library,  and  the  two  churches  (Sanf  Ignazio  and  the  Caravita). 

Then,  without  date,  but  evidently  a  few  days  later,  the  answer  to  another  communi- 
cation follows  in  the  form  of  a  Specchio,  or  Estimate  of  the  subjects  necessary  for  all 
the  offices  and  charges  assumed,  on  the  plan  of  1773 ;  that  the  deputy-Cardinals  may 
have  the  data  for  assigning  means  proportionate  to  the  maintenance  of  said  subjects. 
Seventy-six  persons  are  required  :  officials,  directors  of  museums,  observatory,  etc.,  36 
2~>rofessors,  ordinary  and  extraordinary,  with  prefects,  51  in  all ;  temporal  coadjutors 
for  all  the  services  in  the  College  and  community,  25  in  all.  The  expense,  necessary  in 
actual  circumstances,  for  the  maintenance  of  each  individual  (from  the  Rector  to  the 
cook),  is  not  less  than  10  scudi  a  month  (nominally  $120  a  year).  Though  tJie  General 
docs  not  make  the  computation,  it  is  clear  that  the  foregoing  personnel  requires  an 
absolute  provision  of  9320  scudi  a  year,  for  76  Jesuits.  He  adds  that  six  seculars  will 
be  needed  for  certain  duties  ;  that  the  maintenance  of  the  two  churches  and  of  the  vast 
college  has  to  be  provided  for,  and  all  the  incidentals  of  wear  and  tear  in  the  schools, 
the  furniture,  printing,  x>rcmiums,  etc. 

In  the  last  paragraph,  the  General  alludes  to  the  circumstance  that,  before  the 
Suppression,  the  Society  had  possessed  property  which  enabled  it  alone  to  maintain  the 
entire  establishment,  without  contributions  from  any  one.  Such  resources  are  now 
wanting.  (General  Archives  S.J.,  Epist.  R.  P.  N.  Fortis,  Lib.  II.  pars  1,  1824,  No. 
217,  pp.  469,  470,  the  General,  7  Jan.,  to  Soglia.  Ibid.,  No.  218,  pp.  471-474,  com- 
munication of  a  Specchio  dei  soggctti  necessarj  al  disirnpegno  dcgli  uffizi  c  carichi 
annessi  al  Coll'.'  Rom"!1,  a  norrna  del  piano  ch'cra  in  attivita  1'anno  1773.) 

As  to  the  economical  purpose,  in  an  educational  interest,  of  Gradwcll's  suggestion, 
that  the  entire  maintenance  (6000  scudi)  of  fifty  persons  in  this  great  college  sJiould  be 
abstracted,  and  sent  to  furnish  the  mcnsa  of  Marechal,  cf.  History,  I.  Appendix  C, 
pp.  582,  583,  Father  Campano's  observations  to  King  Stephen  of  Poland.  Marcchal's 
own  form  of  demand  that  every  year  a  1000  scudi  (dollars)  should  be  subtracted  and 
sent  to  him,  meant  the  withdrawal  of  yearly  support  from  at  least  eight  professors. 
See  No.  135,  A,  Prop.  23,  p.  557.  In  using  the  Roman  term  scudo,  Latin  scutatzim, 
as  the  nominal  equivalent  of  a  dollar,  the  writers  never  allude  to  the  current  difference 
in  value  between  a  gold  scudo  and  a  depreciated  American  dollar — a  difference  which 
appears  sufficiently  from  the  allowance  per  man  in  the,  foregoing  Estimate. — Cf.  No. 
135,  A,  note  46  (where  ive  said  "  twelve  "  professors  instead  of  eight,  and  mentioned 
twenty-seven  ordinary  professors,  not  counting  the  extraordinary  ones). 


1086     No.  208,  N-P.     THE  ROMAN  COLLEGE  FUNDS,  1823-1825      [VII 

of  the  United  States  ;  his  tenure  of  office  so  insecure  that  there  is  no  fear  of 
his  "  lending  his  cars  to  the  talk  of  the  Jesuits,  against  the  authority  of  the 
Sovereign  Pontiff  and  mine."  Marechal  has  received  a  letter  in  which  it  is 
said,  that,  to  end  his  controversy  ivith  the  Jesuits,  the  Propaganda  intends  to 
address  the  Pope,u  petitioning  that  what  the  American  Fathers  owe  Marechal 
may  be  withdrawn  from  the  funds  of  the  Roman  College,  leaving  the  General 
to  reimburse  himself.  This  is  certainly  an  efficacious  and  mild  way  of 
securing  peace  :  Recepi  epistolam  in  qua  dicitur,  Sacram  Congregationem, 
ad  finem  imponendum  controversiae  inter  me  et  Jesuitas  existentis, 
intendere  suppliciter  petere  a  Summo  Pontifice  ut  retinere  dignetur  a 
surnma,  quam  solvit  Societati  pro  Collegii  Romani  regimine,  quod  juste 
mihi  debetur  a  patribus  Americanis ;  atque  R.  Patri  Generali  relinquere 
curam  eamdem  et  aequalem  summam  obtinendi  ab  iisdem  patribus  sibi 
subditis.  Nulla  via  pacis  certe  et  efficacior  simul  et  mitior  excogitari 
potest. 

Oro  supplex  D.  0.  M.  ut  Era.  tuata  suis  benedictionibus  cumulet.  .  . 

N-  1825,  June  14. 

Marechal,  14  June,  1S25,  to  Gradwcll,  Borne.  Effects  of  the  controversy 
on  his  health. 

-Ecclesiastical  business.  As  to  the  delay  in  settling  the  Jesuit  affair, 
"  there  are  days,  ivhen  he  is  sad  even  unto  death  :  "  J'attends  toujours,  avec 
une  sorte  d'impatience,  la  decision  finale  de  mes  affaires  avec  les  Jesuites. 
Le  retard  que  j'eprouve  rue  jette  dans  des  difficultes  extremes.  II  y  a  des 
jours  oil  mon  ame  est  triste  usque  ad  mortem.  .  .  .  5 

°-  1825,  July  14. 

Marechal,  Baltimore,  14  July,  1S25,  to  Fesch. 
Review  of  the  situation.     See  No.  133,  A. 

P-  1825,  August  4. 

Caprano,  4  Aug.,  1S25,  to  the  General.  The  term  allowed  for  receiving 
information  having  long  since  expired,  he  malccs  inquiries. 

He  rehearses  the  correspondence  (supra,  J,  Kj  between  himself  and  the 
General,  according  to  ivhich  six  months  had  been  allowed  as  a  term  for  the 
American  Jesuits  to  appeal.  A  year  having  now  passed,  he  aslcs  in  the  name 
of  the  Propaganda  (decree,  J  Aug.,  1825'),  whether  any  information  has  been 
received. 

14  This  statement  does  not  appear  in  the  letter  of  Gradwell.  who  Jias  made  the 
suggestion  (supra,  L). 

_15  Five  years  had  passed  since  he  began  the  controversy.  The  factitious  agitation 
winch  was  being  Inept  up  in  Rome,  and  which  he  was  kept  responding  to.  continued 
after  this  for  two  years  and  a  half  till  he  died. 


§  i;J     No.  208,  Q-S.     THE   ROMAN  COLLEGE  FUNDS,    1823-1825      1087 

Q.  1825,  August  16. 

Memorial  presented  by  the  General,  16  Aug.,  1825,™  to  the  Propaganda, 
in  the  name  of  the  American  Jesuits,  but  derived  from  matter  supplied  by 
Fathers  Kohlmann  and  Vespre,  then  in  Borne. 

It  shows  in  a  series  of  paragraphs  that  the  Americans  are  unable  to  gratify 
Marechal  either  with  an  estate  or  a  pension.  It  also  contains  the  statement 
that,  if  they  were  constrained,  and  actualli/  did  pay  a  pension,  their  property 
would  be  forfeited  to  the  Government.  Cf.  No.  133,  A,  note  4. 

TJte  Memorial  is  found  in  an  English  translation.     See  infra,  S. 

R.  1825,  August  21. 

Gradwell,  Rome,  21  Aug.,  1825,   to   Marechal.     He  returns  to  his  pro- 
ject about  the  Roman  College  funds.    Endorsed  by  Marechal :  De  Jesuitis. 

All  letters  duly  received.  Zeal  of  Card.  Fesch  and  of  Mgr.  Caprano. 
Nevertheless,  stagnation  in  the  Jesuit  business,  though  there  have  been  three 
congregations  of  the  Propaganda  within  six  weeks.  In  a  letter  just  despatched, 
Card.  Fesch  has  given  Marechal  the  result  of  his  having  forced  the  matter  on 
their  notice  last  Tuesday.  I  could  have  wished  that,  instead  of  writing  to 
enquire  of  your  Grace,  whether  the  Society  be  poor  to  pay  its  debts,  and 
whether  the  government  would  take  offence  at  their  doing  justice,  they 
had  consulted  the  letters  and  memorials  which  you  have  already  written 
to  Propaganda.  His  Eminence]  gives  the  true  reason  of  the  business 
advancing  so  slowly.  The  vote  of  1000  crowns17  is  some  compensation  for 
the  delay  in  deciding ;  but  nothing  so  effectual  as  the  project  [against  the 
Roman  College]  which  I  recommended  last  year  would  have  been  ;  that  of 
his  Holiness  stopping  in  the  sum  due  to  your  Grace,  and  making  P.  Fortis 
levy  it  on  his  subjects.  But  the  enneini  etoit  trop  fort  et  trop  malin.  .  .  . 
The  Scotch  students  att[««rZ  the]  lectures  of  F.  Kohlmann  at  the  Roman 
College ;  but  they  d[o  not  ?]  like  the  schools  there,  and  wish  to  frequent 
those  of  S.  Apol[Z«»are]  or  of  Propaganda.  .  .  . 

S.  1825,  August  27. 

The  General,  27  Aug.,  1S25,  l<>  Dzierozynshi.  A  letter,  and  a  copy  of 
the  Memorial  just  presented  to  tin;  Propaganda.  The  letter  in  Latin,  signed 
by  the  General ;  a  P.S.  in  English  ;  both  letter  and  P.S.  in  the  hand  of 
Vespre.  The  Memorial,  translated  from  Italian  into  English,  'written  in 
another  hand,  possibly  McSherry's. 

16  This,  the  date  at  which  it  was  "  to  be  presented  "  (see  citation  of  source,  infra, 
p.  1088),  probably  refers  to  the  meeting  of  the  Propaganda.     In  the  printed  Sorumario 
(cf.  No.  MIO,  C,  Num.  VI.),  .S'  Aug.  is  given,  which  may  represent  the  date  on  the 
Memorial. 

17  Cf.  No.  135,  A,  p.  534.     This  was  an  alms  from  the  Propaganda.    The  view  thus 
taken  by  the  Sacred  Congregation  of  the  extreme  poverty  under  which  the  Ordinary  of 
Baltimore  was  labouring,  and  of  the  tax  for  a  subsidy  which  must  necessarily  fall  to 
some  one's  account,  since  the  diocese  of  Baltimore  was  represented  as  unable  to  support 
its  Ordinary,  seems  to  have  had  much  to  do  with  the  final  settlement  of  Marechal' s 
controversy  with  the  Jesuits.     Cf.  infra,  No.  211,  pp.  1090,  1091. 


1088  No.  209.     THE  LAST  MARECHAL  BRIEF,    1826  [VII 

Business.  Two  observations  on  tlic  copy  of  the  Memorial,  drawn  from 
information  supplied  by  Kohlmann  and  Vcspre  :  1.  Verify  the  statements  ;  2. 
affairs  have  taken  a  favourable  turn  in  the  minds  of  the  Cardinals,  with 
respect  to  the  Jesuits  case.  Sec  No.  132,  note  5. 

Vespre's  own  P.S. :  Dzierozynsld  is  to  forward  a  thoroughly  authenticated 
copy  of  the  Corporation's  charter  ;  also  information  regarding  any  laws,  which 
ivill  corroborate  the  statements  of  the  Memorial.™ 

English  translation  of  the  Memorial  presented  to  the  Sacred  Cong!1  de 
Propaganda  in  the  first  days  of  August,  1825. (ll) 

General  Archives  S.J.,  Epist.  B.  P.  N.  Fortis,  Lib.  I.  pars  1,  No.  197,  the 
General,  7  Nov.,  1S23,  to  F.  Neale.  Ibid.,  No.  206,  the  same,  6  Dec.,  1823,  to 
Caprano,  entered  erroneously :  6  Nov.  Ibid.,  Lib.  II.  pars  1,  No.  289,  same  to 
same,  12  June,  1824.  Ibid.,  No.  296, 19  June,  1824,  two  Memorials  for  Cardinals 
Castiglionc  and  DC  Gregorio.  Ibid.,  No.  321,  the  General,  17  Aug.,  1824,  to 
Caprano.  Ibid.,  Lib.  III.  pars  1,  No.  571,  the  same,  27  Aug.,  1825,  to  Dziero- 
zynsld.— Ibid.,  Maryl.  Epist.,  6,  ii.,  Caprano,  4  Dec.,  1S23,  to  the  General; 
original,  dated  erroneously  :  4  Ott<;  Ibid.,  same  to  same,  20  Dec.,  1823.  Ibid., 
6,  iii.,  same  to  same,  9  June,  1824.  Ibid.,  same  to  same,  14  Aug.,  1824.  Ibid., 
same  to  same,  4  Aug.,  1825.  Ibid.,  6,  iii.,  s.d.,  (19  June,  1824),  a  Rozavcn 
draft  of  the  two  Memorials.  Ibid.,  document  P,  original  Italian  draft,  Italian 
copy,  with  two  copies  of  an  English  translation,  of  the  Memorial  "  to  be  JJTC- 
sentcd"  to  the  Sacred  Congregation,  16  Aug.,  1825. — English  College  Archives, 
Rome,  Gradwcll  Collections,  Baltimore  and  Quebec,  f.  154,  Marcchal,  9  Mar., 
1825,  to  Card.  (Prefect  of  the  Propaganda) ;  a  copy.  Ibid.,  f.  169,  the  same, 
14  June,  1825,  to  Gradwell. — Baltimore  Diocesan  Archives,  17,  F,  Gradwell, 
Rome,  5  Aug.,  1824,  to  Marcchal ;  3  pp.  4to.  Ibid.,  17,  G,  same  to  same,  2  Jan., 
1825 ;  3  pp.  4to.  Ibid.,  same  to  same,  21  Aug.,  1825 ;  3  pp.  4to. — Georgetown 
College  MSS.  and  Transcripits,  Marechal  Controversy,  1825,  Aug.  27,  the 
General  to  Dzicrozynski ;  original,  in  Vespre's  hand,  signed  by  Fortis,  enclosing 
English  translation  of  Italian  Memorial  presented  to  the  Propaganda,  16  Aug., 
1825. 

No.  209.  1826. 

Marechal,  Kohhnann :  third  and  last  Ponenza  in  the  controversy. 
In  answer  to  the  letters  of  Gradwcll,  to  the  formal  demand  of 
Card.  Fcsch,1  and  to  the  Memorial  which,  on  l>ciny  presented  by 
the  Jesuits,  was  communicated  in  substance  by  the  Propaganda? 
Marechal  drew  up  Twenty  Three  Propositions  against  the  Society 
in  America,  and  addressed  them  to  the  Prefect  of  the  Sacred 
Congregation.  Father  Kohlmann  had  the  charge  of  facing  this 
new  mass  of  matter.  A  third'  Ponenza  or  report,  put  in  type, 
and  presented  to  the  Propaganda  ~by  Card.  Fcsch,  included  among 
other  papers  this  document  of  the  Twenty  Three  Propositions.^ 

(a)  The  translator  did  not  know  the  exact  date.    See  supra,  Q,  note  16. 

18  Cf.  No.  207,  N,  Ironside,  16  Dec.,  1825,  to  the  General,  fulfilling  at  the  request 
of  Dzicrozynski  tlie  commission  of  supplying  the  Acts,  perfectly  authenticated. 
1  No.  134. 

-  Cf.  Nos.  135,  A,  p.  534 ;  210,  C,  Num.  VII. 
3  Cf.  No.  210,  C,  Num.  VIII. 


§   i;]        No.  210,  A,  B.     CONTENTS  OF   THE  BRIEFS,    1822-1826      1089 

A.  1826,  January  15. 
Marechal's  Twenty  Three  Propositions.     See  No.  135,  A. 

B.  1826. 

Kohlmann's  papers  on  the  situation,  and  rejoinder  to  the  Twenty  Three 
Propositions,  lohen  communicated. 

1 .  Osservazioni  da  fare  al  Papa  intorno  alia  lite  col  Arch"  di  B. 

2.  Draft  of  a  Libellus  supplcx,  or  Petition,  to  the  Pope. 

3.  Osservazioni  sopra  la  risposta  di  M.  Marechal,  etc. 

See  Nos.  135,  A,  notes  passim,  for  the  substance  of  these  papers  ;  1ST,  F, 
on  the  claim  derived  from  the  Suppression  of  the  Society. 

General  Archives  S.J.,  6,  iv.,  R,  Osservazioni  da  fare,  etc. ;  a  draft,  2  ff. 
Ibid.,  Libellus  supple x ;  a  draft,  4ff.  Ibid.,  S,  Osservazioni  sopra  la  risposta, 
etc. ;  a  draft,  4  ff. 

No.  210.  1822-1826. 

The  documents  printed  for  the  Propaganda :  three  selections  made  by 
Card.  Fesch.  The  three  printed  Sommarii,  or  briefs,  presented  in 
the  three  formal  reports  to  the  Propaganda,  at  intervals  of  two 
years  apart,  contain  the  following  documents. 

A.  1822. 
Printed  Sommario  of  1822.     See  pp.  -102,  403. 

B.  1824. 

Printed  Sommario  of  1824. 

Num.  I.  Brief  of  Pius  VII. ,  23  July,  1822,  in  re  White  Marsh.  Of. 
No.  205. 

Num.  II.      The  General,  2G  July,  1822,  to  G.  Nealc.      Of.  No.  122,  B. 

Num.  III.,  pp.  4-20.  Kohlmann,  8  Dec,,  1822,  to  the  General.  Cf. 
No.  183,  A. 

Num.  IV.,  pp.  20-50}  The  G.  Ncalc-B.  Fenwii-Je  Memorial,  22  Nov., 
1822 ;  translated  from  the  original  English,  Rome,  21  Dec.,  1828,  l>y  Aw. 
Felice  Ciccognani.  Cf.  No.  184,  C. 

Num.  V.  Marechal,  27  Nov.,  1822,  to  G.  Nealc,  tratttouitling  copy  of 
the  Brief,  and  also  the  article  on  jurisdiction.  Sec  Nos.  123  ;  121,  K. 

Num.  VI.     Marechal,  14  Dec.,  1822,  to  C.  Neale.     See  No.  125. 

Num.  VII.  B.  Femviclc,  Georgetown,  12  Jan.,  1823,  to  the  General, 
containing  G.  Neale  s  Protest  against  the  execution  of  the  Brief.  Cf.  No. 
183,  H.  * 

Num.  VIII.  Marechal,  27  Dec.,  1822,  to  Card.  Consalvi,  giving  the  two 
letters  received  from  C.  Neale,  19  and  23  Dec.,  1822,  which  he  accompanies 
with  his  annotations.  See  Nos.  123-126.  (End  of  Sommario.) 

1  Here  is  apparent  the  origin  of  Shea's  misconception  (No.  187,  A,  ad  note  10), 
his  mutilated  copy  beginning  at  p.  33. 


1090     Nos.  210,  C;  211.     LAST  SESSION  OF  PROPAGANDA,    1826     [VII 

C.  1826. 

Printed  Sommario  of  1826. 

Num.  I.  The  General,  1  July,  1S24,  to  the  Maryland  Superior.  Of. 
No.  208,  J. 

Num.  II.     Caprano,  14  Aug.,  1824,  to  the  General.     Cf.  No.  208,  J. 

Num.  III.  The  Propaganda,  14  Aug.,  1824,  to  Marechal.  Cf.  No. 
208,  J,  note  9. 

Num.  IV.     Marechal,  SI  Dec.,  1824,  to  the  Propaganda.    See  No.  132. 

Num.  V.  Marechal's  petition  to  the  Pope,  14  July,  1825.  See  No. 
133,  B. 

Num.  VI.  Memorial  presented  to  the  Propaganda  by  the  General, 
"  8  Aug.,  1825."  Cf.  No.  208,  Q. 

Num.  VII.  The  Propaganda,  3  Sept.,  1825,  to  Marechal,  "  in  which 
the  substance  of  the  said  Memorial  is  communicated."  Cf.  No.  135,  A,  ad 
note  2. 

Num.  VIII.  Marechal's  Twenty  Three  Propositions.  Sec  No.  135,  A.2 
(End  of  Sommai'io.) 

The  ArcJiivcs  jmssim,  as  quoted  in  the  Nos.  just  cited.  In  the  Georgetown 
College  MSS.  and  Transcripts,  Marechal  Controversy,  tliere  is  a  long  transcript, 
done  by  Shea  himself,  82  ff.  Svo,  of  the  first  Soinmario,  1822,  with  not  a  few 
blanks  in  the  copy. 

From  the  selection  made  of  documents  in  these  three  briefs,  and  from 
the  printing  of  them,  it  is  evident  that  nothing  was  omitted  to 
consign  the  controversy,  and  the  things  written  in  it,  ad  pcrrjctuam 
rei  mcmoriam. 

No.  211.  1826. 

Last  session  of  the  Propaganda :  settlement  of  the  controversy.  One 
important  clement  contributing  to  the  settlement  has  appeared  in 
the  alms  of  '$'1000,  which  the  Propaganda  itself  sent  over  to 

-  Cf.  No.  135,  A,  note  25,  p.  543,  where  the  following  is  cited : — Beschter,  Balti- 
more, 17  Feb.,  1823,  to  C.  Nealc,  Superior,  Mount  Carmcl.  ...  On  the  30th  ult.  the 
Archbishop  came  to  my  house.  ...  He  then  reproached  me  for  having  compared  him 
to  Palafox,  even  before  his  return  from  Rome.  I  answered  that  what  [J]  said  to  Mr. 
Whitfield  I  can  say  to  him  with  equal  truth.  I  said  to  Mr.  Whitfield  :  "  Palafox  was 
never  happy  whilst  he  was  persecuting  the  Jesuits,  and  the  Jesuits  were  never  happy 
under  him."  And,  when  Mr.  Whitfield  asked  me  in  a  passion,  if  I  did  compare  our 
Archbishop  to  Palafox?  I  answered:  "  Let  you  not  change  my  words ;  say  what  I 
have  said  and  no  more."  I  then  repeated  the  same  words.  The  Archbishop  with  a 
smile  then  said  :  "  I  wish  I  were  as  good  as  Palafox."  And  I  replied  :  "  I  never  shall 
wish  you  so  great  an  evil  as  that."  And  then  I  informed  him  that  Mr.  Whitfield  had 
said  to  me,  that  the  exemption  of  religious  orders  from  the  diocesan  Bishop,  and 
their  priviledges,  are  against  the  episcopal  authority,  and  that  all  that  would  and 
should  be  done  away  [with] ;  that  he  has  no  doubt  but  the  Archbishop  has  obtained 
that  at  Rome.  The  Archbishop  said  nothing  to  this,  because  he  had  said  almost  as 
much  before  he  went  to  Rome.  And,  since  his  return,  I  heard  him  say  that  he  heard 
Archbishop  Carroll  say,  that  [the]  constitution  of  the  Jesuits  as  mado  by  St.  Ignatius 
is  good,  but  that  Laynes  and  Aquaviva  have  spoiled  it.  (Md.-N.  Y.  Province  Archives, 
1S23,  Feb.  17,  Beschter,  Baltimore,  to  C.  Nealc,  Mount  Carmel.) 


§  i/]  No.  211,  A.     LAST  SESSION  OF  PROPAGANDA,    1826         1091 

alleviate  the  poverty  of  the  Baltimore  prelate.1  Acknowledging 
the  recdpt  of  the  alms,  Marechal  repeated  that  "  at  the  present 
moment  he  had  barely  the  annual  sum  of  money  for  paying  the 
expenses  of  the  multitude  of  letters,  which  are  directed,  to  him 
from  various  parts  of  the  world."  2  The  funds  of  the  Propa- 
ganda were  not  intended  for  regularly  formed  bishoprics  or 
archbishoprics,  like  that  of  Baltimore.  They  were  pre-engaged 
for  the  maintenance  of  vicariates  apostolic  and  missions  in  Asia, 
Africa,  Northern  Europe,  besides  America.  The  subsidies  afforded 
by  the  Sacred  Congregation  seldom  reached  such  proportions  as 
$1000  at  a  time.3  Hence,  if  the  Baltimore  See  was  left  so 
totally  unprovided  for  by  its  flock,  who,  as  Marechal  affirmed, 
" could  not,"  and,  " if  they  could,  would  not,"  maintain  it*  and 
if  the  said  Sec  was  to  become  a  tax  upon  Rome  for  its  "preserva- 
tion in  the  catalogue  of  the  Sees  of  the  Catholic  world" 5  the 
incidence  of  the  tax  became  an  interesting  question.  The  appli- 
cant designated  a  quarter  different  from  the  Propaganda — first, 
the  Roman  College,  and  now  the  General  of  the  Society.  White 
Marsh  and  the  Brief  had  disappeared  entirely  from,  the  question, 
and  the  Maryland  Jesuits  also  ivcrc  disappearing. 

A.  1826,  June  16. 

Caprano,  Secretary  of  the  Propaganda,  16  June,  1826,  to  the  General. 

He  announces  that  the  Propaganda,  at  a  general  meeting,  29  May,  1S26, 
had  ordered  a  special  conference  to  be  held  -with  his  Paternity  by  a  committee 
of  Cardinals,  Delia  Somaglia,  Spina,  Castiglione,  Fesch,  DC  Gregorio,  and 
the  Secretary,  ivho  have  appointed  June  20  for  the  said  conference.  The 

1  Cf.  Nos.  135,  A,  p.  534  ;  208,  R,  Doto  17. 

-  See  No.  135,  A,  Prop.  10,  p.  547  ;  cf.  No.  137,  p.  578.     In  those  limes,  letters  were, 
paid  for  by  the  recipients. 

3  In  a  note  of  such  subsidies,  belonging  to  a  hundred  years  before,  we  find  for  the 
vicariates  of  England  and  Scotland  a  scries  of  items,  as  follows  :  To  tlic  Scotch  V.  A. 
James  Gordon,  1719,  sc.  200  per  ann.     To  Ids  coadjutor,  John  Wallace,  1722,  sc.  100 
per  ann.     To  the  four  VV.  A  A.  of  England,  1718,  sc.  1000,  divided  equally  among 
them,  for  poor  superannuated  missionaries,  and  for  Catholics  in  danger  of  losing  their 
faith  through  poverty .     To  one  of  these  latter,  Prichard,  Mirinensis,  1719,  sc.  100,  for 
the  missionaries  in  the  remotest  part  of  his  district.     To  Gordon,  1720,  sc.  500,  chiefly 
fora  certain  portion  of  his  missions,  and  the  remainder  for  the  rest.      To  Prichard, 
1721,  an  extraordinary  subsidy,  sc.  300.     To  Stonor,  Thcspicnsis,  1722,  sc.  300.      To 
Wallace,  1722,  "for  himself  and  the  other  Catholics  imprisoned  with  him,"  sc.  60.     To 
Giffard,  Madaurensis,  1722,  an  extraordinary  subsidy,  sc.  250.     To  James   Gordon 
and   Wallace,  1722,  sc.  300.     To  Giffard,  1722  (completing  sc.  500),  sc.  250.      To  Pri- 
chard, an  extraordinary  subsidy,  sc.  200.     [End  of  the  Document.'}     (Propaganda 
Archives,  Anglia  II.,  /.  135 ;  Nota  do'  sussidii  annul  o  particular!  pagati  dalla  Sacra 
Congregazione  de  Propaganda  Fide  alii  Vicarij  d'lnghiltcrrae  Scotia.) 

4  No.  121,  A,  His  positis,  1?  ,  p.  4G5. 

5  No.  135,  A,  ad  fin.,  p.  558. 


1092       No.  211,  B,  C.     LAST  SESSION  OF  PROPAGANDA,   1826         [VII 

Secretary  herewith  transmits  a  copy  of  the    Ponenza  just  printed  on  the 
subject  of  the  controversy* 

B.  1826,  June  16. 

The  General,  16  Jane,  IS 26,  to  Caprano. 

He  acknowledges  the  receipt  of  the  foregoing,  accompanied  by  "  a  long 
printed  document,"  una  lunga  scrittura  stampata.  The  General  himself 
not  being  sufficiently  familiar  with  the  topics,  he  should  desire  to  depute 
Father  Kohlmann  for  the  preparation  of  the  matter,  and  the  answers  to 
objections,  in  the  sense  of  the  information  given  last  August?  But  three 
days  are  not  enough  for  all  this. 

C.  1826,  June  18. 

Gradwcll,  Borne,  18  June,  1826,  to  Mar  edit  d. 

His  account  of  the  general  meeting  and  action  of  the  Propaganda  (29  May, 
1826). 

MY  LOUD, 

In  my  letter  at  Easter  I  informed  your  Grace  of  the  arrival  of 
your  long  and  able  defence 8  against  the  interminable  replies  and  re- 
joinders of  the  Jesuits,  and  my  conviction  that  that,  if  anything,  would 
bring  the  dispute  which  has  now  lasted  four  years  to  a  conclusion.  Si 
Pergama  dextra  -  -."  The  new  Ponenza,10  which  was  well  drawn  up  and 
comprised  nearly  the  whole  of  your  Grace's  long  letter  and  authentic 
documents,  in  answer  to  Father  Vespri's  random  assertions,  was  printed 
in  April,  to  be  discussed  in  the  Congregation  to  be  held  in  May. 
Cardinal  Fesch  was  ponente,  and  was  perfectly  master  of  the  subject. 
Pistelli,  who  had  drawn  up  the  Cardinal's  voto  with  all  the  ability  that 
could  be  desired,  was  also  indefatigable  in  his  endeavours  to  have  the 
cause  finally  determined.  I  have  read  the  voto.  It  gave  the  origin  and 
history  of  the  cause ;  shewed  that  your  Grace  had  amply  refuted  every 
objection,  and  from  the  beginning  had  fortified  every  assertion  by  the 
production  of  authentic  documents,11  that  your  cause  was  clearly  the  cause 
of  justice  ;  that  your  adversaries  had  continually  changed  their  ground  ; 
and  had  been  driven  successively  from  every  ground  which  they  had 
taken ;  that  the  honour  of  Propaganda,  the  authority  of  the  Holy  See, 
and  the  good  order  of  all  the  missions  were  at  stake,  etc.  His  Eminence 
concluded  his  speech  by  moving,  that  all  the  reasons  alleged  by  the 

6  Cf.  No.  210,  C. 

7  No.  208,  Q. 

8  No.  135,  A,  the  Twenty  Three  Propositions. 
0  Virgil,  Aencicl,  ii.  291,  292  : 

Si  Pergama  dextra 
Defendi  possent,  etiam  hac  defensa  fuissent, 

— a  sigh  at  the  loss  of  Troy. 

10  No.  210,  G. 

11  An  echo  of  Marcchal,  No.  135,  A,  Prop.  22,  ad  note  45. 


§  i;]          No.  211,  C.     LAST  SESSION  OF  PROPAGANDA,    1826          1093 

Fathers  against  the  payment  of  1,000  piastres  a  year  esse  rejiciendas  ; 12 
that  all  those  who  should  refuse  to  submib  to  such  a  just  decision  should 
be  ipso  facto  unfrocked 1:!  and  subject  to  other  censures.  The  whole 
assembly  was  in.  a  manner  struck  dumb.  No  reply  was  made.  But  two 
or  three  Cardinals  muttered  an  amendment :  That  the  Fathers'  rationes 
non  esse  sufficientes,  and  that  a  special  Congregation  should  be  held  of  four 
Cardinals,  to  hold  a  conference  with  Father  Fortis,  and  report  to  the 
next  general  Congregation  of  Propaganda.  The  amendments  were  agreed 
to.  The  special  board  is  to  consist  of  Cardinals  Fesch,  Spina,  Castiglione, 
and  Gregorio  ;  and  Cardinal  Somalia  was  to  be  invited  to  attend  it. 

O  7 

At  the  motion  of  Cardinal  Fesch,  Mgr.  Caprano  is  also  to  attend  as 
secretary  and  witness. 

Cardinal  Fesch  was  so  little  satisfied  with  the  result  that  he  went  to 
the  Pope,  and  complained  of  the  manner  in  which  this  business  was  con- 
ducted, and  of  the  treatment  which  your  Grace  received.  The  Pope  told 
him  that  he  would  speak  to  Mgr.  Caprano  about  it ;  but  up  to  the 
beginning  of  this  week,  though  a  fortnight  had  passed,  he  had  not 
done  so. 

Father  Vespri  was  this  week  making  a  jest  of  Cardinal  Fesch's  com- 
plaint to  the  Pope  :  and  ridiculing  what  his  Eminence  repeated  from  one 
of  your  letters  :  that  your  Lordship  had  a  remedy  against  all  this  perse- 
cution u  by  resigning  your  See,  and  that,  if  you  consulted  only  your  own 
peace  and  not  the  good  of  religion  in  the  United  States,  you  would  have 
done  so,  and  probably  by  the  delay  of  Propaganda  may  be  compelled  to 

do  so. 

Unexpectedly  Cardinal  Somaglia  has  consented  to  attend  at  the 
special  congregation.  Of  this  I  am  glad  ;  because  there  will  be  a 
majority  of  votes.  Without  his  presence  the  four  others  would  be  like 
duo  pondera  in  cquilibrio.1'  I  have  been  to  speak  to  Cardinal  Somaglia 
about  the  business.  He  told  me,  the  Bishop  must  be  upheld.  The 
meeting  is  to  be  held  next  Tuesday  at  Cardinal  Somaglia's.  The  general 
Congregation  of  Propaganda  will  take  place  in  July. 

Cardinal  Fesch  is  not  at  all  in  spirits  as  to  the  result.  He  says,  the 
opponents  know  very  well  that  they  are  supporting  a  bad  cause,  but  still 
they  support  it.  He  seems  to  apprehend  that  they  will  only  mince  the 
matter,  let  the  Jesuits  have  their  way,  and  then  apply  to  Propaganda  to 
send  your  Grace  a  sum  of  money  as  some  kind  of  compensation  for  not 
doing  justice.  I  cannot  prevail  upon  myself  to  be  of  this  opinion.  I 
believe  that  all  that  agency  and  advocacy  can  do  has  been  done  in  your 
cause.16 

12  No  word  of  the  Brief  or  White  Marsh. 

13  No.  135,  A,  Prop.  23  :  Secunclum  medium.     Cf.  No.  201,  J,  note  10. 

14  Cf.  No.  133,  A,  p.  529  :  leurs  pom-suites. 

15  That  is,  Castiglione  and  De  Gregorio  for  the  Jesuits,  Fesch  and  Spina  against. 

";  The  sequence  of  ideas  here  is  not  clear.  The  writer  seems  to  be  preparing  Marc- 
chal  for  the  worst,  and  apologizing  for  his  own  failure. 


1094         No.  211,  D.     LAST  SESSION  OF  PROPAGANDA,    1826  [VII 

But  I  will  wait  previously  to  the  next  general  Congregation  on  all 
the  Cardinals  of  Propaganda  who  are  not  described  as  venduti  ai  Gesuiti.17 
Immediately  after  the  Congregation  I  will  write  again ;  and  I  hope  more 
satisfactorily  than  I  can  do  at  present. 

Perhaps  I  should  have  said  above,  that  the  chief  part  of  what  Father 
Vespri  had  to  put  in,  in  reply  to  your  Grace,  was  directed  against  what 
you  stated  only  as  a  report,18  that,  while  the  Jesuits  were  complaining  of 
poverty,  they  had  made  handsome  provision  for  the  new  Bishop  of 
Boston.  .  .  . 

D.  1827,  January  25. 

The  General,  Father  Fortis,  Home,  25  Jan.,  1827,  to  Dzierozynski, 
Maryland.  The,  last  session  of  the  Propaganda  on  the  Mar eclial  controversy. 
Abstract  and  translation  from  the  Latin. 

About  tlie  five  young  American  Jesuits,  ivhom  Dzierozynski  is  asking  for. 
The  General  objects  that,  as  the  Roman  Province  has  many  thousands  of 
dollars  due  to  it  from  America  for  the  maintenance  of  these  young  men  during 
so  many  years,  it  is  quite  out  of  the  question  to  expect  that  he  icill  take  the 
additional  money  out  of  the  pocket  of  the  Italian  Fathers  and  defray  the 
expenses  of  the  young  men's  return.  "  But,  secondly,  there  is  a  still  graver 
reason.  The  condition  of  your  affairs  in  relation  to  the  Archbishop  of  Balti- 
more is  quite  different  now.  I  presume  you  do  not  Jcnoiv  of  it  ;  for  I  have  not 
heard  a  icord  from  your  Reverence  nor  from  anyone  else  about  this  matter. 
So  I  will  briefly  tell  you. 

"  Towards  the  close  of  June  last  year,  there  was  held  a  general  and  fall 
session  of  the  Congregation  de  Propaganda  Fide.™  The  universal  decision  was 
in  substance  this :  That,  when  you  refused  to  give  the  sum  of  money  otherwise 
decreed  or  a  farm  equivalent  to  it,  according  to  the  terms  of  the  precept  of 
holy  obedience,  conveyed  by  Pius  VII.  of  holy  memory  in  his  Brief,  and  by 
me  in  my  letter  ordering  the  surrender  to  be  made  to  the  archbishop ;  and 
when  you  declined  also  to  pay  him  in  money,  on  the  ground  that  your  debts 
and  the  condition  of  your  farms  rendered  you  incapable  of  realizing  enough 
money  ;  in  these  premises,  since  the  decree  ought  not  to  be  changed  but  should 
stand,  then  let  the  Society  in  Italy  be  bound  by  pontifical  authority  1o  pay  the 
archbishop,  or  let  the  General  pay. 

"  For  the  purpose  of  receiving  the  communication  of  this  decision,  I  ivas 
called  to  the  palace  by  the  Secretary  of  State  \_Della  Somaglia^\,  who  was  at 
that  time  Pro-Prefect  of  the  Congregation  of  the  Propaganda.  There  were 
present  four  other  Cardinals  deputed  for  the  purpose,  as  icell  as  the  Secretary 
of  the  Congregation  ;  and  the  decree  icas  to  be  read  and  announced  pro  forma. 

17  "  Sold  to  the  Jesuits." 

18  Marechal  does  not  state  it  as  a  report,  but  as  "  a  fact :  "  Unum  factum  hie  ad- 
jiciam.     See  No.  135,  Prop.  11. 

19  It  was  on   May  29  (cf.  No.  212,  C) ;  the  General's    own  solution  of  the  case 
followed  at  the  end  of  June. 


§   17]  No.  212.     THE  OFFICIAL    DOCUMENTS,    1826  1095 

I  took  Father  Kohlmann  with  me  as  companion  •  Tie  was  one  who  had  come 
recently  [from  America]  and  had  written  on  the  subject  of  the  controversy. 
After  hearing  the  decree  I  said  a  few  words  for  you;  and  then  permission 
icas  granted  Father  Kohlmann  to  speak.  He  enlarged  not  a  little  on  your 
state  of  misery  and  your  penury,  having  been  himself  a  witness  and  known 
things  by  experience.  But  I  saw  and  was  convinced  that  the  mind  of  one  of 
the  five  Cardinals  could  in  no  wise  be  altered.  On  the  other  hand,  I  was  alive 
to  the  fact  that  a  continuance  of  this  controversy  would  become  a  matter  of 
public  scandal,  since  men  of  authority  and  judgment  were  not  at  all  brought 
round  by  your  reasoning,  even  after  your  documents  had  reached  us  from 
America.  Wherefore  I  came  to  the  conclusion  that  there  was  no  settling  the 
case  except  by  settling  with  the  claim.,  casum  solvi  non  posse  nisi  solvenclo 
peciiniam,  and  by  paying  the  money  which  you  said  you  had  not. 

"  So,  towards  the  close  of  the  conference,  I  thought  in  the  Lord  that  I 
shoultl  take  on  myself  the  burden  of  paying  ftm-h  a  xinn  of  money  as  I  coulil 
afford,  I  merely  asked  for  a  few  days'  time  to  think  over  the  best  form  of 
settlement.  Some  days  later  I  wrote  to  the  Secretary  of  the  Sacred  Congrega- 
tion. I  enclose  a  copy  of  the  letter.  It  was  read  in  the  Congregation  and 
was  highly  approved.  Then  the  settlement  was  sanctioned  in  all  its  particulars 
by  the  Sovereign  Pontiff.  Since  one  of  the  articles  icas  that  the  Archbishop 
of  Baltimore  should  appoint  by  an  authentic  act  some  one  to  be  his  proctor  in 
the  business,  and  an  answer  has  been  received  from  him  to  the  effect  that  he 
designated  the  Rector  of  the  English  College,  Dr.  Gradwell,  for  that  purpose, 
the  first  tri-monthly  instalment  of  two  hundred  dollars,  for  the  present  year, 
was  paid  him  last  iveek.  And  so  we  shall  continue  to  pay  as  long  as  the  same 
archbishop  lives.  .  .  ." 

General  Archives  S.J.,  Maryl.  Epist.,  6,  iv.,  Caprano,  16  June,  1826,  to  the 
Geiieral.  Ibid.,  Epist.  R.  P.  N.  Fortis,  Lib.  IV.,  pars  1,  No.  797,  the  General, 
16  June,  1826,  to  Caprano.  Ibid.,  the  same,  25  Jan.,  18'27,  to  Dzierozynski  ; 
loose  copy. — Baltimore  Diocesan  Archives,  17,  G,  Gradwell,  Rome,  IS  June,  1826, 
to  Marechal ;  4  pp.  4to. 

No.  212.  1826. 

Official  documents :  end  of  the  controversy.  The  General,  %7  June, 
1826,  submitted  a  paper  which,  being  approved  In/  the  Propaganda, 
was  sanctioned  by  the  Pope,  and  then  became  the  one  final 
document,  to  which  all  other  official  papers  merely  referred. 
"Provisionally"  that  is,  as  a  provision  in  lieu  of  all  claims 
advanced  on  behalf  of  Marechal,  the  General  undertook  to  sub- 
sidize him  with  800  Roman  scudi  a  year,  in  quarterly  instal- 
ments, during  the  said  Marechal' s  natural  life,  sua  vita  naturale 
durante ;  and  Marechal  was  to  be  informed  hereof,  thai  he  might 
appoint  a  receiving  agent  in  Rome.  The  acceptance  of  Marechal, 
communicated  by  the  Propaganda  to  the  General  (%4  Dw-,  1826), 


1096  No.  212,  A.      THE   OFFICIAL   DOCUMENTS,    1826  [VII 

without  any  notice  being  taken  of  qualifications  or  new  lamenta- 
tions from  his  side ;  l  the  formal  receipt  given  ~by  Marechal's 
agent  Gradivdl,  expressly  in  the  terms  of  the  General's  paper 
(:27  June,  1826} ;  and  Jinally  the  Propagandas  letter  to  the 
General  (%4  Dec.,  1826}  put  an  end  to  the  controversy.  The 
Sacred  Congregation  never  touched  the  question  again.  In  the 
new  efforts  made  to  extend  the  gift  of  the  General  to  Marechal's 
successors,  the  pica  of  poverty  disappeared.  Documents  to  show 
that  Marechal's  "  natural  life "  meant  the  perpetual  life  of  all 
his  successors  in  the  See  of  Baltimore  were  vaguely  referred  to, 
~but  never  cited.2  The  one  plea  advanced  was  that  Marechal, 
deceased,  had  meant  his  allowance  from  the  General  to  be  enjoyed, 
l)y  his  successors;  just  as  Marechal  had  argued  that  Carroll, 
deceased,  had  meant  his  gratuity  to  pass  to  his  successors?  For 
a  summary  of  this  claim  in  its  initial  stages,  sec  No.  133,  C  ;  for 
the  papers  on  the  new  claims,  sec  infra,  Nos.  213-217. 

A.  1826,  June  27. 

Tlte  General,  27  June,  1826,  to  the  Secretary  of  the  Propaganda.  He 
undertakes  to  subsidize  Marechal,  "  during  the  natural  life  "  of  the  latter, 
with  800  Roman  scud!  per  annum,  to  be  paid  in  quarterly  instalments  to  a 
(hili/  appointed  agent  of  Marechal  in  Borne. 

ILLM."  RMO  SIG?  Ps:E  COLM.° 

Dopo  avere  il  Preposito  Generalc  della  Campagnia  di  Gesu 
rappresentato  alia  Sagra  Congregazione  di  Propaganda  Fide  la  impossi- 
bilita,  in  cui  si  trovano  i  suoi  correligiosi  Missionarii  del  Maryland,  di 
prestarsi  alle  domande  di  Monsignor  Marechal  Arcivescovo  di  Baltimore, 
conoscendo  che  la  lodata  Congregazione  brama  efficacemente  che  lo  stesso 
Monsignore  riesca  a  conseguire  il  suo  iutento,  si  offre  di  secondar  egli 
spontaneamente  simili  premure,  con  obbligarsi,  anco  a  nome  dei  Prepositi 
Generali  suoi  successor!,  di  somministrare  provisoriamente  all'anzidetto 
Monsignor  Marechal,  sua  vita  naturale  durante,  1'annua  soruma  di  scudi 
ottocento  romani,  da  incominciare  a  decorrere  dal  primo  giorno  del  prossimo 
f  uturo  mese  di  Novembre  ;  e  da  pagarsi  in  rate  di  scudi  duecento  per  ogni 
trimestre ;  che  e  tutto  quel  piu,  che,  dopo  forraati  esatti  calcoli,  si  ravvisa 
potersi  estendere  con  sicurezza  di  soddisfarlo  puntualmente. 

Di  questa  sua  determinazione  il  sottoscritto  Preposito  Generale  cora- 
munica  a  V.S,  Ill™a  e  Rn;a  la  notizia  col  presente  Foglio,  da  valere  come  se 
fosse  un  legale  istromento,  e  La  prega,  non  solo  informarne  la  prelodata 
Congregazione,  ma  pur  anco  insinuare  all'anzidetto  Mons?  Marechal,  che 

1  C/.  Nos.  136-138. 

-  No.  214. 

3  Cf.  Nos.  129,  A,  5°  ;  ISO,  P,  p.  892  ;  111,  pp.  364,  365. 


§  I?]  No.  212,  B,  C.     THE   OFFICIAL   DOCUMENTS,  1826  1097 

deputi  un  suo  procuratore  qui  in  Eoma  autorizato  a  riscuotere  di  trimestre 
in  trimestre  1'assegnainento  summentovato. 

Spera  lo  scrivente,  che  una  tale  risoluzione  sara  per  incontrare  il  pieno 
gradimento  non  meno  clella  sullodata  Congregazione  che  di  V.S.  Illma,  cui 
rinnova  i  .sentirnenti  di  distintissima  stima  iicl  confermarsi  con  costante 
rispetto. 

Di  V.S.  Ill™  e  R".'a  • 

Dalla  Casa  Professa,  li  27  Giugno  1826. 

All'IH".10  e  R™   Monsre :  Mons^  Pietro  Caprano  Arciv?  d'Iconio  Segri.° 
del  la  S.  Cong"?  di  Propaganda,  etc. 

B.  1826,  August  2. 

Caprano,  Secretary  of  the  Propaganda,  2  Aug.,  1826,  to  the  General. 
The  foregoing  approved  by  the  Propaganda  and  the  Pope,  and  now  to  be 
communicated  to  Marechal,  for  his  direction  in  the  premises. 

Dalla  Propaganda,  2  agosto,  1826. 

L'Arcivescovo  d'Iconio  Segretario  della  Sagra  Congregazione  di 
Propaganda  ha  1'onore  di  partecipare  a  Vr?  Pf?  Rma,  che  la  Santita  di 
Nostro  Signore  nella  Udienza  del  2  di  Luglio  decorso  si  degno  di  ammet- 
tere  il  progetto,  che,  relativamente  alia  nota  controversia  tra  i  PP.  del 
Maryland  e  Mgr.  Ambrogio  Marechal  Arcivescovo  di  Baltimore,  Vra  P1:1 
R™1  istessa  comunico  al  sottoscritto  col  suo  pregiatissimo  biglietto  del 
27  Giugno,  1826. 

Dopo  che  il  sottoscritto  nella  Sagra  Congregazione  Generale  tenuta 
ieri  fece  di  tutto  cio,  per  ordine  di  Sua  Santita,  la  relazione  agli  Em!  e 
Rn."  Sigri  Cardinali,  gli  restava  a  rendere  nota  a  Vra  P"}  K'"a  la  mente  di 
Sua  Beatitudine  sul  presente  affare. 

Tanto  egli  ora  adempie,  prevenendola  insieme  che  per  parte  della 
Sagra  Congregazione  si  scrivera  sabato  prossimo  a  MT  Arcivescovo  di 
Baltimore  per  manifestargli  il  tenore  del  progetto  indicate  da  V?  Pl*  R"ia, 
1'accettazione  che  ne  ha  fatta  Sua  Beatitudine  e  la  Sagra  Congregazione, 
e  come  debba  esso  regolarsi  per  la  esazione  della  sonima  che  ora  gli  viene 
promessa. 

Profittando  quindi  della  opportunita  colla  piii  disbinta  ed  ossequiosa 
stima  si  rassegna. 

[m.p.]  Devotis?  ed  obbligatiss0  servitf 

PIETRO  CAPRANO,  Arciv?  d'Iconio,  Segret" 

R"}°  Pr.e  Luigi  Fortis,  Preposito  Generale  della  Compagnia  di  Gesu. 

C.  1826,  Aug.  5. 
Card.  Della  Somaglia,  5  Aug.,  1826,  to  Marechal.     Shea's  abstract. 
After  a  general  meeting  of  the  Propaganda  on  the  29th  of  May,  and  a 

special  meeting  of  some  members  on   the  20th  of  June,  in  reference   to   the 
dispute  between  Archbishop  Marechal  and  the  Jesuits,  the  General  agreed,  in 
VOL.   I.  4  B 


1098  No.  212,  D,  E.     THE  OFFICIAL   DOCUMENTS,    1826  [VII 

his  own  name  and  that  of  Ms  successors,  to  pay  to  Dr.  Marechal,  during  Ms 
natural  life,  the  annual  sum  of  800  Roman  crowns,  to  commence  on  the  1st 
of  November  of  this  year.  The  Pope  and  the  S.  Congregation  consider  that 
this  offer  should  be  accepted.'' 

D.  1826,  December  24. 

Caprano,  Secretary  of  the  Propaganda,  24  Dec.,  1826,  to  the  General. 
Marechal,  having  been  notified  of  the  General's  arrangement,  "  in  the  express 
terms"  of  his  Paternity's  letter,  dated  27  June,  1826,  has  replied  that  he 
accepts  it  "provisionally"  and  appoints  Gradwell  his  receiving  agent  in 
Rome. 

Dalla  Propaganda,  24  Decembre,  1826. 

Essendo  stata  coraunicata  a  Monsignore  Ambrogio  Marechal  Arci- 
vescovo  di  Baltimore,  nei  termini  espressi  nel  pregiatissimo  foglio  di 
V1?  Pta  Rn™  del  27  Giugno,  1826,  la  determinazione  presa  da  Vra  P1?1  rnede- 
sima,  e  sanzionata  da  Sua  Santita,  di  pagargli  in  ogni  anno  scudi  ottocento 
da  esigersi  a  rate  di  trimestre  in  trimestre,  1'Arcivescovo  suddetto  con  sua 
lettera  del  17  Ottobre  decorso  ha  risposto  che  provisoriamente  accetta 
questo  assegnamento,  e  che  deputa  a  fame  in  suo  nome  la  riscossione  il 
Signore  D.  Roberto  Gradwell  Rettore  del  Collegio  Inglese,  e  suo  pro- 
curator e  in  Roma. 

Essendo  gia  stata  riferita  alia  Santita  di  Nostro  Signore  la  risposta 
dell'Arcivescovo,  si  fa  un  dovere  il  sottoscritto  Arcivescovo  d'Iconio 
Segretario  della  Sagra  Congregazione  di  Propaganda  di  parteciparla  a 
V?  P^  R"-il,  a  cui  colla  piu  distinta  stirna  ed  ossequiosa  si  rassegna, 

[m.^.]  Devotiss?  ed  obbligatiss?  servitor  e, 

PIETRO  CAPRANO,  Arciv?  d'Iconio,  Segret?  di  Prop-? 

Rn}°  Prf  Luigi  Fortis, 

Preposito  Generale  della  Compagnia  di  Gesu. 

E.  1827,  January  5. 

Gradwell's  form  of  receipt,  in  Marechal's  name,  acknowledging  the 
General's  arrangement  of '27  June,  1826,  and  the  Propaganda's  witness  of 
Marechal's  acceptance,  as  defining  the  nature  of  the  settlement,  to  wit,  a  life 
annuity  from  the  General  to  Marechal. 

4  Marechal's  correct  understanding  of  the  settlement  imposed  by  the  General,  the 
Propaganda,  and  the  Pope,  is  clear  from  his  letters,  17,  IS  Oct.,  1826.  See  Nos. 
136-138.  The  folloiving  letter,  s.d.  (Oct.  ?,  1826),  to  Gradwell,  conveys  the  same 
interpretation:  "  Neither  my  rights  in  their  integrity ,  nor  those  of  my  successors  are 
mentioned : "  .  .  .  P.S.  J'ai  re<;u  une  lettre  dattee  du  5  Aout,  par  la  quelle  la  Pro- 
pagande  m'informe  que  le  Pere  Fortis  a  promis  de  me  payer  sc.  800  per  an.,  pendant 
ma  vie  naturelle  :  Provisorie.  J'attende  [!]  tous  les  jours  une  lettre  de  vous  ou  de 
S.  E.  Strada  Julia  [Fesch],  pour  me  diriger  relativement  a  cet  acte  de  justice 
partielle.  Car  ni  rnes  droits  dans  leur  entier  ni  ceux  de  mes  successeurs  n'y  sont 
mentiones.  (English  College  Archives,  Rome,  Gradwell  Collections,  Baltimore  and 
Quebec,  f.  236.)  In  this  accurate  rehearsal  of  the  settlement,  the  main  elements  that  it 
was  for  his  "  natural  life,"  that  his  successors  had  no  place,  and  that  the  settlement 
was  a  "promise  "  of  Father  Fortis,  were  all  correctly  apprehended. 


§  i;]  No.  213.     THE  NEW   CLAIMS,    1827  1099 

lo  sottoscritto  nella  qualifica  di  procuratore  del  Rm.°  M8.1'  Ambrogio 
.Marechal  Arciv?  di  Baltimore  ho  ricevuto  dal  Molto  Rev.  Padre  Luigi 
Fortis,  Preposito  Generale  della  Compagnia  di  Gesu,  per  le  mani  del  Rev. 
P.  Manucci  Procuratore  della  medesima,  scudi  duecento  Romani,  e  sono 
per  un  trimestre  incominciato  nel  di  1?  Nov.,  1826,  e  da  terminare  nell' 
ultimo  di  di  Germ0,  1827,  dell'  assegnamento  vitalizio  annuo  di  scudi  otto- 
cento,  in  esecuzione  in  tutto  e  per  tutto  del  foglio  presentato  dal  detto 
M.  R.  P.  alia  S.  Cong,  di  Propaganda  Fide,  ed  approvato  dalla  medesima 
S.  Congregazione  ;  qual  foglio  la  Santita  di  Nr.°  Signore,  P.P.  Leone  XII. 
fel.  regnante,  si  e  degnata  sanzionarlo,  come  risulta  da  lettera  del  24 
Decembre,  1826,  esistente  in  Archivio  della  norninata  Compagnia,  del 
E".'°  M*T  Caprano  Arciv?  d'Iconio  e  Segretario  della  lodata  S.  Congrega- 
zione, alia  quale,  etc.  In  fede,  etc. 

Koma,  5  Genn°,  1827. 

(Segnato)  :  ROBERTO  GEADWRLL. 

General  Archives  S.J.,  Epist.  R.  P.  N.  Fortis,  Lib.  IV.,  pars  1,  No.  806, 
the  General,  27  June,  1826,  to  Caprano.  Ibid.,  Maryl.  Epist.,  6,  iv.,  authentic 
copy  of  the  same.  Ibid.,  Caprano,  2  Aug.,  1826,  to  the  General.  Ibid.,  same  to 
same,  24  Dec.,  1826.  —  English  College  Archives,  Gradwell  Collections,  Baltimore 
and  Quebec,/.  251,  Gradwell's  receipt,  Rome,  5  Jan.,  1827.  —  Baltimore  Diocesan 
Archives,  17,  F,  Gradwell,  27  Feb.,  1827,  to  Marechal,  f.  il>  ,  copies  of  (1)  the 
General's  letter,  27  June,  1826,  to  Caprano;  (2)  Caprano,  24  Dec.,  1826,  to  the 
General;  (3)  Gradwell's  receipt,  5  Jan.,  1827.  —  Georgetoivn  College  Transcripts, 
1825-1830,  Shea's  abstracts,  Delia  Somaglia,  5  Aug.,  1826,  to  Marechal. 

An  exact  copy  of  this  receipt  was  sent  over  to  Baltimore  by  Gradwell. 
Another  copy  he  left  in  the  English  College  Archives  at  Rome. 
The  fundamental  document,  on  which  everything  else  rested  and 
to  which  the  receipt  referred,  Father  Fortis'  original  terms  of 
June  27,  1826,  was  also  sent  over  in  copy  to  Baltimore  ;  as  well 
as  a  copy  of  the  last  note,  sent  by  Caprano,  Dec.  ££,  1826,  to  the 
General.5 

No.  213.  1827. 

The  new  claims  :  initial  steps.  In  the  first  place,  Gradwell  advanced 
the  idea  that  the  word  "provisionally,"  which  in  the  official 
documents  signified  the  provision  of  a  life  annuity  in  lieu  of  all 
Marechal'  s  claims,  and  was  understood  by  Marechal  in  this  sense,1 


5  See  No.  213,  A,  p.  1101,  Gradwell,  27  Feb.,  1827,  to  ^ 

1  No.  212,  note  4.  There  being  only  tivo  meanings  of  provisorie  according  to 
Marechal  (No.  136,  p.  576),  the  first  that,  according  to  his  own  view,  it  should  imply 
the  recognition  of  some  permanent  right  in  himself  and  his  successors  (to  the  reversion 
of  White  Marsh  1).  the  second  that,  in  the  mind  of  the  General,  Father  Fortis,  it 
meant,  habeatur  ac  censeatur,  "  a  complete  abrogation  of  the  provisions  which  arc  foiind 
in  the  Brief  of  Pius  VII."  it  followed  that  since  the  formal  statement  of  the  General's 
mind,  expressed  in  his  offer  of  a  mere  life  annuity  for  Marechal  alone,  was  taken  as 
the  complete  basis  of  the  final  transaction,  was  sanctioned  as  such  by  the  Holy  See 
(cf.  No.  137,  p.  577),  and  was  accepted  in  Gradwell's  official  receipt  (No.  212,  E),  the 
meaning  of  provisorie  was  that  of  the  General,  not  that  of  Marechal.  In  fact,  White 


1100  No.  213,  A.      THE  NEW  CLAIMS,    1827  [VII 

conveyed  some  other  meaning,  to  wit,  not  a  life  annuity,  sua  vita 
naturale  durante,  but  an  annuity  for  his  successors  in  perpetuity 
(infra,  A).  This  was  echoed  back  from  Baltimore  (C).  Then 
Gradwell  affirmed  that  Card.  Capellari  had  said  it  was  so ;  and 
the  Jesuits  understood  it  to  be  so  (D).  This  affirmation  was 
taken  at  Baltimore  to  be  so  satisfactory,  that  the  letter  (D) 
containing  it  was  endorsed  there:  Pension  continued  to  iny 
successor.  The  letter,  containing  this  affirmation,  seems  at  a 
later  stage  to  have  been  called  documents,  which  were  better  than 
the  official  ones ;  '2  and  to  have  been  vaguely  cited  in  a  phrase, 
which  Gradwell  added  in  his  "  translation "  of  a  letter  from 
Whitfield :  all  the  documents  which  I  have  seen.3 

A.  1827,  February  27. 

Gradwell,  Borne,  27  Feb.,  1827,  to  Mareclial.  Narrative.  Apologies. 
Documents. 

...  In  my  letter  of  the  6th  of  January  I  gave  your  Lordship  an 
account  of  my  having  received  from  Father  Fortis  200  crowns,  being  the 
first  quarterly  payment  commencing  the  1st  of  Nov.,  1826,  and  ending 
the  first  of  Feb.,  1827.  I  mentioned  my  expectation,  which  was  also  that 
of  Mong.r  Caprauo,  that  I  should  receive  the  second  instalment  for  the 
second  quarter,  at  the  beginning  of  the  present  month.  But  when  I 
called  at  the  Gesu  for  it,  on  the  6th  of  Feb.,  I  was  told  by  the  pro- 
curator, Father  Manucci,  that  it  was  to  be  paid  not  at  the  beginning  but 
at  the  end  of  the  quarter,  that  is,  on  the  1st  of  May.  Upon  looking  over 
the  annexed  copies  of  letters,  I  found  that  there  had  been  an  uninten- 
tional misunderstanding  on  this  point,  and  acquiesced.  It  was  perfectly 
understood  by  F.  Fortis,  by  Mgr.  Caprano's  letter  to  him  of  24th  of  last 
Dec.,  a  copy  of  which  furnished  me  by  Father  Manucci  as  my  warrant  I 
have  sent  herewith,  that  your  Lordship's  acceptance  was  provisional ;  and 
I  declared  the  same  to  Fr.  Manucci  when  I  received  the  money.  Though 
long  and  explicit  enough  in  other  respects,  it  did  not  contain  the  word 
provisionally,  but  only  by  reference  to  the  papers  sent  herewith.  I 
mentioned  this  circumstance  to  Fr.  Manucci  the  next  time  I  saw  him. 
They  laughed  at  me  at  Propaganda  for  the  oversight,4  after  all  the  work 

Marsh  and  the  Brief  had  been  entirely  eliminated  from  the  discussion  in  Rome. 
Cf.  No.  211,  C,  GradwelVs  report  of  Card.  Fesch's  speech  at  the  general  session  of  the 
Propaganda. 

2  No.  214,  B,  ad  note  6. 

3  Ibid.,  C,  ad  fin. 

4  The  oversight-  seems  to  have  been  that  the  word  provisionally  was  not  expressed 
in  the  receipt,  though  it  was  in  the  warrant — Caprano's  letter  (supra,  D), — a  copy  of 
which  was  delivered  to  Gradivell  by  Manucci  as  a  part  of  the  transaction.     Neither 
were  other  matters  expressed  in  the  said  receipt,  being  left  in  the  warrant,  as,  for 
instance,  that  the  settlement  toas  made  and  defined  by  Father  Fortis  himself,  the  sole 


§  I?]  No.  213,  B.     THE   NEW  CLAIMS,   1827  1101 

I  had  made  about  the  matter  before.  To  account  for  it,  the  day  was  very 
wet  and  cold ;  I  had  waited  half  an  hour  in  my  wet  clothes  before  Fr. 
Manucci  came  home.  It  was  but  five  minutes  before  his  dinner  time.  So 
that  I  read  it  over  very  hastily.  But  I  have  told  him  to  draw  it  up 
differently  the  next  time. 

On  the  manner  and  times  of  sending  hint  the  Jesuit  remittances  through 
Dr.  Poynter.  On  Father  Badin.  On  the  Sulpicians  of  Montreal  and  the 
British  Government.  Cardinal  Fesch  is  recovered  from  his  long  indisposi- 
tion. He  has  the  greatest  regard  for  your  Grace  and  your  interests  ;  and, 
though  he  is  not  satisfied  with  the  late  determinations  and  told  the  Pope 
that  the  demands  of  justice  were  not  satisfied,  yet  he  thinks  that,  as  it 
was  impossible  to  do  more,  it  is  the  best  to  acquiesce ;  the  more  so  as 
much  more  has  been  done  than  for  a  length  of  time  he  thought  possible  to 
be  accomplished.  On  Ironside  :  no  papers  received,  at  the  Propaganda  that 
can  cast  any  imputation  on  him.6  The  Irish  College  has  been  just  re- 
established. Fr.  Kohlmann  and  Fr.  Vespri  sometimes  come  to  pay  me  a 
visit.  Fr.  ~K[ohlm«,nn]  is  a  respectable  professor,  but  nothing  brilliant. 
Fr.  Vespri  is  Minister  at  the  Gesu. 

[F.  1"'.']  I.  Copy  of  a  Letter  from  Father  Luigi  Fortis,  General  of  the 
Jesuits,  to  Mgr.  Caprano,  Secretary  of  the  Propaganda. 

11111"?  e  Rmo  .  .  .  Dopo  avere  il  Preposito  ...  27  Giugno,  1826H  .  .  . 

II.  Copy  of  a  letter  from  Mgr.  Caprano,  Secretary  of  the  Propaganda 
to  Fr.  Luigi  Fortis. 

.  .  .  Essendo  stata  comunicata  a  Mgr.  Ambrogio  Marechal  ...  a 
fame  in  suo  nome  la  riscossione  .  .  .  Gradwell  .  .  .  Pietro  Caprano, 
24  Dec.,  1826  .  .  7 

III.  Copy.     lo  sottoscritto  nella  qualifica  .  .  .  alia  quale,  etc.     In 
fede,  etc.     Roma,  5  Gen.,  1827.     (Signed):  ROBERTO  GRADWELL.* 


8 


B.  1827,  April  22. 

Marechal,  22  Apr.,  1827,  to  (Cardinal  Fesch).  Expression  of  gratitude, 
notwithstanding  the  ill  success  of  the  enterprise.  Thanks  to  the  Cardinal  for 
the  years  of  valiant  Jighting  on  behalf  of  Baltimore  ;  as  also  for  his  having 
kept  silence,  when  that  unworthy  judgment  was  passed,  which  allowed 
Marechal  only  800  scudi  a  year.  It  was  a  just  protest  of  his  Eminence  at 
the  sight  of  such  timidity  on  the  part  of  the  Propaganda. 

MON    BIEN   BON    ET    CHER    SEIGNEUR, 

Si  je  cedois  aux  sentiments  de  respect  et  de  reconnoissance  que 
j'eprouve   pour  votre  Grandeur,  je  vous  importunerois  souvent  de   mes 

author :  la  determinazionc  presa  da  Vr?  P1?  medesima.  Cf.  supra,  note  1.  Hence 
it  appears  that  essential  conditions  of  the  settlement  were  not  of  importance  with 
Gradwell,  but  the  word  provisionally  was. 

'•>  Cf.  No.  140,  note  1. 

6  No.  212,  A. 

•  Ibid.,  D. 

8  Ibid.,  E. 


1102  No.  213,  C,  D.     THE  NEW  CLAIMS,    1827  [VII 

lettres ;  rnais  apres  avoir  defendu  les  droits  de  mon  siege  avec  un  courage 
si  noble  et  si  soutenu,  je  dois  me  tenir  en  garde  centre  1'indiscretion  qui 
me  porteroit  naturellernent  a  m'addresser  souvent  a  vous,  comme  un 
enfant  gate  s'addresseroit  a  son  pere. 

J'ai  ete  enchante  que,  dans  la  congregation  oil  il  a  ete  arrete  que  mes 
adversaires  me  payeroient  seulement  800  ecus  Romains,  vous  ayez  garde 
le  silence.  C'etoit  ce  que  votre  Grandeur  pouvoit  faire  de  mieux.  Je 
regarde  la  fin  de  tant  de  demarches  plutot  comme  le  resultat  de  timides 
negociations,  qu'un  jugement  digne  de  Rome. 

On  getting  back  from  Rome  the  six  young  Jesuits  "belonging  to  Ms  diocese" y 
de  mon  diocese.10  His  health  is  failing.  Question  of  a  coadjutor. 

C.  1827,  June  22. 

Marechal,  22  June,  1827,  to  Gradwell.  He  re-echoes  and  defines  Ihe 
idea  conveyed  by  Gradivell  (supra,  A),  on  "provisional."  Against  the 
Dominicans  of  Ohio,  the  Bishop  of  Philadelphia,  irremovable  pastors  (see 
No.  135,  U).  Directions  concerning  the  late  decision  in  the  matter  of  the 
pension.11 

It  will  be  necessary  for  you  to  keep  look  -  -  at  the  conduct  of  my 
adversaries,  otherwise  they  will  lay  aside  all  the  conditions  upon  - 
receive  the  trifling  sum  they  are  to  pay  me,  viz.  1°  provisorie,  id  est, 
integre  reman  -  -  successorum  ulteriori  jure  ;  2°  that  this  sum  should 
be  paid  likewise  to  my  -  -  only  durante  mea  vita.12  My  health  is  now 
a  little  better.  Two  months  ago  -  -  -  and  now  day  and  night. 

A  thousand  respects  to  good  Card.  Fesch.  My  best  compliments  to 
my  friends  and  particularly  to  your  seminarists.  Tout  a  vous. 

+  A.  A.  B. 

D-  1827,  September  4. 

Gradwell,  Rome,  4  Sept.,  1827,  to  Marechal;  endorsed  by  the  latter: 
Pension  continued  to  my  successor.  .  . 

...  On  the  18th  of  August  I  gave  your  Grace's  letter  to  Cardinal 
Capellari.  ...  I  read  to  his  Eminence  that  part  of  your  Lordship's 
letter  which  charged  me  to  make  it  well  understood  that  you  receive  from 
Father  Fortis  the  800  crowns  a  year,  only  with  a  reserve  of  the  right  of 
your  See,  and  of  your  successor  ;  and  by  no  means  as  an  annuity  to  expire 

s  Cf.  No.  132,  ad  note  8. 

There  is  no  allusion  in  this  letter  to  the  new  claims  on  behalf  of  successors  ;  nor 

%n  the  letter,  dated  the  next  day,  to  Gradwell,  whom  he  thanks  for  the  settlement  of  the 

case,  giving  directions  as  to  the  future  remittances  every  three  months  through  Mgr. 

Poynter,  Vicar  Apostolic  of  London.      (English  College  Archives,  Rome,  Gradwell 

Collections,  Baltimore  and  Quebec,  f.  255,  23  Apr.,  1827 ;  original.) 

For  the  probable  originator  of  the  new  claims,  which  now  appear  in  this  letter, 
cf.  No.  133,  C,  p.  532. 
12  Cf.  No.  133,  G. 


§  17]  No.  213,  E,  F.     THE  NEW  CLAIMS,    1827  1103 

with  your  Lordship.13  The  Cardinal  said,  this  is  perfectly  understood  on 
all  hands.  The  Jesuits  are  perfectly  aware  of  it.  And  you  may  tell  the 
Archbishop  that,  if  the  Fathers  should  refuse  to  pay  it  to  his  successors, 
Propaganda  will  compel  them  to  do  so ;  on  the  same  grounds  as  they  do 
at  present.  I  have  now  received  three  quarterly  instalments.  Statement 
of  accounts.  Items  about  Mr.  G.  Errinyton  and  Dr.  Wiseman. 

E.  1827,  October  1. 

Marechal,  Baltimore,  1  Oct.,  1827,  to  Card.  Capellari,  Prefect  of  the 
Propaganda. 

On  Philadelphia ;  on  various  bishops,  especially  Flaget.  On  Father 
Fortis,  and  the  six  young  American  Jesuits,  natifs  de  mon  diocese,  who  are 
kept  in  Italy.14  Eligible  successors  to  the  See  of  Baltimore  :  James  Wlutfield, 
James[l]  Eccleston,  and  Michael  Wlieeler.  Whitfield  is  rather  old,  57  years, 
but  otherwise  most  eligible.  The  other  two  are  rather  young,  about  26  or  27 
years  ;  after  their  studies  in  Baltimore  seminary,  and  their  ordination  to  the 
priesthood,  Marechal  sent  them  to  the  noviciate  of  St.  Sulpice  in  Paris. 

F.  (1827.) 

Testamentary  memorandum  drawn  up  by  Marechal :  De  mensa  episcopali 
Praesulis  Baltiruorensis.  Sec  Nos.  140,  B;  187,  A,  ad  note  8.13 

Baltimore  Diocesan  Archives  17,  F,  Gradwell,  Rome,  27  Feb.,  1827,  to 
Marechal;  2  pp.  large  fol.,  the  second  page  containing  the  copies  of  the  three 
official  documents  named.  Ibid.,  same  to  same,  4  Sept.,  1S27. — -English  College 
Archives,  Rome,  Gradwell  Collections,  Baltimore  and  Quebec,  f.  253,  Marechal, 
22  Apr.,  1827,  to  (Fesch) ;  a  copy.  Ibid.,  f.  266,  Marechal,  22  June,  1827,  to 
Grad'Wcll.  Ibid.,  ff.  259-262,  Marechal,  1  Oct.,  1827,  to  Card.  Capellari,  Prefect 
of  the  Prox>aganda  ;  a  copy. — Propaganda  Archives,  America  Centrale,  1827, 
1828,  vol.  9,  -Marcchal,  1  Oct.,  1827,  to  Capellari. — Georgetown  College  Tran- 
scripts, 1827,  Oct.  1,  Marechal  to  Capellari ;  a  copy  from  Scritture  riferite  nei 
congressi,  1827,  1828,  America,  vol.  9;  8pp.  4to,  a  characteristic  letter. 

13  The  point  of  this  passage  seems  to  be  in  the  reservation  of  a  right  (to  White 
Marsh  ?) ;  for  the  rest  of  the  sentence,  in  the  light  of  the  documents  transmitted  by 
Gradwell  (supra,  A),  and  quoted  exactly  by  Marechal,  only  durante  mea  vita  (C)  is  a 
contradiction  in  terms — that  a  life  annuity,  limited  to  the  person  of  the  annuitant, 
should  not  expire  with  the  same.    However,  as  the  essential   limitation,   sua  vita 
naturale  duraute,  has  disappeared  from  Gradwcll's  statement,  so  it  disappears  from 
the  entire  conduct  of  the  new  campaign. 

14  C/.  No.  132,  ad  note  8. 

15  In  an  ordinary  official  letter,  writing  as  a  consullor  of  the  Mission  or  councillor 
of  the  Superior,  Father  Beschter  told  the  General  in  a  letter,  dated  six  days  before  the 
death  of  Mgr.  Marcchal,  that  he  visited  the  sick  prelate  almost  every  day,  and  received 
his   blessing ;    and  the  writer  continues :    "  He  [Marechal~]  has  written  not  a  few 
directions  for  his  successor,  and,  wlicn  he  was  no  longer  able  to  write,  the  Rev.  Mr. 
James  Whitfield  wrote  at  his  dictation,  and  entertains  the  greatest  hope  of  succeeding, 
and  of  following  in  his  footste2^s.     The  archbishop  refuses  to  recognize  the  privileges  of 
the  Society,  until  he  shall  be  authentically  notified  by  the  Holy  See.     This  is  what  he 
himself  said  to  me  lately."     On  the  back  of  this  letter,  among  other  points  the  General 
notes  :  "  The  deceased  bishop  should  be  commended  to  Ours."    (General  Archives  S.J., 
Maryl.  Epist.,  3,  i.,  Beschter,  23  Jan.,  1828,  to  the  General.)     The  "  privileges  "  referred 
to  by  Beschter  are,  no  doubt,  those  conveyed  by  Leo  XII.  (Delia  Gcnga)  in  the  Brief, 
Plura  inter,  11  July,  1826  (cf.  No.  188,  E,  note  6).     The  authentic  notification  of 
such  acts  is  accomplished  in  Borne  by  official  communication  to  the  parties  concerned. 


1104  No.  214,  A.     WHITFIELD  AND   GRADWELL,    1828  [VII 

No.  214.  1828. 

Whitfield  and  Gradwell :  the  new  claim  for  a  pension  from  the 
General  of  the  Jesuits  on  behalf  of  Marechal's  successor. 
The  aspirant  to  the  archicpiscopal  See  of  Baltimore  on  the  death 
of  Marechal  admitted  to  Gradwell  that,  if  he  were  elected,  not 
only  was  there  no  ground  of  poverty  on  which  to  claim  a  subsidy, 
but  that  he  enjoyed  a  competency ;  however,  it  would  be  a  d  [%£?/] 
as  it  was  for  the  Archbishop  [deceased]  of  providing  for  his 
successors,  and,  whatever  income  he  could  accumulate,  he  could 
use  it  (infra,  B).  To  the,  Superior  of  the  Jesuits  he  mentioned 
"  a  rescript  of  Cardinal  C.  averring  "  that  Marechal's  life 
annuity  from  the  General  was  an  annuity  in  perpetuity  for  all 
successors;1  otherwise  Marechal  would  not  have  accepted  it  (I)). 
He  also  said,  that  he  had  better  documents2  than  the  official 
ones  (B).  This  letter  to  Gradwell  contained  some  tactical  errors, 
inasmuch  as,  first,  the  writer  impeded  his  own  succession  by  the 
air  of  ambition  in  the  paper,  and,  secondly,  he  cut  the  ground 
from  under  all  claim  to  a  pension  by  mentioning  not  only  the 
official  documents  of  the  Jesuit  Superior,  but  also  his  own 
financial  competency  without  a  subsidy  from  any  one.  Gradwell, 
presenting  to  the  Propaganda  a  traduzione  dall'inglese,  a 
"  translation  from  the  English,"  of  Whitjield's  letter,  corrected 
these  tactical  errors,  without  saying  a  word  about  them,  remoulded 
the  whole  text,  and  produced  a  different  document.  He  signed  it 
as  authentic  (C).  In  a  subsequent  letter,  Whitfield,  archbishop- 
elect,  writing  to  Card.  Capellari,  Prefect  of  the  Propaganda, 
made  no  mention  of  the  alleged  "  rescript  of  Cardinal  C.,"  but 
entreated  him,  in  the  matter  of  the  Baltimore  See's  property 
"  recovered "  by  Marechal  from  the  Fathers  of  the  Society  of 
Jesus,  "  to  deter  "  Father  Fortis  from  all  measures  which  "  would 
injure  religion  and  scandalize  the  faithful"  by  not  "paying  the 
money  agreed  on "  with  Marechal  (G).  At  this  stage  of  the 
proceedings,  Gradwell  himself  became  a  bishop. 

A.  1828,  February  4. 

J.  Tessier,  Superior  of  the  Baltimore  Seminary  and  Vicar  General, 
4  Feb.,  1828,  to  Card.  Capellari,  Prefect  of  the  Propaganda. 

Announcing  the  death  of  Archbishop  Marechal ;  recommending  as  successor 
the  Rev.  Mr.  Whitjield,  wlio  for  many  reasons  is  quite  fit  to  conduct  the 

1  C/.  No.  213,  D. 

-  Apparently  No.  213,  D  ;  and  possibly  ibid.,  F. 


§  i?]  No.  214,  B.     WHITFIELD  AND   GRADWELL,    1828  1105 

diocese  on  the  same  lines  of  prosperous  policy  as  Dr.  Marechal :  Omnino 
aptus  est  ad  eandem  administrationis  formam  prosequendam,  quam  RT 
D.  Marechal  cum  tanta  Ecclesiae  prosperitate  pi-osecutus  est.   .   .   . 

3.  1828,  February  5. 

James  Whitfield,  Baltimore,  5  Feb.,  1828,  to  Gradiocll.  A  long  account 
of  the  decease,  funeral,  etc.,  of  the  late  Dr.  Marechal.  His  disposal  of 
property  by  will.  The  Jesuits.  Whitfield' s  otvn  policy,  if  appointed  to 
succeed  the  late  archbishop. 

.  .  .  The  Rev.  Dr.  Tessier,  in  his  letter  inclosed,  urges  the  Propaganda 
to  concur  in  my  appointment  as  successor  to  the  Archbishop.  I  knew 
nothing  of  my  name  being  proposed  till  the  evening  before  my  late 
beloved  friend  received  the  viaticum  ;  who  then  informed  me — I  remarked 
with  tears — that  it  was  after  a  long  deliberation,  and  not  through  his 
particular  friendship  for  me,  but  because  at  present  he  saw  no  other,  who 
was  so  likely  as  I  to  keep  things  in  their  present  prosperous  state  and  to 
go  on  improving.  I  answered  that  after  his  death  I  had  intended  to 
return  to  England  ;  but  he  urged  me  to  the  contrary  ;  and  his  request, 
joined  to  that  of  the  numerous  clergy  of  the  Seminary,  and  the  general 
wish  (I  am  told)  of  the  Congregation,  would  engage  me  to  accept  the 
appointment,  if  made. 

The  Archbishop  was  afraid  the  Jesuits  might  intrigue  as  to  a  nomina- 
tion of  their  own.3  I  am  sorry  to  say  that  the  Superior  here,  and  almost 
the  whole  of  his  small  Society,  are  not  friendly  to  the  Archbishop's 
memory ;  and  especially  the  Superior  and  a  Mr.  Beschter  we  have  in 
Baltimore  are  continually  tending,  it  would  appear,  to  interpret  in  quite 
a  wrong  light  the  laudable  things  done  by  the  deceased  prelate.  As  they 
will  be  immediately  writing  to  Rome,  it  may  be  proper  to  mention  these 
facts.  From  the  Sulpicians  of  Canada,  from  France  and  Italy,  the 
Archbishop  has,  since  a  few  years,  received  considerable  sums ;  but,  as  he 
remarked  a  few  days  before  his  death,  being  given  to  him  as  a  poor  man, 
he  would  not  make  use  of  them  for  himself,4  and  had  begun  some  time  since 
to  give  a  part  towards  extinguishing  the  40,000  dollars  due  by  the  cathedral. 

In  his  will  he  has  not  left  a  dollar  but  for  religious  and  charitable 
purposes:  $2,400  to  the  cathedral,  $1,200  to  the  female,  $1,200  to  the 
boys',  and  $360  to  another  orphaline  asylum  ;  several  other  sums  to  different 

3  Among  various  tints  and  shades  put  in  the  Italian  translation  by  G-radwell  on 
the  text,  this  invidious  remark  is  improved  into  a  nomination  of  "  one  of  tJieir  own 
members  "  ;  but  intrigue  is  toned  down  to  "  desire  "  :  desiderebbero  di  nominare  uno 
de'  Loro  soggetti.  The  sentence  almost  immediately  following,  which  betrayed  that  the 
truth  of  the  statement  could  be  tested,  is  omitted :  As  they  will  be  immediately  writing 
to  Rome,  etc. 

1  The  sequence  of  ideas  here  is  riot  clear :  he  received  sums,  as  being  a  poor  man, 
and  therefore  made  presents  of  them.  Gradwell  eliminates  the  non-sequence  by  insert- 
ing a  conjunction,  which  gives  a  different  sense :  benche  dategli  come  ad  un  povero, 
"although  given  to  him  as  a  poor  man,  lie  would  not  use  them  for  himself."  The 
sums  noted  here  are,  first,  a  contribution  to  the  cathedral ;  secondly,  $5160 ;  thirdly, 
several  other  sums.  Cf.  No.  211,  p.  1091. 


1106  No.  214,  B.     WHITFIELD  AND   GR  AD  WELL,    1828  [VII 

religious  and  charitable  purposes.     And  his  will  has  given  to  all  good 
people  the  finishing  stroke  to  his  pious  and  charitable  reputation. 

Fr.  Zorozinski  \_Dzierozynski\  and  Fr.  T$\_eschter~\  may  put  their  imagina- 
tions to  work,  and  manifest  in  Rome,  what  they  too  plainly  have  manifested 
here,  their  uncordial  feelings  towards  the  deceased  prelate.  I  may  judge 
this  from  letters  I  have  seen  under  the  hand  of  the  former  and  from  con- 
versations I  have  had  with  both,  particularly  two  evenings  ago,  when  they 
told  me  their  mind  and  I  opened  mine  to  them  as  freely.5  They  are  highly 
displeased  that,  during  my  administration,  I  shall  act  as  I  think  the 
Archbishop  would  have  done,  that  I  praised  those  acts  of  his  which  they 
condemned  ;  that,  so  far  from  testifying  any  regret  for  his  conduct  towards 
them,  he  had  not  shown  the  least  scruple,  but  firmly  and  piously  persevered 
to  the  end  in  the  provision  he  had  obtained,  not  only  for  himself  but  for 
his  successors. 

Fr.  Z.  [Dzierozynski]  said  he  had  official  documents  to  prove  the  $800 
were  only  for  his  life.  I  said,  I  had  better  ones  to  show  the  provision  was 
made  in  perpetuum.6 

One  replied  that,  if  I  [Whitfield]  were  Archbishop  and  received  that 
salary,  [lie]  would  no  longer  be  my  friend — to  which  threat  I  made  no 
answer.  They  were  highly  offended  at  my  disclosing  such  sentiment  and 
no  doubt  will  inform  their  friends  of  what  they  may  expect  from  me.— 
They  may  represent  that  I  have  considerable  property  of  my  own  j  and 
it  is  true ;  while  the  States  Bank  pays  6  f .  ct.  as  it  does  now,  I  may  have 
600  to  800  dollars  a  year  ;  but  for  two  or  three  years  it  gave  no  dividend  at 
all,  and  the  same  may  happen  again.  Besides,  if  I  were  named,  it  would 
be  a  d[uty  ?J  as  it  was  for  the  Archbishop  of  providing  for  his  successors  ; 
and,  whatever  income  1  might  have  altogether,  it  would  certainly  not  be 
too  much  for  the  wants  of  the  cathedral  and  the  various  religious  institutions 
arising  in  the  diocese. 

I  thought  proper  to  mention  this  to  put  your  Reverence  on  your  guard. 
It  is  a  pity  that  this  is  necessary.  It  is  a  pity  that  they,  whose  motto 
is  Ad  majorein  Dei  gloriam,  should  not  have  co-operated  to  the  utmost  of 
their  power  with  the  holy  zeal  of  the  Archbishop.  His  successor  will 
probably  have  the  same  difficulties,  especially  [as]  long  as  a  Polish  or 
Russian  be  at  the  head,  who,  according  to  Archbishop  Carroll  (a  Jesuit) 
had  strange  notions  regarding  their  privileges  and  exemptions. 

I  remain,  Rev.  and  Dear  Sir, 

Yours  most  sincerely, 

JAMES  WHITFIELD.? 

5  From  this  point  Wliitficld' s  text  seems  to  have  become  unmanageable  or  incor- 
rigible for  Gradwell :  during  my  administration  I  shall  act ;  official  documents ;  Ms 
own  considerable  property  ;  his  duty  to  accumulate  money  for  himself  and  successors, 
since  he  could  use  whatever  he  got.    Gradwell  reduces  and  recasts  all  this,  as  seen  infra, 
C.     It  is  to  be  noted  that  Whitfield's  nomination  as  coadjutor  to  Marechal  had  already 
been  made  in  Rome,  when  Gradivell  presented  his  "  translation." 
0  These  two  sentences  are  suppressed  in  Gradwcll's  "  translation." 
"  On  the  tenor  and  style  of  this  letter  and  of  otlicrs  infra,  from  the  same  pen,  cf. 
No.  135,  P,  note  49. 


§  iy]  No.  214,  C,  D.     WHITFIELD   AND   GRADWELL,    1828          1107 

C.  1828,  February  5. 

Gradwell's  "  translation"  of  the  foregoing,  as  presented  to  the  Propaganda. 
Text  of  the  latter  portion  on  the  issue  with  the  Jesuits. 

Traduzione,  dall'  Inglese,  di  una  Lettera  scritta  da  D.  Giacomo  Whit- 
field  Vicar io  Generale  di  Baltimore  (nominate  Coadjutore)  in  data  di 
Baltimore,  5  Febbraro,  1828  :  a  D.  Eoberto  Gradwell. 

.  .  .  Nel  suo  testamento  ha  lasciato  tutto,  fino  all'ultimo  scudo,  a  qualche 
oggetto  di  religione  o  di  carita ;  cioe  2,400  alia  Cattedrale,  1,200  alia  casa 
delle  zitelle,  1,200  alia  scuola  de'ragazzi,  ed  altre  somme  ad  altri  carita- 
tevoli  fini.  II  suo  testamento  ha  coronato  nella  stima  di  tutti  i  buoni  la 
riputazione  che  godeva  mai  sempre  di  Prelato  caritatevole. 

II  P.  Zorozinski,  e  talun  altro  di  sua  compagnia,  nelle  loro  lettere,  che 
io  ho  vedute,  ed  in  conversazione  con  me,  due  giorni  sono,  si  mostrano  mal- 
contenti  tanto  coll'  Arcivescovo  che  con  me,  riguardo  all'assegnamento  di 
800  scudi  annui  ordinato  da  pagarsi  dal  Generale  de'Gesuiti  all' Arcives- 
covo di  questa  Sede ; 8  con  me,  perche  io  ho  sernpre  approvato  quelli  atti 
dell' Arcivescovo,  che  loro  condannano.9     Uno  di  loro  mi  disse  che,  se  io 
diventassi  Arcivescovo,  e  ricevessi  quell'appuntamento  di  800  scudi,  cesse- 
rebbe  per  sempre  di  essere  ilmio  amico.  Ad  una  talminaccia  non  risposi  nulla. 
Credevo  di  poter  scrivere  a  voi  queste  osservazioni  per  vostra  informazione. 
Io  so  per  altro  da  tutti  i  documenti  che  ho  veduti,  che  S.  Santita  aggiudico 
quell'   assegnamento    annuo,   non    personalmente    a    Mgr.    Marechal,   ma 
all'Arcivescovo ;    e  non  fu  accettato  de  Mgr.  Marechal,  che  con  riserva 
dei  diritti  de'suoi  successori  :    "  For  the  rest,  I  know  by  all  the  documents 
which  I  have  seen,  that  his  Holiness  adjudged  that  allowance,  not  personally 
to  Myr.  Marechal,  but  to  the  archbishop ;   and  it  was  not  accepted  by  Mgr. 
Marechal  save  with  a  reserve  of  the  rights  of  his  successors." 

[Signed  in  another  hand  and  ink:]  Collegio  Inglese,  21  Marzo,  1828. 

ROBEKTO  GRADWELL. 

[Endorsements  and  superscription :]   America  sett. 

A  Sua  Eminenza  E"!a  II  Sigr  Card1?  Cappellari,  Prefctto  della  S.  Cong".6 
di  Propaganda  Fide. 

5  feb.  1828.  Si  descrive  la  uiorte,  ed  il  funerale  dell'  arciv.  di  IJaltimora. 
f  Si  parla  del  successore.  f  Per  il  nominato  Arci-Vescovo  di  Baltimora. 

D  1828,  February  10. 

Dzierozynski,  10  Feb.,  1828,  to  the  General.    Account  of  his  interview  with 
Whitjield.     Extract  translated  from  the  Latin. 

8  Ordinato  .  .  .  Sede  :  this  is  GradwelVs  own  in  the  rechauffA  of  the  rest. 

9  Here,  the  two  sentences  about  documents  are  left  out.     What  follows  is  partly  a 
patchwork  of  Whitficld's  phrases  picked  out  here  and  there,  partly  an  original  con- 
tribution of  Gradwell' s  to  his  traduzione. 

10  As  a  "  translation,"  this  document  of  GradweWs  is  not,  recognizable,  with  its 
suppressions,  insertions,  and  transpositions.    But,  as  a  campaign  document,  eliminat- 
ing what  might  compromise  the  case,  and  interpolating  what  might  reinforce  it,  the 
substitution  is  an  instructive  performance. 


1108         No.  214,  E,  F.      WHITFIELD  AND    GR  AD  WELL,    1828  [VII 

.  .  .  "He  [Marechal]  is  said  to  have  left  many  instructions  to  his  suc- 
cessor, whoever  he  may  be,  that  he  may  not  depart  from  his  own  manner  of 
governing  the  diocese  ;  and  the  Rev.  Mr.  Whitfield,  at  least,  candidly  con- 
fessed to  me  that,  in  case  he  should  succeed  the  deceased  prelate,  he  would  not 
depart  from  the  method  followed.  He  added  too,  that  he  had  understood  for 
certain  from  the  Archbishop,  now  resting  in  the  Lord,  that  the  pension,  which 
your  V.  Rev.  Paternity  undertook  to  pay  for  us,  was  to  go  to  his  successors  in 
perpetuity  ;  otherwise  the  deceased  prelate  would  never  have  accepted  it  ;  and 
he  says  that  he  has  seen  a  rescript  of  Cardinal  (7.  ...  averring  this.  I  did 
not  want  to  contradict  him  ;  I  merely  answered  that  this  was  an  affair  which 
we  do  not  decide,  but  Rome  by  whose  decision  we  must  abide"  The  case  of 
the  church  at  Upper  Marlborough.11  Dzierozynski  expects  to  see  no  remedy 
applied,  "except  by  Rome,  or  by  a  successor  who  is  imbued  with  other  than 
Gallican  principles."  Enumeration  of  bequests  in  Marechal's  will  ;  12  "  besides 
many  hundreds  of  dollars  to  the  hospital  and  other  institutions,  as  I  heard 
from  the  same  Rev.  Mr.  Whitfield.  .  .  ." 

E.  1828,  February  11. 

Beschter,  Baltimore,  11  Feb.,  1828,  to  Dzierozynski.  Whitfield  reasserts 
his  position. 

.  .  .  Since  your  return,  Mr.  Whitfield  came  to  tell  you,  that  he 
examined  the  correspondence  of  the  Archbishop  with  his  agent  in  Rome 
(the  prefect  of  the  English  College)  and  with  the  Propaganda,  and  saw 
the  letter  of  the  prefect  of  the  Propaganda,  saying  it  was  understood  that 
this  pension  is  to  be  payed  in  perpetuum;13  and  therefore  Mr.  Whit- 
field said  he  has  nothing  to  retract  of  what  he  said  to  you  here.  .  .  . 

F.  1828,  March  29. 

Whitfield,  Baltimore,  29  Mar.,  1828,  to  Gradwell.  Urgency  in  his 
claims.  Altercation.  Abstract  from  the  Italian  translation,  submitted  by  the 
agent  to  the  Propaganda,  17  May,  1828. 

Receipt  of  Gradwell's  letters,  dated  10  Dec.  and  19  Jan.  Whitfield 
rehearses  the  substance  of  his  letter,  dated  4  Feb.,14  with  some  variations  in 
the  form  of  expression,  as,  for  instance,  that  those  two  Jesuits  were  "preju- 
diced "  against  the  deceased  Archbishop,  "  because  he  had  received  from  Rome 
an  allowance  awarded  to  him  by  two  Sovereign  Pontiffs,"  un  assegnamento 
aggiudicatogli  da  due  Sommi  Pontefici.15 

11  No.  135,  0,  P. 

12  Cf.  supra,  B. 

13  If  Whitfield  said  this  to  Beschter,  lie  did  not  repeat  it  to  the  Cardinal  himself, 
in  the  presentation  of  his  claim.     See  infra,  G. 

4  Supra,  B. 

15  See  No.  212,  B,  D.  What  the  Secretary  of  the  Propaganda  had  defined  as  a 
"  sum  promised,"  as  a  "resolution  taken"  by  Father  Fortis  :  Somma  .  .  .  promessa, 
la  deterrninazione  presa  da  V™  P?4  medesima,  has  now  in  one  year  and  a  half 
developed  into  "  an  allowance  adjudged  to  him  [Marechal]  by  two  Sovereign  Pontiffs." 
This  description  survives  henceforth.  See  No.  217,  D.  E.  the  documents  of  S.  Eccleston. 
Cf.  No.  212,  C,  note  4. 


§  i;]  No.  214,  G.     WHITFIELD  AND   GRADWELL,    1828  1109 

"  But  that  which  gave  the  greatest  pain  to  me  and  to  all  the  fifteen  Priests 
of  Baltimore  was  the  fact  of  F.  Dzierozynski  writing  a  letter,  which 
F.  Beschter  showed  me  ;  saying  therein  that  he  was  glad  the  Mgr.  Archbishop 
had  had  time  in  his  long  illness  to  repent  of  what  he  had  done  against  the 
Jesuits  ;  St.  Josaphat,  Polish  Bishop,  having  declared  that  '  no  one  who  icas 
an  enemy  of  the  Jesuits  was  in  the  number  of  the  elect.'  I  know  that  the 
Archbishop  did  not  want  ever  to  receive  the  allowance  of  800  crowns  annually 
for  himself  alone ;  but  it  was  to  be  without  prejudice  to  his  successors;  and, 
in  his  last  sickness,  he  spoke  to  me  of  this  aivard,  mi  parlo  di  questa  aggiu- 
dicazione,  as  regarding  equally  all  his  successors ;  and  he  directed  me  to 
collect  the  balance  of  what  should  be  due  to  him  in  Rome  at  the  time  of  his 
death. 

"  For  myself,  I  want  to  act  with  the  same  prudence  and  char  it  if  towards 
them,  but  also  'with,  the  same  firmness,  as  the  venerable  deceased  exempli/led  so 
nobly  in  himself.  And  I  beg  you  to  collect  the  instalments,  and  to  send  me 
200  crowns  every  three  months,  as  before." 

Attested  by  the  agent:  Collegio  Inglese,  17  Maggio,  1828. 

ROBEKTO  GRADWELL. 


G.  1828,  May  27. 

Wliitfield,  Archbishop- elect  of  Baltimore,  to  Card.  Capellari,  Prefect  of 
the  Propaganda.  He  claims  a  pension  from  the  General  of  the.  Society  on 
the  grounds  represented  to  him  by  Mgr.  Marechal ;  that  the  latter  had 
"  recovered  "  from  the  Jesuits  the  temporalities  granted  in  perpetuity  to  the 
See  of  Baltimore,  and  that  he  had  accepted  the  pension  of  800  scudi  per 
annum,  on  condition  that  the  same  should  pass  to  his  successors.  Wliitfield 
asks  the  Propaganda  to  "  deter  "  the  General  from  disputing  the  claim  ;  and 
appoints  Gradwell  collector  of  the  instalments.  Extract. 

Acknowledges  the  receipt  of  the  Cardinals  letter,  dated  19  Jan.,  1828. 
The  pallium.  Then  the  pension: — ISTon  ignorat  Eminentia  tua,  Archi- 
episcopo  Marechal  multum  laboris  rnulturnque  temporis  insumeudum 
fuisse,  ut  bona  teraporalia,  quibus  antecessores  sui  fruebantur,  et  quae 
Sedi  Baltimorensi  erant  in  perpetuum  concessa,  a  Patribus  Societatis  Jesu 
recuperaret ;  nee  te  latet  ilium  800  scudi  Romani  singulis  aiinis  sibi 
solvendos  ea  conditione  accepisse  ut,  jure  successorum  salvo  remanente, 
ipsis  etiam  eadem  pecuniae  summa  ab  praedictae  Societatis  Praeposito 
Generali  in  perpetuum  solvenda  esset.  Rebus  igitur,  Sacra  Congre- 
gatione  statuente,  ita  compositis,  causam  Romae  finitam  esse  ab  Archi- 
episcopo  Marechal  saepe  ipsemet  audivi.  Cum  autem  ex  variis  qui  circuin- 
feruntur  rumoribus  collegerim,  Patres  Societatis  Jesu  controversiam 
redintegraturos  et,  ut  jure  suo  Archiepiscopus  Baltiniorensis  excludatur, 
operam  navaturos,  enixe  Erninentiam  tuam  rogo  atque  obtestor,  ut,  te 
auctore,  Sacra  Congregatio  ad  Patrem  Fortis  hac  de  re  scribat,  eumque 
de  obligatione  pactam  pecuniam  solvendi  admoneat,  atque  ab  omnibus 


11LO  No.  214,  H.     WHITFIELD  AND   GR AD  WELL,    1828  [VII 

consiliis,  quae  religion!  injuriae  ac  fidelium  pietati  scandalo  forent, 
deterreat.  Coeterum  Rev'1?  Doctori  Gradwell  auctoritatem  dedi  hosce 
aimuales  reditus  statutis  temporibus  accipiendi,  acceptosque,  nomine  meo, 

venerando  Patri  Fortis  referendi.  .   .   . 

JACOBUS  WHITFIELD, 
Archiepiscopus  Baltimorensis  electus. 
Baltimori  die  Mai  27,  1828. 

Erninentissimo  Cardinal i  Cappellari,  Praefeeto  Sacrae  Congregationis 
de  Propaganda  Fide. 

H.  (1828,  July  2.) 

William  Matthews,  administrator  of  the  diocese  of  Philadelphia,  (Wash- 
ington, 2  July,  182S^),IG  to  Kohlmann  (Home).  On  the  anti-Jesuit  animus  of 
the  new  Archbishop,  James  Wliitfield.  Abstract  from  the  Italian  copy. 

The  affair  of  Harold,  Philadelphia,  and  his  appeal  to   the  Secretary  of 
State,  Mr.  Clay.     Clay  sent  Harold's  letter  by  Mr.  Brent  to  Matthews  ;   and 
the  latter  (jave  complete  satisfaction  on  the  subject  of  the  spiritual  censures 
inflicted  on  Harold.      Tlie  Archbishop  of  Baltimore  has  just  given  Confirma- 
tion in  Matthews'  church.     "  He  is  an  enemy  of  the  Jesuits,  at  least  as  much 
as  his  predecessor  defunct.     He  should  be   admonished  from  Rome   to  free 
himself  from  this  hatred  for  the  Society,  which  is  the  hope  of  religion  in  these 
countries.     He  is  also  an  enemy  of  Mount  St.  Mary's,  Emmitsburg."     L'Arci- 
vescovo  di  Baltimore  oggi  ha  cresimato  nella  nostra  Chiesa.     E   nemico 
de'Gesuiti  per  lo  meno  quanto  il  suo  predecessore  defonto.     E  necessario 
che  da  Roma  sia  ammonito  di  deporre  quest'  odio  della  Compagnia,  che  e 
la  speranza  della  religione  in  queste   nostre   contrade.     E  nemico  egual- 
mente  del  Seminar io   del  Monte   S.   Maria   a   Emittsburg.      II   R.    Sigf 
Egan  lo  [la  ?]  inforniera  di  quest'  affare.     Many  particular  items  of  eccle- 
siastical business.     "  The  Archbishop  of  Baltimore  is  determined  to  reproduce 
the  claims  of  his  predecessor.     I  am  told  that  a  Visitor,  with  the  character  of 
Vicar  Apostolic,  is  to  be  sent  soon  "  :  L'Arciv?  di  Baltimore  e  determinate 
a  riprodurre   le  pretese  del  suo  predecessore.     Mi  vien  detto,  che  sara  in 
breve  spedito  un  Visitatore  col  carattere  di  Vic1?  Ap°      Etc.11 

16  This  date  is  inferred  from  otJier  letters  adjoining. 

17  In  a  review  by  Gradwell  of  his  long  campaign  against  the  English  Jesuits,  there 
is  a  passage  which  touches  a  point  treated  in  the  foregoing  documents,  the  Severoli 
rescript ;  and,  in  another  sketch  of  his  labours,  he  adverts  to  his  success  in  the  affairs 
of  Baltimore. 

Gradivell(0ct.,  1824?)  to  Mgr.  Caprano,  Secretary  of  the  Propaganda,  submitting 
a  copy  of  his  printed  Documenta  ad  missionem  catholicam  in  Anglia  spectantia. 
Review  of  antecedents  in  the  re-establishment  of  the  English  Jesuits.  The  Severoli 
rescript :  Soon  after  this  [9  Aug.,  1813],  Mgr.  Severoli,  then  Ap.  Nuncio  at  Vienna, 
on  the  alledged  authority  of  a  petition  from  the  English  Catholic  nobility  and  gentry, 
obtained  leave  from  the  Pope,  then  a  prisoner  at  Fontainebleau,  to  authorize  the 
association  of  Archipelagans,  English  and  American  ecclesiastics  to  the  province  and 
privileges  of  Russian  Jesuits.  The  rescript,  which  is  dated  Vienna,  24  Dec.,  1813,  was 
kept  a  profound  secret,  and  for  very  good  reasons.  It  was  in  contradiction  to  the 
uniform  instructions  which  had  issued  from  the  H.  See  to  the  English  Vicars 


§  i;]  No.  215.     WH1TFIELD  AND    WISEMAN,    1828-1834  1111 

Gcorgetmvn  College  Transcripts,  1828,  Feb.  4,  J.  Tcssier,  Superior  of  the 
Seminary,  and  Vicar  General,  to  Card.  Capcllari ;  a  copy  from  the  Propaganda 
Archives.  Ibid.,  1S28,  Feb.  5,  Gradwell's  Italian  translation,  21  Mar.,  1828,  of 
Whitfield,  Vicar  General  of  Baltimore,  5  Feb.,  1828,  to  Gradivell ;  a  copy  from 
the  Propaganda  Archives.  Ibid.,  1828,  Mar.  29  (erroneously  marked  May  29), 
Gradwell's  Italian  translation,  17  May,  1828,  of  Whitfield,  archbishop-elect,  29 
Mar.,  1828,  to  Gradwell ;  a  copy  from  the  Propaganda  Archives.  Ibid.,  1828, 
May  27,  Whitfield  to  Capellari  ;  a  copy  from  the  Propaganda  Archives. — English 
College  Archives,  G-radivell  Collections,  Baltimore  and  Quebec,  ff,  269,  270,  Whit- 
field, Baltimore,  5  Feb.,  1828,  to  Gradwell. — Propaganda  Archives,  Scritture 
riferite  nei  congressi,  America  Centrale  dal  Canada  all'Istmo  di  Panama, 
1827,  1828,  vol.  9,  Gradwell's  Italian  translation,  21  Mar.,  1828,  of  Whitfield, 
5  Feb.,  1828,  to  Gradwell.  Ibid.,  Gradwell's  Italian  translation,  17  May,  '18:28, 
of  Whitfield,  29  Mar.,  1828,  to  Gradwell.  Ibid.,  Whitfield,  27  May,  1828,  to 
Capellari.— Ibid.,  1813-1825,  vol.  5,  Matthews,  (Washington,  2  July,  1828),  to 
Kohlmann,  (Rome) ;  a  copy  in  Italian,  loose  sheet. — General  Archives  S.J., 
Maryl.  Epist.,  6,  v.,  Dzicrozynski,  10  Feb.,  1828,  to  the  General. — Md.-N.  Y. 
Province  Archives,  11  Feb.,  1828,  Beschter,  Baltimore,  to  Dzierozynski. 

No.  215.  1828-1834. 

Whitfield  and  Wiseman :  the  new  agency  in  Rome.  Nicholas  Wise- 
man, whose  name  has  often  occurred  in  the  correspondence  of 
Gradwell  with  Mareclud,  took  up  the  agency  just  where  his 
predecessor  had  left  it,  and  with  the  same  policy.  To  an  appli- 
cation made  by  him  on  behalf  of  the  same  patron,  Whitfield, 
the  General,  Father  Fortis,  replied  in  the  terms  of  the  official 
documents  (infra,  B).1  Wiseman,  citing  no  documents  or  sources, 
informed  Whitfield  of  his  having  well  assured  himself  that  this 
assertion  was  incorrect  (ibid.).  Tlie  rest  of  the  new  agent's 

Apostolic.  It  was  granted  on  the  grounds  of  a  petition  obscure  and  of  very  question- 
able authority.  And  such  at  this  time  was  the  prejudice  of  the  English  nation,  such 
the  jealousy  of  Parliament,  and  such  the  avowed  aversion  of  the  Brit1.1  Government  to 
the  restoration  of  the  Order  in  that  kingdom,  that  it  would  have  been  dangerous  to 
the  existence  of  Stonyhurst  to  have  acted  upon  it.  The  existence  of  such  a  document 
was  not  known  or  even  suspected  by  the  English  Vicars  Apostolic,  except  perhaps  Dr. 
Milner,  till  six  years  after ;  nor  was  it  known  to  the  Archbishop  of  Baltimore  till 
within  about  ten  weeks  ago,  when  it  was  produced  by  the  Superior  of  the  Order  as  a 
pretext  for  resisting  the  execution  of  the  Brief  of  182-.  f  II.  This  clandestine 
rescript  which  on  its  first  appearance  in  1819  was  admitted  to  be  of  no  authority, 
was  succeeded  by  the  publication  of  the  Bull,  Sollicitudo,  7  Aug.,  1814.  .  .  .  With  this 
account  compare  the  Marechal  documents,  siipra,  No.  130,  A,  and  the  correspondence  of 
Card.  Pacca,  Secretary  of  State,  with  Severoli,  No.  178,  N~,  note  79.  Cf.  No.  220, 
p.  1139. 

Gradwell,  1  Jan.,  1827,  to  Rev.  R.  Thompson,  Charley,  Lancashire.  Antecedents, 
during  his  ten  years'  residence  in  Rome.  During  the  last  five  years,  the  English 
agency  has  been  an  amusement  rather  than  a  toil  .  .  .  But,  during  this  latter  period 
of  tranquillity  in  the  English  agency,  I  have  had  a  great  deal  of  labour  in  the  agency 
for  Baltimore  and  Quebec,  and  some  to  assist  B.  Buckley  and  B.  Macdonnel  of  Upper 
Canada,  in  putting  their  districts  on  a  better  footing.  But  all,  or  nearly  all  this 
labour  is  over,  and  crowned  with  success.  As  agent  therefore,  I  am  enjoying  an  inter- 
val of  repose.  The  attempts  of  Mr.  Brookes  [£./.]  and  his  friends,  for  above  a  year 
past,  to  get  the  acts  of  Pius  VII.  rescinded,  and  the  Society  acknowledged  in  England 
quoad  forum  ecclesiasticum,  though  advocated  by  Father  Fortis  General  of  the  Jts., 
and  Dr.  Weld,  have  proved  abortive.  Gradwell  proceeds  to  recount  the  meastires  by 
which  he  had  succeeded  in  this  campaign,  Cf.  No.  220,  C. 

(English  College  Archives,  Rome,  Gradwell  Collections ;  loose  drafts.) 

1  No.  212. 


1112  No.  215.     WHITFIELD  AND    WISEMAN,    1828-1834  [VII 

account   of    his   intentions   and  policy    is   clear   enough.      The 
General  dying  at  this  moment,  practically  all  parties  in  Rome 
were  new  to  the  case — a  Vicar  General  of  the  Society,  Pavani, 
the   Secretary  of  the  Propaganda,    Castracane,  and    the   agent 
himself.     Castracane  stated  to  Pavani  the  terms  of  Wliitficld's 
demand  that  the  Society  of  Jesus  should  pay  to  him  what  it 
had  paid  to  his  predecessor,  sc.  800  a  year ;  and  asked  if  there 
were  any  difficulty.     Pavani  answered  that,  the  said  subsidy  to 
Marechal  having  been  a  mere  life-annuity,  he  and  his  consultors 
could  not  interpret  such  a  demand,  coming  through  the  Secretary 
of  the  Propaganda,  except  as  an  intimation  of  the  Pope's  will ; 
he  cited  the  official  documents  expressly;  but  he  concluded  that  the 
Society  was  ready  to  execute  the  commands  of  his  Holiness,  if 
formally  intimated  (D).     Castracane  then  reported  an  audience 
had  with  the  Holy  Father,  when  the  latter,  ''having  regard  to 
particular  circumstances,  thought  that  he  should  order  the  con- 
tinuance of  the  annual  pension  of  sc.  800,  as  the  deceased  arch- 
bishop has  received  it  from  the  College  of  the  Jesuits  of  Mary- 
land."     This   latter  phrase,    "  the    College    of    the    Jesuits   in 
Maryland,"  paying  an  annual  pension  to  Marechal,  occurs  twice 
in  the  same  answer.     It  is  entirely  new  and  incorrect.     Probably 
it  came  from  the  new  agent.     Certainly  it  made  the  demand 
look  less  odious  than  if  the  Italian  Jesuits  were  still  asked  to 
subsidize  Baltimore.     The  grounds,  on  which  the  Holy  Father 
signified  to  the  Secretary  of  the  Propaganda  his  approval  and 
command,  were  general  and  special.     The  general  reason  was  a 
"regard  for   certain   circumstances,"   which,   as   GradwelL   had 
suppressed    Whitficld's   acknowledgment    that    Baltimore   could 
advance  no  plea  on  the  score  of  poverty?  was  seemingly  the  old 
difficulty  regarding  the  incidence  of  a  necessary  tax,  to  save  that 
See  from  being  "  blotted  out "   of  existence.3      The  choice  of  the 
preferable  subject  for  paying  such  a  tax  lay  between  the  Pro- 
paganda and  the  Jesuits,  the  latter  needing  only  a  Papal  com- 
mand for  the  purpose.     The  special  reason  was  that  "  the  deceased 
archbishop  has  received  "  the  pension  "from  the  College  of  Jesuits 
in  Maryland."     This  reason  in  effect  promised  no  end  to  the 
affair  for  all  future  claimants  and  agents ;  since  each  one  could 
show  that  a  predecessor  had  received  something.     Rights,  docu- 
ments,  "  a  rescript  of  Cardinal  C."  4  had  all  disappeared  from 

-  No.  214,  B,  p.  1106  ;  C.  3  No.  135,  A,  p.  558.     Cf.  No.  211,  p.  1091. 

4  No.  214,  D,  E. 


§  I?]          No.  215,  A.     WHITFIELD  AND    WISEMAN,    1828-1834         1113 

the  claims.  Twice,  there  appeared  a  faint  allusion  to  such  things. 
TJie  neiu  agent,  who  failed  to  see  the  official  documents  which  had 
closed  the  controversy,  and  of  which  copies  were  in  his  hands  as 
well  as  at  Baltimore,  referred  to  the  position  (Sommario),  which 
was  obsolete  before  the  controversy  was  closed ;  and  he  seemed  to 
imply  that  he  was  not  aware  of  three  such  Sommarii  having  been 
printed,  all  of  them  obsolete  at  the  end.5  Again,  Ecclcston 
succeeding  Whitficld,  and  knowing  nothing  whatever  of  the 
antecedents,  made  some  remarkable  allusions  corresponding  to  the 
state  of  his  knoiuledge,  as  ivill  appear  infra? 

A.  1828,  July  5. 

The  General,  5  July,  182S,  to  DzierozynsJci,  Superior  in  Maryland.  A 
long  letter  on  matters  of  business.  The  new  archbishop  and  the  pension. 
Abstract  from  the  Latin. 

The  first  three  paragraphs  enjoin  the  exhibition  of  all  deference  to  the 
new  archbishop  on  three  different  points :  1.  his  claim  for  a  renewal  in  his 
own  favour  of  the  extinct  pension;  2.  the  affair  of  the  church  at  Marl- 
borough  ; 7  3.  the  admission  of  a  secular  priest,  Rev.  Mr.  Lucas,  into  the 
Society.  As  to  the  first  of  these  points,  the  General  observes  that  the  pension 
ivas  given  only  for  the  lifetime  of  the  late  prelate  ;  however,  if  it  is  granted 
also  to  the  present  one,  then  it  is  time  for  Mart/land,  and  not  Rome,  to  be 
subsidizing  him.  Temporal  matters  awl  losses  are  quite  secondary  considera- 
tions : — Circa  vero  novum  vestrae  dioeceseos  praesulem  expectemus  in 
pace  id  quod  Summae  Majestati  placuerit  decernere  ;  hoc  tanturn  dili- 
gentissime  cavendo,  ne  ex  parte  nostrorum  nee  minimum  affectus  alieni, 
qui  ut  spero  reapse  non  existit,  signum  detur.  Ad  singula  autem  de- 
scendamus.  Et  primum  quod  pecuniam  illam  annuam  pro  Archiepiscopo 
Baltimorensi  spectat,  licet  defuncto  Archiepiscopo  expresse  ad  vitam  con- 
cessa  f uerit,  attamen,  cum  controversiam  dirimere  nostrum  minime  futurum 
sit,  cumque,  si  etiam  successor!  concedatur  eadem  pensio,  nos  onus  illam 
solvendi  non  amplius  sustinere  posse  praevideamus,  propterea  oportet 
cogitetis  de  medio  illud  per  vosmetipsos  praestandi.  Quani  autem  rei 
temporalis  imminutionem  ne  pertimescamus.  Enimvero  non  exinde  nobis 
ruinae  causa  ! s  Ostendant  demum  nostri  id  quod  sentiunt,  nimirum  se 
hujus  terrae  bonis  nullomodo  alligari ;  imo  potius  ad  omne  temporale 

5  No.  210. 

6  No.  217. 

7  Cf.  Nos.  135,  O,  P  ;  139,  A,  notes  3,  4. 

8  Compare  a  similar  sentiment  of  Father  Fortis  to  Father  Mossi,  Genoa,  28  Aug., 
1825,  on  preferring  to  suffer  loss  in  temporal  goods  rather  than  pay  for  the  preservation 
of  rights  by  losing  one's  good  name  :  Per  tali  riflessi.conviene  attenersi  al  minor  male, 
cioe  al  danno  della  borsa,  che  non  sara  di  gran  peso,  ne  irreparabile.    Melius  est  nomen 
bonum  quam  divitiae  multae.     (General  Archives  S.J.,  Epist.  R.  P.  N.  Fortis,   Lib. 
Ill-  pars  1,  imder  date.) 

VOL.    I.  4  C 


1114         No.  215,  B.     WHITFIELD  AND    WISEMAN,    1828-1834  [VII 

commodum  dimittendum  paratissimos  esse,  ubi  maxirae  ita  a  Christ! 
Vicario  praeceptum  est,  firmissiina  fide  tenentes  Deurn  nos  aliunde 
luculenter  remuneraturum.  „ 

Jam  vero  Ecclesiam  in  oppido  Maryborough  quod  attinet.  .  .  . 

B.  1829,  February  14. 

Nicholas    Wiseman,  Borne,  14  Feb.,  1829,  to  Whit  field.      Account  of  his 
efforts  to  obtain  the  pension  for  Baltimore. 

MY  DEAR  LORD, 

I  should  have  long  since  written  to  your  Grace,  both  to  thank 
you  in  the  sincerest  manner  for  your  having  given  me  such  a  mark  of 
confidence  in  entrusting  me  with  the  agency  of  your  ecclesiastical  affairs, 
and  at  the  same  time  to  detail  their  progress,  had  I  not  entertained  hopes 
that  I  might  earlier  than  this  have  been  able  to  send  a  favorable  report. 
The  death  of  his  Holiness  Leo  XII.,  which  took  place  on  Tuesday  the 
10th  inst.,  has  for  the  present  delayed  their  termination,  which  I  had 
every  reason  to  hope  would  have  been  pleasing  and  satisfactory  to  your 
Grace.  I  commenced  my  business  by  an  application  to  Padre  Manucci, 
the  Father  who  used  to  pay  the  pension  to  Dr.  Gradwell,  and  was 
answered  that  I  must  treat  with  the  General.  I  accordingly  wrote  a 
letter  to  him,  couched  in  the  most  polite  terms  I  could,  informing  him  of 
your  Grace's  succession  to  the  See  of  Baltimore,  and  that  you  had  nomi- 
nated me  agent,  desiring  me  to  apply  to  him  for  the  pension  settled  on 
his  Grace  the  late  Archbishop,  as  a  compensation  for  property  belonging 
to  the  Archiepiscopal  Mensa,  now  in  the  hands  of  the  Society,9  dating 
from  the  last  payment  made  to  Dr.  Marechal.  After  some  delay  I 
received  an  answer  from  F.  Fortis,  saying  that  it  had  been  sufficiently 
understood,  when  the  last  arrangement  was  made,  that  the  said  pension 
was  merely  a  life  pension  which  ceased  with  the  life  of  Dr.  M[arechal], 
and  that  this  view  of  it  had  been  even  then  sanctioned  by  Supreme 
Authority.10 

Upon  this,  having  well  assured  myself  that  this  assertion  was  incorrect, 
I  drew  up  a  memorial  to  the  Congregation  of  Propaganda,  stating  briefly 
my  application  and  the  reply  received  to  it,  and  throwing  your  Grace's 
cause  and  the  interests  of  your  See  upon  the  justice  and  protection  of  the 
Sacred  Congregation.  As  there  is  strong  interest  and  influence  on  the 
other  side,  Cardinal  Capellari  was  unwilling  to  trust  it  to  a  private 
decision,  but  determined  to  bring  it  before  the  general  Congregation, 
which  however  was  put  off  till  late  in  this  month,  and  in  the  mean  time 
the  lamentable  event,  which  has  just  taken  place,  has  caused  a  farther 

9  This  is  an  echo  of  Whitfield's  assertion,  which  probably  explains  the  agent's  own 
assertion  a  few  lines  infra,  about  his  having  well  assured  himself.     See  No.  214,  G, 
first  paragraph,  Whitfield,  27  May,  1828,  to  Capellari. 

10  No. 


§  17]  No.  215,  C.     WHITFIELD   AND    WISEMAN,    1828-1834         1115 

delay,  till  the  Church  shall  have  a  new  Pastor.  In  the  mean  time,  it  will 
be  a  satisfaction  to  learn  that  Cardinal  Capellari  entertained  no  doubt  of 
the  success  of  your  just  cause,  and  that  the  position  \jponenza],  as  printed 
on  the  former  occasion,  containing  all  the  documents,  will  save  any 
trouble  in  going  again  over  the  ground,  which  our  opponents  contrived  so 
much  to  perplex  and  encumber.  The  general  feeling  moreover  [?]  is  that, 
whosoever  may  be  elected,  the  Society  will  not  be  gainers ;  they  have 
gone  on  too  rapidly,  and  lost  much  favour ;  the  majority  of  the  Conclave 
are  likely  to  prove  Anti  to  their  predominance  over  the  seculars.11  Your 
Grace  will  have  probably  heard  that  the  death  of  F.  Fortis  preceded  that 
of  his  Holiness  by  only  a  few  days.  .  .  . 

C.  1829,  June  10. 

Mgr.  Castracane,  Secretary  of  the  Propaganda,  10  June,  1829,  to  Father 
Pavani,  Vicar  General  of  the  Society,  in  the  interval  between  the  generalship 
of  Father  Fortis  and  that  of  Father  John  Boothaan.  He  communicates  the 
foregoing  claim,  to  the  effect  that  Mgr.  James  Whitfield  has  made  repeated 
applications  for  an  allowance  of  800  crowns,  such  as  "began  to  be  paid"  in 
the  last  years  of  Marechal.  The  Secretary,  by  commission  from  the  Prefect, 
Card.  Cappellari,  passes  on  the  information,  for  the  purpose  that,  if  there  is 
no  difficulty,  the  Mgr.  may  get  what  he  wants,  and,  if  there  is,  that  his 
Paternity  may  be  pleased,  to  communicate  the  nature  of  it  to  the  S.  Con- 
gregation. 

Dalla  Propaganda,  10  Giugno,  1829. 

Mgr.  Giacomo  Wietneld  Arcivescovo  di  Baltimore  ha  fatto 
istanze  alia  Sagra  Congregazione  di  Propaganda,  acci6  per  parte  della 
Compagnia  di  Gesu  gli  si  paghi  1'assegnamento  di  scudi  ottocento  annui, 
come  negli  ultimi  anni  si  era  incominciato  a  pagare  a  Mgr.  Ambrogio 
Marechal  suo  immediate  predecessore. 

II  sottoscritto  Segretario  della  Sagra  Congregazione,  per  commissione 
avutane  dall'Em0  e  RT  Signore  Cardinale  Cappellari  Prefetto,  si  fa  un 
dovere  di  rendere  note  a  V™  Pl*  R'"a  le  indicate  istanze  nella  fiducia,  che, 
non  essendovi  giuste  difficolta  per  parte  della  medesima  Compagnia,  otter- 
ranno  il  loro  sollecito  efietto,  e  qualora  vi  fossero  prega  V™  P*  R"!a  accio 
nella  nota  sua  gentilezza  si  compiaccia  di  comunicarle  alia  Sagra  Con- 


gregazione. 


Intanto  pieno  di  stima  e  rispetto  si  rassegna, 

[m.p.]  DevT  ObbT  Servitore, 

C.  CASTRACANE,  Segri.° 

Rm°  Pre  Pavani,  Vicario  Generate  della  Compagnia  di  Gesu. 
11  C/.  Nos.  201,  H  ;  208,  H,  ad  note  8. 


1116      No.  215,  D,  E.     WHITFIELD  AND    WISEMAN,    1828-1834        [VII 

D.  (1829,  June.) 

Pavani,  S.J.  (Rome,  s.d.,  June,  1829},  to  Castracane,  Secretary  of  the 
Propaganda.  Statement  of  the  facts  of  the  case.  He  interprets  the  Secre- 
tary's communication  as  an  intimation  of  the  Pope's  will.  He  desires  a 
formal  expression  of  the  same  ;  and  the  Society  will  consider  itself  under  an 
obligation  to  obey.  A  draft. 

ECCELLENZA  RM.A 

II  sottoscritto  Vicario  Generale  della  Compagnia  di  Gesu,  rice- 
vuto  il  veneratissimo  foglio  di  V.  E.  R1""  del  giorno  10  Giugno  anno 
corrente,  rauno  immediatamente  in  consulta  i  suoi  Assistenti,  i  quali 
persuasi,  che  la  domancla  esposta  della  continuazione  del  pagamento  di 
sc.  800  annui,  gia  prowisoriarnente  e  di  lui  vita  durante  pagati  al  fu  Mgr. 
Mareschal  vescovo  di  Baltimora  si  continuassero[!]  a  pagare  nel  modo 
istesso  a  Mr.  Vietfield — Persuasi  i  suddetti  Padri,  che  tal  demand  a  sia 
proveniente  dalla  volonta  o  desiderj  espressi  dalla  Santita  di  Nostro 
Signore  felic  :  regnante :  ad  onta  della  lusinga  che  avevano,  che  sarebbe 
cessato  un  tal  aggravioalla  Compagnia, (a)12  come  parve  cessato  negli  ultimi 
tempi  del  Pontificate  della  S.  M.  Leone  XII.,  quando  cioe  se  ne  fecero  le 
prime  istanze  dal  lodato  Mr.  Vietfield ;  e  cio  per  la  ragione  che  era  stato 
assegno  provvisorio,  e  vitalizio ;  come  apparisce  dalle  lettere  del  Rm.°  Mgr. 
Caprano,  Segretario  della  S.  Cong,  di  Propaganda,  al  fu  P.  Luigi  Fortis, 
Prep.  Gen.  della  medesima  Compagnia  del  24  xbre.  1826,  e  dalla  lettera 
del  P.  Luigi  Fortis  a  Mr.  Caprano  datata  27  Guigno  d°  anno,  accettata  ed 
approvata  da  Mgr.  Mareschal  in  tutta  1'estensione,  come  da  detta  lettera 
[dette  lettere  ?]  ricevute  di  Mr.  Mareschal  e  da  dette  lettere  [rimlta  ?].  Noii- 
dimeno  bastera  un  cenno  dc'  desiderj  di  Sua  Santita,  come  si  degno  espri- 
uierlo  il  prelodato  defunto  Sommo  Pontefice,  perche  la  Compagnia  si 
crecla  obbligata  ad  obbedire,  autorizzata  (b)  ad  effettuare  nella  quantita, 
tempi,  modo  e  condizioni,  i  pagamenti  da  farsi  al  presente  Mr.  Vie[<]ficld, 
come  furono  eseguiti  al  defunto  Mr.  Mareschal.  Tali  pagamenti  (rice- 
vutone  il  cenno  di  S.  Santita)  saranno  effettuati  prontamente,  abbenche 
siano  di  non  tenue  aggravio  alia  Compagnia. (c) 

E.  1829,  July  28. 

Castracane,   Secretary  of  the   Propaganda,  28  July,   1829,  to  the  new 
General,  John  Booth aan.™     The  command  of  His  Holiness  that  the  pension, 

(a)  Erased :  d'ltalia. 

(b)  Obbligata  ad  obbedire.  written  over  the  word  aiitorizzata. 

(c)  The  rest  erased  :   in  Italia  in  questi  moment!,  che  dee  sostenere  le  spese  per  le  congregazioni  pro- 
vinciale  e  generale  per  1'elezione  del  nuovo  Preposito  della  Societa. 

12  Another  draft,  apparently  that  of  the  Procurator  General,  Father  Manned,  reads, 
.  . .  quantunque  si  fossero  lusingati  che  .  .  .  restassero  sospcsi  gli  effetti  della  petizione 
.  .  .  per  il  motive  che  1'assegno  annuo  conceduto  al  fti  Mgr.  Marechal  fu  conceduto 
prowisoriamente,  come  e  espresso  .  .  . ;  ed  anzi  sua  vita  naturale  durante,  come  e 
notato.  .  . 

13  Judging  by  the  character  of  the  new  General,  Father 'Rootha  an,  it  does  not  seem 
likely  that,  if  the  former  note  of  Castracane  (C)  had  been  left  for  him  to  consider,  he 


§  iy]          No.  215,  E.     IVH/TFIELD  AND    WISEMAN,    1828-1834         1117 

paid  to  the  late  Mgr.  Marechal  by  ''•  tJic  College  of  the  Jesuit  Fathers  of 
Maryland"  be  continued  for  the  present  Archbishop  of  Baltimore  ;  the  general 
reason  assigned  being  "  a  regard  to  particular  circumstances." 

Dalla  Propaganda,  28  Luglio,  1829. 

II  sottoscritto  Segretario  della  Sagra  Cougregazioue  di  Propaganda 
si  fa  un  dovere  di  far  conoscere  alia  P'i1  Vr.a  R"VV,  che  a  disiinpegno 
del  suo  impiego  ha  riferito  alia  Santita  di  Nostro  Signore  le  replicate 
istanze  avvanzate  a  questa  Sagra  Congregazione  dall'  odierno  Arcivescovo 
di  Baltimore,  Mgr.  Giacomo  Wiethfield,  dirette  a  conseguire  la  pensions 
annua  di  scudi  800,  che  il  Collegio  de'  PP.  della  Compagnia  di  Gesu  di 
Maryland,  per  misura  provvisoria  approvata  dal  defunto  Sornmo  Pontelice 
Leone  XII.,  ha  annualmente  pagato  al  di  lui  antecessore,  Mgr.  Marechal. 
Nella  stessa  udienza  ha  in  pari  tempo  sottoposto  alia  cognizione  della 
Santita  Sua  i  termini  del  biglietto,  che  il  Pr.e  Pavani,  essendo  Vicario 
Generale,  ha  diretto  allo  scrivente  in  risposta  ad  altro  che  in  proposito 
delle  istanze  dell'  Arcivescovo  di  Baltimore  gli  avea  scritto.  II  Santo 
Padre,  mentre  per  riflcsso  a  particolari  circostanze  ha  creduto  di  dover 
ordinare  che  al  presente  Arcivescovo  di  Baltimore  si  continui  a  pagare 
1'annua  pensione  di  scudi  800,  siccome  il  defunto  Arcivescovo  1'ha  ricevuta 
dal  Collegio  de'  PP.  Gesuiti  di  Maryland,  si  e  nel  tempo  stesso  mostrato 
vivamente  penetrato  e  soddisfatto  delle  disposizioni,  e  proteste  di  pronta 
obbedienza  a  suoi  ordini  esternata  in  questa  circostanza  da  codesta  rispet- 
tabile  Compagnia.  Lo  scrivente,  Segretario  di  Propaganda,  nel  portare 
a  notizia  della  P'!1  V™  Rm;i  la  mente  sovrana  di  Sua  Santita,  coglie  questa 
opportuuita  per  avere  il  vantaggio  di  rassegnarsi  colla  piu  ossequiosa 
stima. 

[m.p.]  Devm.°  Obb11.10  Servitore, 

C.  CASTRACANB,  Segri.° 

R"!°  P'.e  Giovanni  Roothaan,  Pieposito  Generale  della  Compagnia  di 
Gesu. 

General  Archives  S.J.,  EpLt.  R.  P.  N.  Fortiw,  Lib.  VI.  para  3,  No.  (12GSo), 
the  General,  Fortis,  5  July,  182S,  to  Dzicrozynshi. — Ibid.,  Manjl.  Epist.,  (>,  v., 
Castracanc,  JO  June,  1829,  to  the  Vicar  General,  Pavani.  Ibid.,  Pavani  (s.d., 
June,  1829),  to  Castracanc  ;  two  drafts,  one  by  the  Procurator  General,  Father 
Manned,  for  the  Vicar  General.  Ibid.,  Castracane,  28  July,  1829,  to  the 
General,  J.  Roothaan. — Baltimore  Diocesan  Archives,  23,  U,  3,  NicJiolas  Wise- 
man, Rome,  14  Feb.,  1829,  to  Whit  field,  Baltimore. 

would  have  answered  it  in  the  rather  shiftless  way  in  which  Pavani,  the  temporary 
Vicar  General,  had  replied ;  who  took  a  mere  inquiry  of  the  Secretary  as  an  intimation 
"  of  the  will  and  desires  expressed  by  Ids  Holiness,"  and  then  asked  for  a  foi-mal 
conveyance  of  such  desire  (D).  Nothing  was  easier  to  obtain  and  convey  in  the  routine 
of  business.  This  inexperienced  benevolence  had  already  compromised  the  affair  for 
the  new  General. 


1118      No.  216,  A,  B.     ECCLESTON  AND    WISEMAN,    1834,   1835         [VII 

No.  216.  1834,  1835. 

Eccleston  and  Wiseman :  end  of  the  Anglo-Eoman  agency  in  the 
case.  During  five  years,  1829-1834,  Wiseman  came  every 
quarter  to  collect  sc.  (200  from  the  procurator  of  the  Jesuits  in 
Rome,  for  the  use  of  his  patron  in  America.  In  Oct.,  1834, 
Mf/r.  Whitficld  died.  The  chronic  case,  ever  becoming  worse  in 
point  of  historical  affirmations,  came  on  with  a  new  access  at  the 
succession  of  Eccleston  to  the  See  of  Baltimore.  But  one  phase  of 
the  affair,  which,  as  the  Roman  agent  reported  to  his  principal, 
was  an  invidious  case  against  the  Society  (infra,  D),  and 
apparently  against  no  one  else,  underwent  an  abrupt  alteration. 
The  agent  was  eliminated  by  the  General,  Father  Roothaan,  who 
remanded  the  whole  business  to  America  for  settlement  between 
the  Provincial  of  the  Society  there  and  the  claimant. 

A.  1835,  May  8. 

Wiseman,  English  College,  Rome,  8  May,  1835,  to  the  General  of  the 
Society  of  Jesus.  The  pension.  Urgency  pleaded  on  behalf  of  Archbishop 
Eccleston,  successor  to  Whitjield  in  the  Sec  of  Baltimore. 

In  the  interview  had  already  with  the  General,  the  writer  had  been 
desired  to  wait  awhile  until  due  consideration  had  been  given  to  the  matter 
of  the  "pension  or  indemnity,  assigned  by  Pius  VII.  and  Pius  VIII.  to  the 
predecessors  of  the  said  archbishop  [Eccleston],  at  the  charge  of  the  Society  of 
Jesus,  and  payable  in  Rome."  The  agent  desires  the  business  to  be  concluded. 

B.  1835,  (May-July}. 

A  letter  of  consultation,  addressed  by  the  General  (May- July,  1835}  to  a 
Cardinal,  with  a  memorandum  on  the  case.  Drafts  in  Italian,  probably  by 
Manned,  the  procurator,  corrected  by  the  General.  Abstract. 

Eminenza  Reverendissima. 

Myr.  Wiseman  has  already  addressed  him  more  than  once  on  the  subject 
of  the  pension,  granted  provisionally  and  as  a  life  annuity  to  a  couple  of 
archbishops,  etc.  He  has  answered  that  he  is  waiting  for  word  from 
America.  In  the  mean  time  he  hopes,  bij  taking  advice  of  his  Eminence,  to 
arrive  at  some  resolution,  and  not  to  protract  a  business  of  its  own  nature  very 
unpleasant,  onde  non  protrarre  in  lungo  un  afi'are  gia  di  sua  natura  dis- 
gustoso.  The  more  so,  as  he  knows  what  the  answer  will  be  from  America  ; 
that,  if  a  pension  is  to  be  paid,  they  are  the  persons  who  should  pay  it ;  but 
that  they  cannot. 

It  is  under  this  plea  of  being  reimbursed  from  America  that  the  burden  is 
made  to  rest  on  the  Society  in  Italy.  But  never  has  any  reimbursement  taken 
place  during  all  these  years.  On  the  contrary,  the  Jesuits  in  America  have 
always  need  of  assistance. 


§  i;]          No.  216,  C.     ECCLESTON  AND    WISEMAN,    1834,  1835         1119 

Would  his  Eminence  think  Jit  to  see  his  Holiness  and  inquire,  ichether 
things  are  to  proceed  as  before,  or  whether  there  is  some  room  for  a  variation  ? 
Baltimore  is  no  longer  in  the  condition  in  which  it  ivas,  when  of  their  own 
accord  ex-Jesuit  missionaries  provided  with  an  annual  allowance  the  first 
prelate,  their  ex-Jesuit  confrere  ;  and  the  Society,  whether  in  America  or  in 
Rome,  is  indeed  very  different  from  what  it  'was,  having  increased  so  much  in 
membership  and  corresponding  burdens.  So  that,  if  only  from  a  motive  of 
equity,  there  would  seem  to  be  some  room  for  a  modification  in  this  Baltimore 
business. 

But,  whatever  conclusion  is  come  to,  his  Eminence  may  be  assured  that  it 
'will  be  accepted  with  sincere  veneration  and  cordial  acquiescence. 

Pro-Memoria. 

In  ~M.gr.  Castracane's  letter  of  July  28,  1829,  twice  was  it  said  that  the 
"  College  of  the  Fathers  of  the  Society  of  Jesus  in  Maryland  "  paid  the 
pension.  Tlie  writer  analyzes  that  notion  in  the  light  of  facts,  as  seen  in  the 
procurator's  office,  Home.  And  the  answer  from  Maryland  at  present  is  sure 
to  be  in  keeping  with  the  past.  There  has  been  a  total  change  of  circum- 
stances, since  Carroll's  time,  ichcn  the  ex-Jesuits,  having  no  special  burdens, 
provided  spontaneously  for  him,  their  confrere.  Now  subjects  have  multiplied, 
there  is  a  novitiate  and  a  scholaaticatc,  and  the  number  of  religious  mounts  to 
a  hundred.^ 

They  have  large  farms  ;  but  hardly  the  fourth  part  is  cultivated  for  want 
of  capital.  The  produce  is  in  great  part  consumed  by  the  ever-increasing 
number  of  slaves,  ivho,  by  reason  of  conscientious  obligations  to  them,  cannot 
be  sold,  and  cannot  be  set  at  liberty,  because  of  the  great  dangers  to  soul  and 
body  which  they  would  incur,  if  set  free. 

Meanwhile  schools  and  churches  are  ever  being  erected,  in  proportion  ivitli 
the  extension  of  Catholicity,  which  was  originally  planted  there  by  the  Society 
in  1GS8  and  thereafter.  And  the  Fathers  have  constant  need  of  the  financial 
help  which  is  supplied  from  Europe,  whether  by  the  General  or  by  other 
benefactors. 

C.  1835,  July  7. 

The  General,  7  July,  1835,  to  Father  W.  McSltcrry,  Provincial,  Mary- 
land. 

During  several  years  past  he  has  urged  the  Provincial,  on  carious 
occasions,  to  relieve  "  this  Roman  Province  "  of  the  burden  heretofore  thrown 
upon  it,  in  the  matter  of  paying  §800  to  the  Archbishop  of  Baltimore.  But, 
while  the  said  archbishop's  agent  never  fails  to  be  punctual  in  collecting,  not  a 
word  has  ever  come  from  America,  in  answer  to  the  foregoing  recommendation. 
Hence  by  this  same  post  lie  writes  to  the  Archbishop  of  Baltimore,  desiring 
him  to  confer  with  the  Provincial.  Let  the  latter  give  him  a  farm,  or  give 
him  an  annual  payment  from  a  farm.  "  The  one  thing  I  desire  is,  thai  this 

(a)  Corrected  here  by  (Roothaan  -J)  :  "  (at  the  beginning  of  the  current  year  they  were  »S)." 


1120  Nos.  216,  D ;  217.     ECCLESTON,    1835-1838  [VII 

business  be  settled  between  you,  by  mutual  consent  and  icith  satisfaction  ;  and 
that  the  Society  here  in  Home  have  nothing  more  to  do  with  it" 

D.  (1835),  August  17. 

Wiseman,  Prior  Park,  near  Bath,  17  Aug.,  (1S35),0>)  to  Dr.  Eccleston. 

M<jr.  Mai,  Secretary  of  the  Propaganda,  desired  Wiseman  not  to  urge 
the  matter,  till  the  General  received  an  answer,  as  he  expected,  from 
America.  He  added  that,  as  it  was  an  invidious  case  against  the  Society, 
to  which  he  is  very  attached,  he  would  not  take  any  active  steps,  but 
simply  bring  my  statements  forward.  In  the  mean  time,  Wiseman  has  left 
Dr.  Bagys  as  Vice-Rector  in  Rome. 

General  Archives  S.J.,  Maryl.  Epist.,  6,  v.,  Wiseman,  8  May,  1835,  to  the 
General.  Ibid.,  (May- July,  1835),  letter  of  consultation  from  the  General  to  a 
Cardinal,  ivitJi*  a  memorandum  added ;  drafts,  with  corrections  in  the  hand  of 
the  General. — Ibid.,  Miss.  Aruer.  a  die  Aprilis,  1830:  Prov.  Maryl.  a  die  2  Feb., 
1833  (to  17  Sept.,  1853),  the  General,  7  July,  1835,  to  McSherry,  Provincial, 
Maryland. — Baltimore  Diocesan  Archives,  26,  Q,  N.  Wiseman,  Prior  Park,  near 
Bath,  17  Aug.,  (1835?),  to  Eccleston. 

Here  ended  the  Anglo-Roman  agency  in  the  American  affairs  of  the 
Society. 


No.  217.  1835-1838. 

Eccleston,  McSherry,  and  Mulledy :  end  of  the  new  claims.  For  the 
first  time,  Lyons,  London,  and  Lancashire  had  nothing  more  to 
do  with  the  question  ;  Americans  had  it  in  their  own  hands.  If 
the  logic  of  the  situation  was  no  better  for  the  change,  that  may 
be  excused,  for  no  one  of  the  three  Americans  seemed  to  have 
anything  but  hearsay  for  his  guidance,  although  copies  of  the 
official  documents  lay  in  the  archives  of  Mgr.  Eccleston,  Arch- 
bishop of  Baltimore.1  However,  the  amity  and  good  humour  all 
round  underwent  a  decided  improvement.  If  the  merits  of  the 
question  became  more  dilapidated  than  ever  in  the  statements 
hazarded  by  all  parties,  the  men  are  not  unworthy  of  being 
listened  to  for  their  mutual  comity  and  good  intentions. 

On  Jan.  28,  1837,  the  Provincial,  William  McSherry,  wrote  to 
Vesprc  in  Rome,  that  the  archbishop  had  not  said  a  word 
about  the  pension  since  the  spring  of  the  preceding  year,  and 
apparently  did  not  want  to  speak  about  it.  "  He  had  said  then 

(b)  The  letter  seems  to  read   "1833"  by   mistake.    In  any  case,  Mgr.  Mai  became  Secretary  of 
Propaganda  only  on  Aug.  16, 1833. 

1  No.  212. 


§  I?]  No.  217.     ECCLESTON,    1835-1838  1121 

to  me, :  If  he  were  certain  thai  the  property  possessed  by  us  were 
not  given  for  the  missions,'1  he  would  not  make  any  further 
demands"  McSherry  had  assured  him  that  St.  Inigoes,  St. 
Thomas's,  Ncwtown,  Bohemia,  and  St.  Joseph  were  not  given  for 
that  object.  He  referred  the  archbishop  to  the  public  archives; 
but  then  he  added  a  statement  about  Cecil,  Lord  Baltimore, 
which  certainly  could  never  have  been  found  in  the  said  archives, 
or  anywhere  else,  though  the  equivalent,  and  more,  might  have 
been  discovered  in  MarcchaVs  papers?  As  to  White  Marsh,  the 
Provincial  did  not  pretend  to  knoiv  anything  about  the  title  deeds  ; 
but,  he  observed  to  Eccleston,  "  I  had  heard  it  said,  that  it  had 
been  given  by  a  certain  Mr.  Carroll,  who  had  three  sons  in  the 
Society  ;  and  that,  if  such  were  the  case,  he  could  not  put  forward 
any  more  claim  to  this  than  to  any  other  property  of  ours."  4  A 
few  months  later,  McSherry  reported  to  the  General  that  the 
archbishop  had  spoken  to  him  recently  about  the  pension,  adding, 
however,  that  he  had  not  been  in  want.  The  Provincial  had 
replied  that  he  could  not  pay  in  money;  he  was  thinking  of 
offering  a  tract  of  land,  perhaps  more  than  one  thousand  acres  in 
extent,  about  tivcnty  miles  distant  from  Baltimore.  But  the 
archbishop  seemed  to  intimate  that  land  would  be  of  very  little 
use  to  him.  Some  short  time  afterwards,  Ecdeston  had  made 
a  number  of  friendly  observations:  that  the  Jesuits  should  sell  all 
their  landed  property  and  slaves,  and  devote  the  proceeds  to 
purposes  of  education;  that  they  should  take  over  the  Baltimore 
establishment  of  the  Sulpician  Fathers,5  though  the  archbishop 
was  not  authorized  to  make  any  bargains  for  them;  but  the  said 
Sulpicians  would  certainly  not  take  lands  in  exchange  ;  that  it  was 
a  pity  so  much  property  should  remain  comparatively  unproductive, 
seeing  that  a  double  advantage  would  accrue  to  religion  by  parting 
with  it;  at  present  the  missionaries  were  largely  occupied  with 
temporal  concerns,  to  obtain  a  meagre  support  for  themselves  and 
their  slaves.  McSherry  confesses  to  the  General  that  he  was  too 

•  This  word,   "  the   missions,"   is    to  be  understood  in   Marcchal's   sense  of  an 
Ecclesia  Marylandiensis,  or  "  congregations.''1     See  Nos.  181,  J,  note  34 ;  218,  E. 

3  "He  would  see  likewise  that  Lord  Baltimore  paid  a  pension  of  so  many  pounds 
of  tobacco  for  the  support  of  the  missionaries."     Cf.  No.  ll'J,  [/.]. 

4  General  Archives  S.J.,  Maryl.  Epist.,  6,  v.,  McSherry,  28  Jan.,  1837,  to  Vespre, 
an  Italian  translation  of  this  passage  by  the  latter  (the  original  of  McSlierry's  letter 
not  extant).     Cf.  Nos.  G2,  63 ;  James  Carroll  had  no  sons. — The  passage  just  quoted 
begins  with  an  observation  about  the  happy  settlement  in  Louisiana  of  slaves  sold 
in  1835  by  the  Maryland  Jesuits.     The  practice  of  their  religion  had  been  provided 
for  and  secured. 

5  Cf.  supra,  No.  175,  R-C2,  St.  Mary's  (secular)  College,  Baltimore. 


1122  No.  217.     ECCLESTON,    1835-1838  [VII 

much  of  the  prelates  opinion  to  dispute  what  he  said ;  hut  he 
evaded  all  the  propositions,  and  remarked  that  he  had  no  men  to 
take  charge  of  the  Baltimore  college? 

To  the  new  Provincial,  Father  Tliomas  Mullcdy,  the  archbishop 
complained  (7  Feb.,  1838)  that  he  had  received  nothing  as  yet 
during  three  years ;  that,  according  to,  the  tenor  of  the  General's 
letter?  he  had  expected  at  least  something.  He  made  two  pro- 
positions :  1.  the  payment  of  the  said  arrears,  and  a  reconsidera- 
tion of  the  case  in  Borne,  whither  he  was  now  going;  2.  the 
extinction  of  the  whole  question  for  evermore,  on  the  payment  of 
$9000;  but  he  did  not  want  any  farm.  "Now"  says  the 
Provincial,  "  I  was  very  anxious  to  announce  the  result  of  this 
miserable  affair  to  your  Paternity."  Accordingly,  having  taken 
advice  of  his  councillors,  he  agreed  with  them  to  pay  Eedcston 
$9000,  though  he  should  have  to  sell  a  part  of  White  Marsh.8 
Before  the  arrival  of  the  answer  (3  Apr.,  1838),  in  which  the 
General  said  with  indifference  that  he  had  nothing  to  say  against 
the  proposal,  Mullcdy  wrote  again  that  the  archbishop  had  abated 
his  demand  by  $1000?  At  least  twice  (23  June,  25  Aug., 
1838)  the  General  insisted :  Gel  a  good  acquittance !  Before 
either  of  these  admonitions  reached  the  Provincial,  he  had  closed 
the  affair,  and  he  had  not  got  a  good  acquittance.  He  wrote  to 
the  General,  9  Aug.,  1838,  that  for  forty-nine  slaves  already 
delivered  to  ex-Governor  Johnson  of  Louisiana,  now  United 
States  Senator,  "I  received  $25,000;  of  these  I  gave  eight 
[thousand]  to  the  Archbishop  of  Baltimore ;  and  received  from 
him  a  full  quittance  of  the  duty  of  paying  anything  to 
him  or  his  successors — for  ever,  unto  everlasting." 10  Father 
Eoolhaan  had  insisted,  and  repeated,  that  papers  should  be 
sent  over  to  Rome,  and  the  matter  be  finished  there  with  proper 
formalities,  so  as  to  shut  off  future  claims.  No  payers  came. 
He  wrote  to  Vcsprc,  now  in  America,  on  the  same  subject  (31 
Dec.,  1830).  Vesprc  replied  with  a  slashing,  yet  incomplete, 
criticism  of  the  whole  transaction,  ivhich  had  left  matters  very 

6  General  Archives  S.J.,  Maryl.  Epist.,  5,  ii.,  McSherry,  13  Mar.,  1837,  to  the 
General. 

7  Cf.  No.  216,  C. 

8  General  Archives  S.J.,  Maryl.  Epist.,  7,  i.,  Mullcdy,  7  Feb.,  1838,  to  the  General. 
Just  as  he  ivas  putting  an  end  to  this  letter,  the  first  ivhich  he  wrote  as  Provincial  to 
the  General,  he  was  called  to  see  the  archbishop  at  the  Georgetown  Convent. 

9  Ibid.,  same  to  same,  I  May,  1838. 

10  Ibid.,  same  to  same,  9  Aug.,  1838. 


§  i/l  No.  217,  A.     ECCLESTON,    1835-1838  1123 

much  as  they  were,  so  that  future  claimants  might  begin  all  over 
again  (infra,  F,  G).11 

A.  1837,  June  19. 

Samuel  Eccleston,  Archbishop  of  Baltimore,  Baltimore,  19  June,  1837,  to 
William  McSherry,  Provincial  in  Maryland.  He  accepts  an  adjustment 
offered  by  McSherry. 

,,-  Baltimore,  June  19.  1837. 

V  EEY  REV"  AND  DEAR  SIR, 

I  have  reflected  on  your  suggestion  respecting  the  final  adjust- 
ment of  the  business  referred  to  you  and  myself  by  the  Superior  General 
of  the  Society.1-  You  stated  that  you  had  thought  of  transferring  to  me 
property,  for  which  $8000  had  been  offered.  I  did  not  consider  it  as  a 
pledge  on  your  part,  but  still,  if  that  amount  can  be  secured  to  me,  I 
would  under  present  circumstances  be  most  happy  to  bring  the 
matter  to  a  close.  In  acceding  to  this  arrangement,  I  should  deem  it  my 
duty  to  strive,  from  my  own  little  personal  means  or  other  resources,  to 
leave  my  successors  no  cause  for  complaint. 

V3:  cordially  and  respectfl.y, 

Yours  in  X', 
V.  Rd  W1?  McSherry.  +   SAMUEL,  Abp.  Bait. 

11  The  case  was  not  witho^lt  its  comic  side,  chiefly  in  tlie  contributions  ivJiich  the 
three  parties  made  to  history.     Since  each  one  of  the  three  was  labouring  under  the 
name  ignorance  as  the  other  t'Wo,  no  one  was  in  a  position  to  dispute  any  statement 
made.     Said  McSherry  to  Eccleston,  after  referring  the  latter  to  the  public  archives : 
"He  would  see  likewise  that  Lord  Baltimoi-c  paid  a  pension  of  so  many  pounds  of 
tobacco  for  the  support  of  the  missionaries.^     Again,  when  offering  a  tract  of  land  to 
the  archbishop,  he  had  not  yet  discovered  the  nature  of  the  Corporation,  and  its 
relation  to  the  Representatives,  without  whom  he,  as  chief  of  the  Corporation,  could 
not  act.     Mullcdy  was  more  ingenuous  still ;  for,  when  reporting  to  the  General  that 
Eccleston  had  abated  his  demand  for  §9000  by  $1000,  he  added  :  "  and  so  he  has  made 
us  a  present  of  $1000."     He  proceeded  to  reassure  the  General  that  the  debts  of  Gcorgc- 
toivn  College  did  not  amount  to  $47,000.     And  then,  after  the  pleasantry  of  accepting 
a  receipt,  which  was  to  extinguish  claims  for  successors,  but  which  practically  left  the 
claims  where  they  were,  to  be  renewed  at  pleasure  a  fourth  time,  he  exclaimed  in  the 
terms  of  higJi  glee  already  reported — a  quittance,  he  said,  "for  ever,  unto  everlasting  t  " 

Eccleston  introduced  various  elements  in  the  correspondence  wJiich  follows,  and  in 
the  receipt  which  he  tendered.  The  erection  of  the  Baltimore  See,  he  said,  had  been 
effectuated  only  by  an  understanding  that  he  [the  bishop]  was  to  receive  a  certain 
provision  out  of  the  estates  belonging  to  the  Clergy  of  Maryland.  A  decision,  after 
solemn  investigation,  was  twice  or  thrice  given  by  the  Holy  See  in  his  [Marcchal's] 
favour ;  and  he  thenceforward  received  $300  a  year.  He  admitted  that,  as  to  the 
justice  of  the  case,  neither  of  the  two  Provincials  agreed  with  him,  for  they  did  not 
consider  the  claim  to  be  founded  in  equity ;  at  the  same  time  he  implied  tliai  neither 
might  his  successors  agree  with  him  in  his  act  of  winding  up  the  claim ;  so  he  gave  a 
receipt  with  the  clause,  as  much  as  on  me  depends.  And,  making  the  letter  of  the 
receipt  depend  on  the  spirit  of  said  letter  in  which  these  statements  were  made,  he  spoke 
in  the  said  receipt  of  the  principal  and  annual  pensions  due  to  me  as  Archbishop  of 
Baltimore  .  .  .  and  to  my  successors  for  ever.  Considering  his  official  obligations, 
lie  would  indemnify  his  successors  for  their  loss  by  his  acceptance  of  only  $8000  as  a 
principal;  and  this  indemnity  should  come  from  Jiis  oivn  private  fortune.  Not  only 
ivas  there  no  word  of  the  original  plea  put  forward  by  Marechal,  the  extreme  poverty  of 
himself  and  liis  See,  but  neither  was  there  a  word  about  the  documents  lying  in 
Eccleston's  archives — the  Propaganda's  official  letter  and  Gradwell's  copies  of  other 
official  letters,  stating  distinctly  the  final  settlement  made,  with  tlic  sanction  of  the 
Holy  Sec.  (Nos.  212  ;  213,  A.) 

12  No.  216,  C. 


1124  No.  217,  B,  C.     ECCLESTON,    1835-1838  [VII 

Addressed :  To  the  Very  Revd  Wm  MacSherry.  To  the  care  of  R'!  F. 
McElroy,  Frederick,  Md. 

B.  1837,  June  29. 

McSherry,  Georgetown,  29  June,  1837,  to  Eccleston.  He  is  not  yet  pre- 
pared to  make  the  adjustment. 

George  Town  College,  June  29th,  1837. 
MOST  REVD  SIR, 

I  received  yours  of  the  191!1  in  Frederick,  and  find  that  the 
step  or  steps,  I  had  hoped  were  made,  were  not  so  high  or  numerous  as  I 
had  anticipated.  It  is  not  in  ray  power  to  give  at  present  a  definitive 
answer,  but  I  trust  I  may  be  able  to  do  so  when  we  meet  next  time, 
about  the  first  of  August.  I  do  not  think  it  necessary  to  state  my  [any  ?] 
opinion  of  the  justness  of  the  claim,  nor  to  mention  any  portions  of  our 
previous  conversations  on  the  subject. 

My  sentiments  shall  not  prevent  me  from  doing  whatever  may  tend 
to  settle  the  matters  permanently. 
Other  business. 

Very  respectfully  yours  in  X1, 

W5.1  McSHEKiu*. 
Most  Rev"!  S.  Eccleston,  Archbishop  of  Bait6. 

C.  1838,  January  24. 

Eccleston,  Baltimore,  24  Jan.,  1838,  to  Father  Thomas  Mulledy,  Pro- 
vincial, Georgetown.  He  reminds  the  new  Provincial  of  an  arrangement  left 
suspended  by  McSherry.  Proposals. 

Bait.,  Jan.  24,  1838. 

V.  REV?  AND  DEAR  SIR, 

Several  points  of  business. 

Allow  me,  My  Dear  Sir,  to  rccal  to  your  memory  and  recommend 
to  your  consideration  the  painful  state  of  suspense,  in  which  I  am 
left  in  relation  to  the  annual  contribution  paid  by  the  Society  to  iny 
predecessors.  You  are  doubtless  aware  of  all  that  has  passed  between 
F.  McSherry  and  myself  in  regard  to  that  delicate,  though  to  me  very 
important,  business.  Upwards  of  three  years  have  now  elapsed,  and 
nothing  have  I  received.  Still  the  letter  of  the  General  inspired  me  with 
different  hopes.  Can  no  part  of  these  arrears  be  paid  ? 

Mr.  McSherry,  a  considerable  time  since,  proposed  to  give  me  a  tract 
of  land  on  White  Marsh  valued  at  $8000,  in  order  to  extinguish  the 
claim.  I  told  him  that  I  would  accept  of  that  sum,  but  that  I  could  not 
take  the  land  at  the  risk  of  a  still  greater  sacrifice.  For,  in  contenting 
myself  with  that  arrangement,  I  considered  it  as  my  duty  to  indemnify 
my  successors  for  the  diminution  to  which,  in  the  spirit  of  peace  and 
conciliation,  I  thought  myself  justified  in  acceding. 

Hence,  the  very  moment  I  should  have  received  that  principal,  I 


§  I/]  M.  217,  D.     ECCLESTON,    1835-1838  1125 

would  have  legally  transferred  to  my  successors  an  amount  of  property 
(which  will  revert  to  me  on  the  demise  of  an  ancient  relative),  sufficient 
to  make  up  the  deficiencies  in  the  annual  salary  of  $800. 

I  have  not  written  to  Rome  on  the  subject.  My  veneration  for  the 
Society,  my  attachment  to  the  individual  members  whom  it  employs  in 
this  province,  my  most  earnest  desire  to  settle  this  matter  among  our- 
selves, and  my  determination  to  do  it  at  any  sacrifice  consistent  with  my 
resources  on  the  one  hand  and  my  official  obligations  on  the  other,  are 
so  many  urgent  reasons  that  still  bind  me  to  the  same  mode  of  proceedings. 
Should  you  not  wish  to  entertain  the  proposal  of  negotiating  for  the 
payment  of  the  principal,  let  me  request  you  to  do  what  you  can  in 
relation  to  the  arrears — which,  in  fact,  is  an  affair  independent  of  the 
adjustment  of  the  other. 

I  hope  to  be  at  Georgetown  on  the  51!1  of  Feby.  Should  it  be  more 
agreeable  to  you,  we  will  wait  until  that  time  to  talk  about  my  business. 

Wishing  you  every  blessing,  I  am 

Respectfully  and  aflect'r  Yr! 

+   SAMUEL,  Abp.  Bait. 

Addressed :  Very  Reva.  Dr.  Mulledy,  College,  Georgetown,  D.  C. 
Endorsed  by  Mulled)/ :  Received,  Jan.  27th,  Archbishop  of  Baltimore. 

D.  1838,  July  9. 

Eccleston,  Georgetown,  D.C.,  9  July,  1838  :  receipt  lianded  to  the  Pro- 
vincial, Thomas  F.  Mulledy,  on  receiving  from  tin-  latter  $8000  to  extinguish 
all  claims.  The  capitals  in  parentheses  refer  to  Vespre's  annotations  sub- 
joined. 

Georgetown  D.C.,  July  9, 1838.  Received  of  the  Very  Rev.  Thomas  F. 
Mulledy,  Provincial  of  the  Society  of  Jesus  in  the  Province  of  Maryland, 
eight  thousand  dollars  in  full,  for  the  entire  extinction  of  the  principal 
and  annual  pensions  due  to  me  as  Archbishop  of  Baltimore,  in  consequence 
of  decisions  of  the  .Holy  See,  given  at  the  instance  of  the  Most  Rev. 
Ambrose  Marechal,  and  to  my  successors  for  ever  (E)1:!  as  much  as  on  me 

lt  Vesprets  annotation  (E).  He  has  found  in  Father  Fortis'  letter,  25  Jan.,  1827, 
to  the  Superior,  Dzierozynski  (No.  211,  D),  a  copy  of  the  same  General's  letter  to  the 
Propaganda,  27  June,  1826  (No.  212,  A) ;  and  of  the  offer  made  in  this  latter  document 
the  General  said  to  Dzierozynski :  Lecta  Cong1.1'  ea  fuit  et  probata  plurimum,  delude 
conciliatio  sancita  est  in  omnibus  suis  articulis  a  Summo  Pontifice  (Nos.  211,  D, 
p.  1095  ;  212,  B,  Caprano's  official  letter  stating  this).  Here,  supposing  that  there  was 
something  official  corresponding  to  the  tenor  of  Eccleston's  receipt,  Vespre  shows  himself 
quite  at  a  loss,  and  begins  to  argue  on  the  improbability  of  the  Propaganda  having  ever 
communicated  a  rescript  in  contradiction  with  its  own  official  documents,  and  having 
declared  that  what  the  Pope  had  sanctioned  as  a  life  annuity  for  Marechal  should  be 
an  annuity  to  his  successors  for  ever.  He  asks,  how  could  such  an  assertion  have  been 
allowed  to  pass  in  the  receipt  ?  "  As  no  payment  had  ever  been  made  here  [in  Maryland], 
there  had  been  no  reason  to  demand  that  such  a  rescript  should  be  shown,  per  doman- 
dare  la  esibizione  di  quel  rescritto ;  but,  when  it  came  to  giving  8000  scudi,  the  first 
thing  to  do  was  to  ask  that  the  said  rescript  should  be  shown ;  and,  if  it  says,  during 
the  natural  life  of  Mgr.  Marechal,  I  do  not  think  the  present  archbishop  would 
ever  have  appealed  to  Borne ;  and  the  80UO  scudi  would  have  been  saved.  Of  siich  a 


1126  No.  217,  E.     ECCLESTON,    1835-1838  [VII 

depends  ;  and  I  hereby  declare  the  Society  of  Jesus  in  the  province  of 
Maryland  absolved  from  any  and  every  obligation  of  contributing,  in 
virtue  of  the  above-mentioned  decisions,  to  the  support  of  the  Archbishop 
of  Baltimore.  I  however  declare  that  I  wish  this  receipt  to  be  considered 
as  a  part  of  a  letter  of  this  same  date,  directed  to  the  Very  Rev.  Thomas  F. 
Mulledy,  and  to  be  interpreted  according  to  the  spirit  of  said  letter. 
(F)14  Witness  my  hand  and  seal. 

+  SAMUEL  ECCLESTON,  Archbishop  of  Baltimore  (seal). 

E.  (1838,  July  9.) 

Ecdeston,  Georgetown,  (9  July,  1838),  to  Mnlledy.  Letter  referred  to  in 
the  receipt  (D),  mt  interpreting  the  same  by  its  spirit,  and  said  to  be  of  the 
same  date,  but  not  received  till  two  days  after  the  payment  of  the  money 
(infra,  F,  7). 

VERY  REV?  AND  DEAR  SIR, 

As  I  am  about  to  put  my  hand  and  seal  to  an  instrument,  in 
which  my  successors  will  be  equally  interested  with  myself,  I  deem  it 
proper  to  present  a  few  remarks  which  may  secure  their  approbation  to 
the  prudence  as  well  as  the  motives  of  the  course  which  I  have  pursued. 
It  is  possible  that  you  may  not  entirely  agree  with  my  statements.  I 
give  them  only  on  the  responsibility  of  my  personal  convictions. 

When  the  question  of  erecting  Baltimore  into  an  episcopal  See  was 
first  in  agitation,  the  difficulty  of  providing  for  the  decent  support  of 
the  Bishop  presented  an  obstacle,  which  was  removed  only  by  an  under- 
standing that  he  was  to  receive  a  certain  provision  out  of  the  estates 
belonging  to  the  Clergy  of  Maryland  (A).15  This  provision  was  enjoyed 

document,  which  forms  the  original  title  of  the  pension  [here  cancelled  :  '  whether,  by 
rescript,  letter,  etc.'],  che  forma  il  titolo  originale  della  pensione,  it  would,  be  very 
interesting  to  obtain  a  copy  from  Mgr.  Secretary  [of  the  Propaganda'],  with  his  signa- 
ture and  seal,  to  keep  in  the  archives  here  [in  Maryland] ;  such  a  reseat  ought  to 
bear  a  date,  a  little  later  than  27  June,  1826  "  (No.  212,  A). 

These  inquiries  of  Vespre's  show :  1.  that  a  complete  set  of  copies  of  the  official 
documents  (No.  212)  had  never  been  submitted  to  the  Superior  in  Maryland,  though 
Gradwell  had  communicated  such  to  the  Archbishop  of  Baltimore,  inchiding  Jiis  oion 
receipt  conceived  formally  in  the  terms  of  the  said  official  papers  (No.  213,  A) ;  2.  that 
the  supposititious  rescript,  which  had  originated  in  affirmations  of  Gradwell  (No.  213, 
A,  D),  which  seems  tohave  become  better  documents  than  the  official  ones  (No.  214, B), 
and  then  to  have  evolved  into  "  a  rescript  of  Cardinal  C.  .  .  ."  (No.  214,  D,  E),  but  which 
was  not  mentioned  to  Cardinal  Capellari  (No.  214,  G),  had  now  entered  into  Maryland 
affirmations  and  traditions  as  the  one  authentic  element  superseding  all  the  rest. 

14  (F)  Here  a  note  of  Vespre's  to  explain  this  legal  formula,  and  place  of  the  seal. 

15  Vespre's  annotation  (A).    He  explains  what  is  meant  by  the  "  Corporation  of 
the  Catholic  Clergy  of  Maryland,"  and  continues :    "  a  plan  and  ambiguous  title 
suggested  by  Archbishop  Carroll  to  the  end  that  one  day  this  property  might  lapse  to 
the  Archbishop  of  Baltimore,  or  that  he  might  [here  cancelled  :  '  at  least  on  the  death 
of  the  last  ex-Jesuit ']  be  able  the  more  easily  to  claim  them,  at  least  if  the  Society  was 
not  restored ;  and,  after  the  restoration  of  the  Society,  we  have  seen  and  experienced  what 
use  Mgr.  Marechal  made  of  this  in  Rome." — Vespre  is  mistaken  as  to  the  title,  which 
was  :  Corporation  of  the  Roman  Catholic  Clergymen.     The  appendix  :  of  Maryland, 
had  merely  crept  in  gradually,  as  we  have  seen  it  gradually  intruding  into  the  acts  of 
the  Corporation  through,  the  ignorance  or  inadvertence  of  the  scribes.     Cf.  No.  179, 
S,  note  29,  and  references  there. 


§  17]  No.  217,  E.     ECCLESTON,    1835-1838  1127 

by  the  first  Archbishop  and,  with  some  modifications,  by  his  immediate 
successor.  A  new  arrangement  having  been  made  in  behalf  of  Archbishop 
Marechal,  he  did  not  find  it  satisfactory,  and  referred  the  matter  to  Eome. 
The  decision  after  solemn  investigation  was  twice  or  thrice  given  by  the 
Holy  See  in  his  favour ;  and  he  thenceforward  received  $800  a  year.  The 
same  pension,  allthough  with  some  hesitation  on  the  part  of  the  General 
of  the  Society  of  Jesus,  was  continued  to  his  successor.  When  I  had  the 
misfortune  to  be  charged  with  the  administration  of  this  diocess,  I  was 
notified  by  Father  General  Roothaan  that  I  was  not  to  receive  my  little 
salary  through  the  usual  channel,  but  was  to  look  to  the  Rev.  Fathers  in 
my  diocess  for  its  payment.  Four  years  have  now  elapsed  and  I  have 
received  no  part  of  my  pension  (B).16 

Had  my  individual  rights  only  been  at  stake,  I  should  have  probably 
said  little  on  the  subject ;  but  I  was  acting  in  an  official  character  and 
for  my  successors.  On  making  application  to  the  Very  Rev.  Provincial 
(C),17  who  is  ex-officio  president  of  the  Catholic  Clergy  of  Maryland,  I  was 
given  to  understand,  allthough  in  a  kind  and  respectful  manner,  that  the 
claim  of  the  Archbishop  of  Baltimore  was  not  considered  to  be  founded  in 
equity  ;  but  he  still  expressed  a  willingness  to  come  to  some  settlement. 
Things  remained  in  this  state  until  very  recently,  when  I  renewed  the 
negotiation  with  the  Very  Eev.  Father  Mulledy,  Provincial,  who  enter- 
tained the  same  views  with  his  predecessor  as  to  the  justice  of  the  case. 
In  a  spirit  of  compromise  and  of  peace,  I  consented  either  to  receive  a 
sum  far  below  that  to  which  I  conceived  myself  entitled,  or  to  submit  the 
matter  to  the  Holy  See  for  a  revision,  by  the  result  of  which  I  promised 
to  abide.  The  former  part  of  the  alternative  was  preferred  ;  and  I 
accepted  the  sum  of  $8,000,  of  which  I  have  given  a  receipt  of  this  date, 
releasing  the  Society  of  Jesus  in  this  diocess  from  the  obligation  imposed 
by  the  above-mentioned  decisions  of  Rome,  of  paying  the  pension  to  my- 
self and  my  successors. 

As  the  legal  interest  on  $8,000  is  but  little  more  than  half  the  pension 
awarded  to  the  Archbishop  of  Baltimore,  and,  as  it  may  in  truth  be  said 

10  Ves2»~c's  annotation  (B).  "  The  principal  motive  advanced  by  Mgr.  Marechal  for 
getting  real  estate  from  us,  or  at  least  a  pension,  ivas  that  he  could  not  subsist  without 
such  aid.  Though  this  was  not  true,  it  was  believed,  and  he  had  the  pension.  It  is 
well  known  that  he  had  real  estate  left  him  by  Archbishop  Carroll,  and  conveyed  in 
donations  to  him  as  archbishop ;  and,  besides  that,  Mgr.  Marechal  left  15,000  crowns 
to  his  successor,  who  added  thereto  his  own  private  estate,  £.4000  sterling,  that  is, 
13,000  Roman  croivns,  which  had  remained  for  several  years  in  the  hands  of  Sign.  Filicchi 
[of  Leghorn],  ivho  paid  him  [the  successor,  Whitfield]  the  interest  thereof.  It  is  not  sur- 
prising, then,  that  his  successor  [Eccleston]  should  have  subsisted  well  nigh  four  years 
without  exacting  the  pension.  Besides,  there  is  the  Bishop' s  residence  attached  to  the 
cathedral,  and  built  by  his  [predecessor?],  one  of  the  finest  houses  in  tJte  city ;  and 
moreover,  as  archbishop,  he  has  an  allowance  from  the  peiv-rent  of  the  cathedral." — 
Whitfield,  before  beginning  to  study  for  the  Church  at  Lyons,  where  he  became 
acquainted  with  Marechal,  had  been  a  merchant  operating  at  Leghorn.  Vcspre  himself 
was  of  a  conspicuous  merchant  family  in  Lyons,  and  had  entered  the  Seminary  at 
Baltimore,  where  he  was  a  disciple  of  MarechaVs.  Cf.  No.  132,  p.  525. 

17  Vespre's  annotation  (G) :  "  Father  William  McSherry  in  1830." 


1128  No.  217,  F.     ECCLESTON,    1835-1838  [VII 

that,  while  I  arn  willing  to  make  the  sacrifice  myself,  I  have  no  right  to 
impose  one  on  my  successors,  I  wish  it  to  be  understood  that,  on  the 
death  of  my  mother,  I  or  my  legal  representative  (D)18  will  make  up  the 
deficiency  out  of  my  little  patrimony. 

This  letter,  Very  Eev.  and  Dear  Sir,  you  will  have  the  kindness  to 
deposit  in  your  archives,  as  an  authentic  explanation  of  the  arrangement 
which  we  are  about  to  conclude ;  and  which  will,  I  doubt  not,  contribute 
to  cement  that  cordial  union,  which  should  ever  exist  between  the  first 
Pastor  and  a  Society,  which  he  should  be  proud  to  cherish  as  one  of  the 
brightest  ornaments  and  firmest  props  of  his  diocess. 

I  am  respectfully  and  truly  yours  in  Christ, 

+  SAMUEL  ArchP  Bait. 

Very  Rev.  Thomas  F.  Mulledy,  Provincial  S.J.,  Md. 

F-  1840,  May  5. 

Francis  Vespre,  procurator  of  tJte  Maryland  Province,  Georgetown  College, 
5  May,  1840,  to  the  General.  Abstract  of  ike  paragraph  on  the  foregoing 
documents  (D,  E),  and  on  Vespre' s  own  annotations  (notes  13-18). 

Copie  No.  23. 

1-6.    Various  heads  of  business. 

7.  All  things  considered,  and  especially  "  the  susceptibility  of  the  arch- 
bishop," nothing  can  be  done  to  rectify  the  transaction ;  not  even  a  simple 
letter  from  Mm  to  the  Propaganda  could  be  hoped  for  ;  if  asked  to  do  so,  he 
might  have  refused  to  authenticate  the  receipt  and  the  letter  (supra,  D,  E). 
"  All  that  I  could  do  was  to  have  a  copy  of  these  two  documents  authenticated 
by  himself,  and  I  enclose  it,  with  an  Italian  and  literal  translation,  accom- 
panied by  annotations,  which  are  for  the  Curia  Generalizia  alone  ;  for,  if  the 
annotation  marked  B,™ — especially  that, — came  in  any  way  to  the  knowledge 
of  the  archbishop,  we  should  fall  foul  of  him  with  a  vengeance,"  cela  nous 
feroit  une  fort  mauvaise  affaire  avec  lui.  "  The  extinction  of  the  pension 
was  very  badly  managed— paying  8000  dollars,  and  getting  a  receipt,  which 
said  expressly  that  it  icas  to  be  interpreted  by  a  letter  of  the  same  day,  but 
not  yet  seen  :  payant  8/m  dollars  sur  un  re$u  qui  contenoit  expressement 
qu'il  devoit  s'interpreter  par  une  lettre  du  meme  jour,  et  que  Ton  ne 
connoissoit  pas.  Two  days  after  the  payment,  this  letter  was  received  : 
Deux  jours  apres  le  payement,  cette  lettre  fut  regue ; 20  it  contains  assertions 
very  inexact,  and  against  us.  Nevertheless  we  seem  to  give  them  our  approval ; 
for  no  one  can  believe  that  we  have  paid  8000  dollars  for  a  receipt  so 
expressed,  without  having  read  the  letter  which  is  mentioned  there.  I  believe 
however  that  it  ivas  written  in  sincerity,  as  far  as  it  regards  the  renunciation 

18  (D)  Vespre  explains  this  term  in  Italian. 
9  Supra,  note  16. 

'  This  proceeding  may  be  explained  by  supposing  that,  as  the  payment  ivas  made 
and  the  receipt  given  at  Georgetown  College,  the  prelate  had  no  time  there  to  finish  his 
letter,  which  he  then  wrote  out  at  Baltimore  and  forwarded  to  the  Provincial. 


§  I?]  No.  217,  G.    ZCCLESTON,   1835-1838  1129 

[of  claims]  by  the  archbishop  himself ;  but  it  was  written  with  such  assertions 
find  reserves  that,  if  his  successors  want,  they  can  very  easily  call  the  whole 
transaction  into  question."  '"'  Here  Vespre  suggests  how  the  authenticated 
copy  of  the  receipt  and  the  letter  might  still  receive,  through  the  Propaganda, 
a  final  sanction  from  the  Pope.  If  this  were  obtained,  then  what  Vespre  asks 
for  in  his  annotation  E'21  would  no  longer  be  in  place;  that  is,  to  test  the 
matter  of  the  (supposititious)  rescript,  by  asking  for  a  copy  from  the  Propa- 
ganda, TJie  Procurator  General,  Father  Manned,  would  surely  have  obtained 
such  a  copy  before  paying  the  first  quarter  in  November,  1826.  If  there  is 
such  a  document,  Vespre  desires  a  transcript,  authenticated  by  the  Secretary  of 
the  Society;  as  also  a  similar  certificate  of  the  Papal  sanction,  if  obtained, 
for  the  late  transaction  icith  Eccleston. 
8.  Other  business. 

G.  1840,  May  5. 

Vespre's  Note  per  la  sola  Curia  Generalizia,  accompanying  the  foregoing 
letter :  annotations  (E),  (F),  on  the  receipt,  (A)-(D)  on  the  letter  of  Eccles- 
ton. See  supra,  D,  E,  notes  13-18. 

Georgetown  College  MSS.  and  Transcripts,  MarecJial  Controversy,  1837, 
June  19,  Eccleston,  Baltimore,  to  Me  Sherry.  Ibid.,  1837,  June  29,  McSherry, 
Georgetown,  to  Eccleston;  a  letter-press  copy,  1  p.  4to.  Ibid.,  1S38,  Jan.  24, 
Eccleston,  Baltimore,  to  Mulledy,  Georgetown.  Ibid.,  Eccleston,  Georgetown, 
1838,  July  9,  receipt  delivered  to  Mulledy ;  autograph,  1  p.  4to.  Ibid.,  same  to 
same,  letter  said  in  the  receipt  to  be  of  the  same  date,  and  supposed  to  accompany 
the  same ;  autograph,  2  pp.  fol.  Ibid.,  183S-1840,  Vespre' s  Italian  translation  of 
the  foregoing  receipt,  and  of  the  letter,  referred  to  in  the  receipt ;  drafts  of  his 
own  annotations  thereupon,  with  directions  for  transcription ;  copy  of  Eccleston's 
authentication,  that  Vespre's  copies  of  receipt  and  letter  (9  July,  1838)  arc 
accurate:  Datum  Georgiopoli,  29  Apr.,  1840,  with  seal;  note  of  Vespre' s,  that 
all  the  foregoing  were  sent  to  the  General,  5  May,  1840  ;  the  whole  series  of  his 
drafts  and  copies,  4  pp.  fol.  and  1  p.  4to.  Ibid.,  his  annotations,  Note  per  la 
sola  Curia  Generalizia. — General  Archives  S.J.,  Maryl.  Epist,,  7,  ii.,  Vespre, 
Georgetown,  5  May,  1840,  to  the  General,  Copie  N'.'  23. 

Mgr.  Eccleston  said  in  the  receipt  (supra,  D),  that  lie,  regarded  the 
$8000  obtained  from  the  Jesuits  as  a  principal  or  fund.  From 
this  he  and  his  successors  would  derive  little  more  than  half 
the  annual  income  of  §800,  (E) ;  which  signified  that  the  rate 
of  interest  then  received  was  more  than  5%;  that  is  to  say,  it 
was  probably  6°/0,  which  Whitficld  said  that  he  was  receiving  from 
the  United  States  Bank  for  his  own  private  fortune  to  the  amount 
of  600  to  800  dollars  a  year.22  Since  neither  of  these  two,  as  they 
admitted,  had  any  need  of  an  allowance  for  their  subsistence,  Whit- 
field  in  particular  merely  advancing  the  claim  that,  whatever 

(a)  The  foreyoivg  passage,  here  translated,  is  fcored  down  the  margin,  apparently  by  the  General. 

21  Supra,  note  13. 

22  No.  214,  B,  p.  1106. 

VOL.   I.  4   D 


1130  No.  217.    ECCLES'fdN,    1835-1838  [VII 

iucoine  he  might  have  altogether,  he  could  use,  it ; n  and  since 
it  is  clear,  from  Whitjicld's  and  Vespre's  minute  accounts  of 
Marcchal's  charitable  bequests  and  the  fund  which  he  left  to  his 
successors,24  that  neither  had  this  prelate  any  need  of  a  subsidy 
for  his  maintenance, — it  is  obvious  that  the  subsidies  received  from 
the  Jesuits  may  rightly  be  considered,  according  to  Eccleston's  con- 
ception, as  a  mere  fund  or  foundation  for  the  Sec  of  Baltimore. 

The  sum-total  received  by  these  last  three  prelates :  §1000  during 
a  year  and  a  quarter  by  the  Jirst ;  about  §4-800  in  six 
years  by  the  second ;  §8000  by  the  third, — altogether  made  a 
fund  of  about  §13,800,  which,  at  the  annual  interest  of  6% 
established  a  perpetual  annual  income  for  the  Sec  of  Baltimore 
of  over  §800.  This  was  more  than  the  sum  (§800}  which 
Gradwell  had  undertaken  to  obtain  from  the  Jesuits  as  a  per- 
petuity for  the  Archbishops  of  Baltimore;125  and  it  was  con- 
siderably more  than  the  whole  estate  of  White  Marsh  was  yielding 
about  the  same  time.'26 

So  much  the  Jesuits  contributed  unwillingly.  Prior  to  the  suc- 
cession of  these  three  Ordinaries,  they  had  done  much  willingly. 
From  1789  to  1797  they  had  supplied  their  confrere,  Bishop 
Carroll,  with  §560  annually ;  and,  from  1797  till  1806,  with 
§800  per  annum — a  total  of  §11,680.  During  the  years  1807- 
1814  fliey  hud  given  him  the  usufruct  of  an  estate  more  than 
1000  acres  in  extent,^1  the  proceeds  of  which  were  reckoned  at 
§1000  a  year,  talking  good  and  bad  together ;  this  was  a  sum- 
total  of  §8000 ].-8  He  did  not  need  this  for  his  subsistence  ;  seeing 
that,  after  more  than  a  year  of  occupation,  he  had  received  so 
far  only  one  hog,  yet  he  merely  noted  the  fact  in  a  letter  of 
excuse  to  the  Superior,  and  made  no  complaint  of  his  means 
being  insufficient?3  Similarly,  his  Coadjutor,  L.  Neale,  received 
in  that  capacity  §200  a  year,  from  1S04  till  1813 ;  which  allow- 
ance was  increased  to  §500  in  1813,  lb'14-30  -As  Ordinary, 
from  the  beginning  of  1815  till  the  middle  of  1817,  his  annual 
subsidy  ivas  §1000^  Thus  L.  Neale  received  in  all  from  his 

23  Nos.  214,  B,  p.  1106;  217,  p.  1121. 

24  Nos.  214,  B,  p.  1105 ;  217,  note  16. 

25  No.  213,  A,  D. 

26  No.  114,  D. 

27  No.  83,  B. 

•"  Nos.  116,  C,  note  8 ;  117,  B,  note  3. 

•-'9  No.  117,  B,  note  3. 

30  Nos.  177,  0,8?;  179,  S,  12v 

-'  Nos.  178,  Q,  1?;  180,  E. 


§   i?]  No.  217.     ECCLESTON,    1835  1838  1131 

confreres'  estates,  not  to  mention  special  allowances  and  some 
animal  household  expenses™  the  sum-total  of  §5300. 

Hence  the  contributions  to  the  See  of  Baltimore,  from  1789  to 
1817,  had  amounted  to  $24,980.  Had  Mgr.  Marechal's  state- 
ment been  correct,  that  the  smallest  pension  ever  paid  to  the 
Archbishop  of  Baltimore  by  the  Jesuits  was  §1200^  this  sum 
•would  have  amounted  to  §33,600,  which,  with  the  addition  of 
the  subsidies  to  the  Coadjutor,  would  have  made  §38,900. 

Besides  all  this,  the  Jesuits  had  made  a  free  contribution  of  their 
property  in  Baltimore,  Old  St.  Peter's,  the  ground  of  which  ivas 
valued  at  $20,000,  while  the  church  itself  and  house  were  esti- 
mated ly  Kohlmann  to  be  worth  another  ^0,000.3i 

Therefore,  prior  to  Marechal's  time,  the  Jesuits  /tad  contributed 
with  a  good  will  to  the  See  of  Baltimore,  $64,980,  with  other 
gratuities  added,  occasional  and  annual^  From  Marechal's  time 
to  Ecclestoris,  they  had  paid,  not  with  a  good  will,  §13,800. 
This,  as  a  fund,  according  to  Ecclestons  conception,  amounted  to 
a  total  of  §78,780,  which,  with  the  other  gratuities  added,  was 
more  than  §80,000.  According  to  the  same  estimate  of  Ecclc- 
ston's,  the  annual  legal  interest  of  this  at  the  time  was  §4-800, 
the  Jesuit  contribution  in  perpetuity  for  the  See  of  Baltimore. 

This  outlay  ended  with  the,  transaction  described  by  Archbishop 
Eccleston  above  (D,  E),  the  Provincial  of  that  Order,  which 
during  a  century  and  three  quarters  had  founded  and  main- 
tained at  its  own  expense  the  Catholic  religion  in  British  North 
America,  agreeing  with  the  Archbishop  of  Baltimore  to  buy  off 
the  latter  and  his  successors  for  the  sum  of  §8000^  Against 

33  Nos.  176,  F,  9?;  180,  E,  [!»']. 

33  No.  137,  ad  note  1. 

31  Nos.  93,  K,  p.  322  ;  94,  B. 

35  Cf.  Nos.  173,  G,  1?,  $160,  for  Carroll's  extraordinary  expenses  at  Philadelphia, 
1797 ;  17G,  F,  9?,  177,  B,  £,100  fur  expenses  of  the  Coadjutor's  consecration ;  180,  E, 
30  cords  of  wood  annually  for  the  Coadjutor  (1816,  1817) ;  besides  tJte  expenses  for 
Italy  oils  and  Ordos  to  serve  the  whole  clergy  (sec  No.  180,  B,  note  46). 

3S  Amid  the  involuntary  contributions  from  the  Jesuits  to  the  See  of  Baltimore 
must  be  reckoned  a  portion  of  the  old  Jesuit  Mission  archives,  nearly  the  whole  of  that 
historical  part  which  the  agent  of  the  Chapter  did  not  keep  for  his  financial  business 
(cf.  No.  150,  N).  Marechal  referred  to  these  valuable  papers  of  the  Society  as 
"  original  correspondence  which  I  have  in  the  archives  of  my  archbishopric"  (No.  119, 
[A],  p.  448).  He  loas  seemingly  unaware  that  tlie  said  archives  did  not  belong  to  his 
See;  and  that  five  years  before,  at  the  death  of  L.  Neale,  last  ex-Jesuit  archbishop, 
they  should  have  been  restored  to  the  Order.  Since  then  these  Jesuit  archives  have  been 
considered  the  most  interesting  section  of  Jiistorical  documents  lying  in  tfie  archi- 
episcopal  depository  at  Baltimore ;  although,  lohat  ivith  tJie  General  Archives  S.J.,  the 
Stonyhurst  MSS.,  the  transcripts  by  B.  U.  Campbell  and  Shea  in  the  Georgetown 
archives,  there  is  nothing  of  importance  which  we  have  not  produced  in  Section  L,  or 
shall  not  have  occasion  to  use  in  subsequent  volumes  of  the  Text.  Some  of  the  original 


1132  Afc.  218.     SEQUEL,    1829-1837  [VII 

this  outlay,  and  as  precisely  corresponding  to  it,  what  the  assets 
of  the  Order  were  in  Maryland  will  be  seen  in  the  two  following 
Numbers. 


No.  218.  1829-1837. 

Temporalities  and  reputation:  sequel  of  the  claims  for  extended 
jurisdiction  over  regulars.  In  no  fewer  than  eight  letters, 
written  at  the  close  of  1829,  Father  Stephen  Dubuisson,  on  his 
return  from  Rome  to  America,  ivrotc  back  to  Rome  about  the 
impressions  prevailing  in  different  parts  of  Europe,  with  respect 
to  the  Jesuits  in  America.  He  says  expressly  that  they  were 
owing  to  the  controversy  with  Mgr.  Marechal.  His  journey,  in 
company  with  young  Father  James  Ryder,  lay  through  Turin 
and  Lyons  towards  Havre.  One  or  two  excerpts  of  these  letters 
are  here  given. 

The  old  contention  about  jurisdiction  continued  in  the  direction 
of  Marechal' s  policy,1  and  much  in  the  spirit  of  Card.  Fesch's 
administration,  as  conducted  through  his  Vicars  General  at 
Lyons.2  The  state  of  knowledge  manifested  in  theology,  canon 

historical  papers  were  not  comprised  in  the  loan  made  to  Carroll,  Prefect  Apostolic ; 
and  they  are  still  in  the  Md.-N.  Y.  Province  Archives  (cf.  supra,  Nos.  12,  13) : 

Father  Fidele  Grivel,  White  Marsh,  26  Jan.,  1831,  to  tJie  General,  Father  Roo- 
thaan(in  French)  :  "  Really  1  do  not  sec  that,  in  addition  to  800  dollars  a  year  to  Mgr. 
the  Archbishop,  and,  besides  the  archiepiscopal  library  which  Mgr.  Carroll  and  Mgr. 
Neale  borrowed  from  'its,  and,  more  than  that,  all  the  archives  of  our  Missions  in  the 
United  States,  which  Mgr.  Carroll  had  with  him  as  Superior  of  the  Mission,  after  the 
death  of  Father  John  Lewis  wlio  was  Superior  in  1773,  and  perhaps  up  to  the  24th  of 
March,  1788,  the  date  of  his  death — I  do  not  see,  I  say,  why  the  Society  should  abandon 
to  the  Sulpicians  the  nice  little  library  of  Father  Vespre." 

Grivel,  White  Marsh,  14  Feb.,  1831,  to  Father  Landes,  Assistant  of  the  General 
(in  French) :  "  The  archives  of  the  Mission  are  in  the  hands  of  the  Archbishop  of 
Baltimore,  [WJiitficld],  and  it  will  be  difficult  to  recover  them.  Nevertheless,  I  do  not 
think  he  refuses' to  us  the  use  of  them  at  least,  if  we  come  to  have  any  need  of  them." 

Grivel,  White  Marsh,  13  Aug.,  1831,  to  tJie  General  (in  French) :  "  The  fine  books 
of  Father  Vespre  are  at  the  College  of  Geargetoiun.  The  Sulpicians  made  not  the  kast 
difficulty  in  giving  them  up." 

-  A  similar  misunderstanding  of  the  Sulpicians  had  been  similarly  rectified  some 
twelve  years  before.  Eohlmann,  Georgetown,  24  Dec.,  1819,  to  Grassi,  Rome:  Be 
pleased  to  inform  C.  Vespre  [then  a  novice~\  that,  in  my  late  journey  to  Baltimore, 
R.  Mr  Deluol  rectified  the  mistake  respecting  the  boxes  forwarded  by  him  [Vespre']. 
The  gentlemen  of  the  Seminary  piously  thought  that  the  box  containing  V.  Liguori's 
abridgements  of  moral  divinity,  with  the  author's  life  and  the  cathalogue  of  the 
Indulgences,  with  the  paintings,  was  meant  for  the  Seminary  [where  Vespre  had 

recently  been  a  seminarian^,  and  of  course ;  but,  upon  being  better  informed, 

they  have  restored  the  ab ,  and  will  restore  the  rest,  if  it  can  be  found.     On  the 

courtesy  of  the  Sulpicians. 

(General  Archives  S.J.,  Maryl.  Epist.,  4,  ii.,  Grivel,  26  Jan.,  1831,  to  the  General. 
Ibid.,  4,  i.,  same  to  same,  13  Aug.,  1831.  Ibid.,  Grivel,  14  Feb.,  1831,  to  Landes.  Ibid. , 
2,  Hi.,  Kohlmann,  Georgetown,  24  Dec.,  1819,  to  Grassi,  Rome,  fav'l  by  B.  Dl  Taylor.) 

1  No.  135,  B-Q. 

8  Cf.  No.  202,  D. 


§  I?]  No.  218,  A,  B.     SEQUEL,    1829-1837  1133 

law,  and  Church  history,  if  it  did  not  correspond  i/i  appa- 
rent profundity  to  the  learning  of  a  school  mentioned  in 
another  place?  exhibited  an  array  of  conclusions  identical  with 
those  of  this  foreign  school,  and  seemed  to  augur  for  the  Church 
in  America  the,  coming  of  an  era,  which  subsequently  more  learn- 
ing, less  imported,  theology,  and  a  strict  dependence  on  Home 
happily  averted.*  This  agitation  of  the  question  on  jurisdiction 
touched  intimately  the.  rights  of  property,  in  the  sense  that,  where 
an  Ordinary  exercised  his  jurisdiction  over  the  administration  of 
Sacraments  and  preaching,  there,  it  was  held,  he  had  a  right 
to  possess  the  property  of  regulars  who,  with  his  approbation, 
administered  the  Sacraments  and  preached.  In  this  theology, 
the  question  of  regulars  privileges  was  made  to  involve  the 
elementary  rights  of  property. 

A.  1829,  October  5. 

Dubuisfton,  Lyons,  •'»  Oct.,  1839,  to  the  General,  Father  Roothaan.  The 
estimate  formed  in  Europe  of  the  Maryland  Jesuits.  Extract  from  the 
French. 

"...  Here  at  Lyons,  with  regard  to  contributions,  we  have  not  met  with 
much  success :  from  M.  Vespres,  100  francs,  and  from  M.  le  Comte  d'Hercn- 
lais,  190  francs.  .  .  .  I  was  forced,  Very  Rev.  Father,  to  give  some 
explanations  to  M.  d'Herculais.  People  here  described  the  Mission  of 
the  United  States  as  scarcely  belonging  ant/  more  to  the  Society,  as  almost 
separated  and  withdrawn  from  your  authority,  in  conscience  of  the  affair 
with  Mgr.  the  Archbishop  of  Baltimore.  Father  Ryder  observed  to  me  this 
evening,  that  it  was  a  stroke  of  providence  which  brought  us  here,  in  order  to  do 
away  witli  more  than  one  prejudice  against  us.  Persons  were  not  at  ease: 
because,  as  children  of  St.  Ignatius,  they  love  us  much.  .  .  . 

"  We  did  the  journey  from  Turin  to  Lyons,  in  company  with  M.  le  Marquis 
Pacca,  nephew  of  the  Cardinal  of  that  name.  And  it  was  only  here,  when  ice 
found  ourselves  all  together  at  flie  house  of  M.  d'Herculais,  that  lie  knew 
positively  that  we  belonged  to  the  Society.  He  is  a  perfect  gentleman,  who 
showed  all  kinds  of  attention  as  well  before  ax  after  the  discovery.  .  .  ." 

B.  1829,  October  23. 

Dubuisson,  Havre,  S3  Oct.,  1829,  to  the  General.  Precautions  iaJceu 
with  the  association,  Propagation  de  la  Foi. 

In  dealing  with  the  association  for  the  Propagation  of  tlic  Faith,  Father 

3  Cf.  History,  I.  216,  note  8. 

4  Ryder,  in  a  letter,  IS  Feb.,  1830,  to  the  General,  Fattier  Roothaan,  describes  the 
inner  workings  of  a  party,  una  fazioiiella,  composed  of  various  elements.     (General 
Archives  S.J.,  Maryl.  Kpist.,  3,  iv.) 


1134  No.  218,  C,  D.     SEQUEL,    1829-1837  [VII 

Dubuisson  judged  it  imperative  to  introduce  tlie  General  as  an  intermediary 
in  receiving  alms  for  Maryland  ;  thereby  reassuring  the  charitable  association 
of  the  Propagation  fie  la  Foi,  that  these  Americans  were  true  Jesuits.5 

C.  1829,  November  25. 

Grass!,  Turin,  25  Nov.,  1829,  to  the  General.  Matters  to  be  treated  at 
the  Baltimore  Synod.  Extract  from  the  Italian. 

"  .  .  .  A  letter  has  come  to  hand,  written  to  me  by  our  Father  JBeschter, 
under  date  of  Sept.  27  [1829~\,from  the  United  States  of  America."  Unofficial 
news  had  arrived  of  Father  Roothaan's  election  as  General.  "  He  tells  me 
that  the  Archbishop  of  Baltimore  was  to  hold  a  Synod  at  the  beginning  of 
October ;  the  bishops,  theologians,  etc.,  were  invited,  but  not  the  Superior  of 
ours  there;  and,  among  the  other  matters  to  be  proposed,  one  was  that 
regulars  should,  be  at  the  free  disposal  of  bishops,  as  if  they  were 
seculars ;  [another  leas']  whether  the  office  of  St.  Gregory  VII.  [Hildebrand] 
should  be  recited  ; r>  etc.  There  was  to  be  printed  in  Baltimore  a  translation 
of  the  Provincial  Letters  of  Pascal,  and  this  not  without  disapproval,  etc.,  etc. 
So  writes  Father  Beschter."  ~ 

D.  1830,  May  21. 

Dubuisson,  21  May,  1830,  to  the  General.  Claims  of  Wliitjiebi  to  Jesuit 
churches.  Extract  from  the  French. 

"...  We  are  at  peace  with  the  Archbishop.  He  shows  himself  very 
gracious.  Nevertheless,  you  will  have  seen  by  the  letters  of  Father  Dziero- 
zynsTci,  what  singular  claims  he  makes.  All  our  churches  (those  of  the 
Society)  belong  to  him  by  right,  and  ought  to  belong  to  him  in  fact.  If  we 
were  to  build  one  adjoining  the  college  and  upon  our  own  ground,  it  ivould 
be  necessary  to  make  a  present  of  the  church  to  him,  and  of  the 
ground  on  which  it  stood.  It  seems  to  be  a  thing  unheard  of.  However, 

5  The  Annals  of  the  Association,  Propagation  dc  la  Foi,  to  which  -Dubuisson  liere 
alludes,  afford  an  illustration  of  the  hold  which  MarechaVs  theory  about  Jesuit  property 
obtained  on  the  ecclesiastical  mind  in  America.  lV7iile  the  Marcchal  controversy  was 
at  its  Jieight  (1824),  Bisliop  England  wrote  for  the  said  Annals  a  passage  which  implies 
that  the  Maryland  Jesuits  had  appropriated  lands  not  intended  for  them,  and  that  the 
pension  paid  to  the  Baltimore  prelates  was  an  indemnification :  The  sole  exception 
was  some  property,  which  had  originally  been  destined  for  the  missions  that  were  in 
early  times  served  by  the  Jesuits,  and  a  portion  of  which  had  by  a  variety  of  con- 
trivances been  preserved ;  and  which  had  at  this  period  been  legally  vested  in  the 
priests  of  Maryland  who  had  been  incorporated  by  the  new  Government;  and  which 
has  since  insensibly  passed  into  the  possession  of  the  Jesuits  of  Georgetown  College, 
Georgetown,  in  the  District  of  Columbia,  upon  the  condition  of  paying  something 
towards  the  support  of  the  archiepiscopal  See  of  Baltimore.  It  was  from  this  fund 
that  the  clergy  then  derived  the  principal  means  of  support.  (Bishop  England's 
Works,  iii.  239.) 

0  The  expunging  of  Pope  SI.  Gregory  VII.  and  his  office  from  the  breviary  had 
been  the  proposal  of   tlie   Gallican  parliaments   and   Gallican  bishops  of  France. 
Benedict  XIII.  condemned  their  action,  31  Jvily,  1729.    It  had  also  been  an  object 
with  Joseph  II.  of  Austria,  and  the  system  called  Josephism. 
•  Cf.  No.  130,  C,  on  this  Synod's  acts. 


§  I?]  No.  218,  E.     SEQUEL,    1829-1837  1135 

that  is  fill  a  sequel  of  the  proceedings  of  Mgr.  Marechal ;  find  the  presenti- 
ments of  Father  Dzierozi/nsJci  are  found  to  be  fully  verified,  viz.  that  the 
archbishop  looked  towards  possessing  himself  of  all  our  churches."6 

E.  1837,  July  25. 

Father  Giovanni  Stefano  Gabaria,  Georgetown,  25  July,  1837,  to  the 
General.  Points  similar  to  those  in  the  preceding  documents  (C,  D),  sub- 
mitted for  consideration  «t  the  Provincial  Synod  under  Archbishop  Eccleston. 
Extract  from  the  Italian. 

.  .  .  Antony  the  points  to  be  discussed  in  the  provincial  council,  and  sent  by 
the  Bishops  of  the  province,  one  was  the  following  :  11.  De  comtnunitatibus 
regularibus  et  ecclesiasticis. — Quibusnaui  conditionibus  subjici  fas  est 
misaiones  (congregationes)  iis  demandatas  1  Quaenam  Episcopi  juris- 
dictio  et  ratio  agendi,  ubi  subcliti  hujusmodi  communitatum  praeficiendi 
sunt  ecclesiis,  quibus  annexa  est  cura  animarum  1  An  iis  in  posterum 
permittendurn  sit  ut  terras  et  praedia  quae  a  tidelibus  offeruntur  ad 
aedificandas  ecclesias  et  sustentandos  pastores  nomine  suae  corurnunitatis 
percipiant  et  possideant,  nisi  ubi  agitur  de  fundis  oblatis  ad  collegia, 
scholas  et  dornos  earum  instituti  erigendas  et  sustentandas  1  "  We  suspected 
that  this  point  came  from  the  archbishop  \Ecclestori]  ;  the  more  so  as  he  had 
spoken  in  this  very  sense  ivith  some  among  us  about  the  churches  built  by  ours  ; 
as  also  about  that  of  Frederickstown.  But  lie  assured  us  that  it  came  from 
another  source  ;  and  he  desired  to  have  an  express  declaration  from  Father 
Provincial  that  we  do  not  want  to  have  parishes  ;  promising  to  prevent  this 
matter  from  being  treated  in  the  council.  .  .  ,"9 

General  Archives  S.J.,  Man/I.  Epist.,  3,  mi.,  2,  Dubuisson,  Lyons,  5  Oct., 
1829,  to  Uic  General.  Ibid.,  same  to  same,  Havre,  23  Oct.,  1829.  Ibid.,  3,  i., 
same  to  same,  (Maryland),  21  May,  1830.  Ibid.,  5,  i.,  Gabaria,  (Maryland), 
25  July,  1837,  to  the  General.  Ibid.,  Roma,  Epist.,  11,  ii.,  90,  Grassi,  Turin, 
25  Nov.,  1829,  to  the  General. 

8  Cf.  Nos.  121,  A,  note  4 ;  135,  B-P.  As  to  what  LHibuisson  says,  that  it  was  "  all 
a  sequel  of  the  •proceedings  of  Mgr.  Marechal,"  lie  does  not  make  allowance  in  the  case 
for  the  antecedents  of  Mgr.  Wliitfield,  who,  having  been  a  merchant  in  Italy  till  mature 
years,  took  up  theology  in  France  at  the  age  of  nearly  forty  years.  Cf.  Nos.  171,  A, 
note  5 ;  217,  note  16. 

0  See  No.  135,  Q,  10".'°,i  the  General,  Father  Fortis,  24  Apr.,  1824,  forecasting 
precisely  this  state  of  things.  Before  that,  from  another  point  of  view,  Father  Kohlmann, 
master  of  novices  at  White  Marsh,  had  touched  the  same  subject.  Urging  Grassi  to 
carry  out  his  purpose  of  sending  the  scholastic  members  to  Italy,  as  the  only  ivay  to 
secure  the  prosecution  of  their  studies  and  also  to  save  their  vocations,  he  considers  that 
financial  difficulties  should  not  obstruct  the  project  (6  Feb.  1817) ;  and  then  he  adds  in 
a  subsequent  letter  (20  Feb.,  1817) :  N.B.  Let  Trinity  Church  [Georgetown]  be  a 
parish,  and  be  attended  by  the  secular  clergy;  and  let  us  keep  our  money  for  other 
more  urgent  and  important  purposes.  (General  Archives  S.J.,  Mary  I.  Epist.,  1,  iii., 
Kohlmann,  6  Feb.,  1817,  to  Grassi ;  endorsed  by  the  latter  :  To  Itaty.  Ibid.,  1,  iv., 
same  to  same,  20  Feb.,  1817.) — From  the  Egan  project  of  secularizing  Orders  (No.  192, 
A  ;  ibid.,  pp.  986,  987),  or  the,  French  tenets  (Nos.  135,  A,  note  40,  p.  553 ;  210,  note  2), 
the  draft  of  novel  jurisprudence,  as  sketched  above  by  Gabaria,  might  somehow  be 
derived ;  but  from  the  Church's  canons  a  different  set  of  conclusions  2'rocccd.  Cf. 
Nos.  121,  A,  note  4,  ad  fin. ;  130,  C ;  135,  V ;  178,  Q2,  note  87,  p.  847,  the  Vatican 
Council  Schema  Constitutions  de  regularibus. 


1136  No.  219,  A.     ANTI-CORPORATION  DOCUMENTS  [VII 

No.  219.  (1826.) 

Anti-Corporation  documents.  Enough  lias  been  given  above1  of  the 
^presentations  made  to  Rome  against  that  eleemosynary  insti- 
tution, called  the  Corporation,  which  has  now  been  fully  revealed 
in  its  acts;  as  also  against  the  Order  which  practically  con- 
trolled that  Board,  and  fostered  the  interests  of  religion  during 
the  long  career  of  Bishop  Carroll  and  the  short  term  of  his 
successor,  L.  Neale.  These  documents  have  been  reproduced  at 
sufficient  length  in  their  own  language  and  terms,  from  sources 
oftentimes  autograph,  at  other  times  copied  or  reproduced  in  print 
by  responsible  agents.  One  paper,  however,  addressed  to  the 
Propaganda,  does  not  belong  to  the  series  given  above.  It  is 
without  date  or  signature;  yet  its  authorship  seems  to  be  clear. 
The  writer  was  acquainted  with,  the.  west,  Nciv  Orleans,  St.  Louis, 
the  establishment  of  the  Dames  du  Sacre  Cocur  (at  Florissant, 
Missouri)?  In  an  indirect  way,  he  describes  for  the  Sacred 
Congregation  of  the  Propaganda  that  Maryland  institution,  the 
Corporation,  or  "a  religious  Order,"  which  is  comparatively  so 
influential  by  its  means  and  personnel,  that  the  Baltimore  diocese 
could  not  proceed  without  such  auxiliaries.  In  his  description, 
whether  by  direct  statement  or  insinuation,  he  makes  the  following 
contributions  to  history. 

A.  (1826?) 

Memoir  to  the  Propaganda,  (Montauban,  1826?),  on  "The  United 
States  of  America :  Condition  of  the  Catholic  Church  in  those  countries." 
The  Corporation  in,  Maryland,  or  "  a  religious  Order "  in  the  diocese,  is 
described  as  an  institution  which  blocks  the  administration  of  the  diocese, 
cabals  against  the  bishop,  strips  him  of  revenues  which  his  predecessors 
enjoyed,  shuts  the  door  of  his  cathedral  or  other  church  in  his  face — a 
religious  Order  which  has  it  all  its  own  way  against  the  secular  clergy,  le 
reste  du  clerge ;  the  bishop  has  his  hands  tied,  so  that  he  cannot  proceed 

1  Section  III.,  and  passim. 

•  In  Aug.,  1826,  Mgr.  Dubourg  had  arrived  at  Bordeaux,  and  submitted  to  the 
Propaganda  his  resignation  of  the  Nciu  Orleans  See.  (Georgetoivn  College  Transcripts, 
1825-1830,  Shea's  abstracts:  Card.  Delia  Somaglia,  12  Aug.,  1826,  to  Marechal.) 
From  Montauban,  his  new  See,  he  signified  to  the  Propaganda,  1  May,  1827,  his 
pleasiire  in  being  able  to  help  Mgr.  Bosati  of  St.  Louis,  by  presenting  accounts  to 
Borne.  (Ibid.,  1827,  May  1,  copy  from  Propaganda.  Archives,  Scritture  riferite  nei 
congressi,  America,  vol.  9,  1827,  1828 ;  3  pp.  4to.)  Other  reports  in  the  Propaganda 
Archives  about  the  same  years  seem  to  be  his.  The  present  Memoir  (31  pp.  4to)  speaks 
of  America  as  at  a  distance  ;  thus,  f.  12  med° :  car  dans  ce  pays  la.  As  to  Dubourg's 
antecedent  experiences  with  the  Corporation,  cf.  No.  135,  A,  note  6,  Grassi  :  La  Cor- 
porazione  ringrazio  Monsignor  Dubourg,  il  quale  parti  non  poco  irritato  contro 
que'della  Corporazione ;  and  No.  170,  P,  Q  ;  ibid.,  B2,'131.',  Dubourg's  Georgetown  debts. 


§17]  No.  219,  A.     ANTI-CORPORATION  DOCUMENTS  1137 

except  according  to  the  views  and  interests  of  the  Order;  yet  it  may  happen 
that  the  members  of  the  1  niter  are  not  equal  to  all  the  demands  of  the  diocese; 
and,  if  the  bishop  calls  in  secular  priests,  what  is  the  consequence?  This 
religious  Order,  under  one  pretext  or  another,  will  pretend  that  it  has  not 
enough  wherewith  to  maintain  these  secular  priests,  who,  not  being  salaried 
by  the  same,  will  abandon  their  post  and,  the  bishop.  The  latter  will  then 
find  himself  incapable  of  providing  for  the  salvation  of  souls.  And  never- 
theless all  this  property  wax  given  "for  that."  The  Order  may  become 
financially  involved,  and,  to  liquidate  its  debts,  it  may  have  to  sell  its 
property  and  churches.  "  All  these  difficulties  are  not  a  chimera  "  (tliat  is 
to  say,  theif  are  a  facty.  Then  he  propounds  tin'  general  policy,  that  all 
property,  on  which-  churches  are  built  for  the  use  of  the  faithful,  pour  les 
besoins  du  peuple,  as  icell  as  all  revenues  proceeding  thence,  should,  belong 
to  the  Ordinary,  who  would  be  hampered,  gene,  in  the  exercise  of  his  spiritual 
power,  if  lie  did  not  possess  also  the  temporal  it  ies  of  a  regular  Order,  as  far 
as  if  served  the  faithful  in  his  diocese. 

*  /  / 

Etats-Unis  de  FAmerique  Septentrionale.     Ktat  de  1'Eglise  Catholique 
dans  ces  pays. 

.  .  .  [F.  10v](!l)  D'autres  ont  pense  de  faire  de  tout  le  clerge  une  Cor- 
poration comme  est  celui  de  Maryland,  pour  le  rendre  possesseur  de  toutes 
les  eglises.  Mais  cela  est  impracticable ;  car  le  gouvernement  des  autres 
etats  ne  le  permettroit  pas.  Mais  je  suppose  qu'ils  le  perruissent,  je  ne 
voudrois  pas  conseiller  d'adopter  un  pareil  plan.  Car  il  peut  arriver  que 
la  majorite  du  clerge  \_incorpore  ?^  cabale  centre  1'eveque,  et  par  un  arrf-te 
pris  en  forme  Fempeche  d'entrer  dans  sa  cathedrale  ou  dans  aucune 
autre  eglise,:i  et  le  prive  de  la  par  tie  du  revenu  dont  jouissait  son  pre- 
decesseur.  La  chose  est  presque  arrivee  ainsi ;  si  dans  ce  diocese  ainsi 
constitue  un  ordre  religieux  Pemporte  sur  tout  le  reste  du  clerge,4  1'eveque 
a  les  mains  liees,  il  ne  peut  administrer  son  diocese  que  selon  les  vues  et 
les  interets  de  1'ordre.  Je  suppose  rneme  qu'il  y  ait  parfaite  harmonie 
entre  1'ordre  et  Pordinaire ;  il  peut  arriver  que  cet  ordre  a  si  peu  de 
sujets  qu'il  ne  peut  pas  subvenir  aux  besoins  de  tout  le  diocese ;  dans  ce 
cas  Feveque  se  procure  des  pretres  seculiers  par  un  nioyen  ou  autre. 
Qu'en  resulteroit-il  ?  Que  cet  ordre  pretendra  n 'avoir  pas  trop  de  revenu 

(a)  In  a  cnpy  of  .11  pp.  'tt/i. 

3  This  was  the  case  of  the  Philadelphia,  Norfolk,  Charleston   schismatical  lay- 
trustees,  or  that  of  the  priest  Sedclla  in  New  Orleans.    By  implication,  it  is  here  made 
to  be  the  case  of  the  Jesuit  missionaries  in  Maryland.     Cf.  Nos.  121,  A,  note  4  ;  130,  A, 
2'.',  pp.  514,  515.    On  tJie  contrary,  Marechal,  Vicar  General,  with  Archbishop  L.  Neale, 
had  engaged  Grassi,  Superior  of  the  Jesuits,  to  go  and  represent  in  Rome  the  interests 
of  tlie,  Baltimore  diocese  as  against  the  abuses  of  lay-trustees.     Cf.  Nos.  180,  p.  889, 
ad  note  30  ;  184,  A,  note  2,  Marechal,  21  Apr.,  1817,  to  Grassi. 

4  Here  there  seems  to  be  a  diocesan  clergy  present,  over  which,  to  use   Wiseman's 
phrase,  the  regulars  are  predominant  (No.  215,  B,  p.  1115  ;  cf.  Nos.  135,  K,  p.  565 ;  190, 
p.  955).     A  few  lines  below,  the  regulars  seem  to  be  seculars,  bound  to  supply  "the 
needs  of  the  diocese  "  (cf.  No.  135,  C).    In  the  line  following,  there  seems  to  have  been  no 
secular  or  diocesan  clergy  at  all,  but  the  bishop  thinks  of  "procuring  "  them. 


1138  No.  219,  A.     ANTI-CORPORATION  DOCUMENTS  [VII 

pour  lui  ;  qu'il  faut  qu'il  fasse  ceci,  cela;5  en  un  mot,  il  \_cet  ordre']  fera 
que  les  pretres  seculiers,  n'ayant  pas  de  quoi  vivre,  abandonneront  et 
leur  poste  et  1'eveque ; 6  et  que  celui-ci  se  trouvera  dans  1'irnpossibilite  de 
pourvoir  au  salut  des  ames.  Et  cependant  ces  proprietes  ont  e"t^  donnees 
pour  cela.7  Get  ordre  peut  s'endetter,  et  pour  se  tirer  d'affaires  il 
faudra  qu'il  vende  et  proprietes  et  eglises.8  Toutes  ces  difficultes  ne  sont 
pas  de  chimeres.9 

.  .  .  \_F.  ll':~\  II  est  important  pour  les  dioceses  qui  se  forment,  ou  il 
y  a  des  ordres  religieux,  et  oil  les  moyens  que  j'ai  proposes  pourroient 
etre  adoptes,  que  la  Propagande  fasse  bien  attention  que  ces  ordres  ne 
regardent  comme  leur  bien  propre,  que  ce  qu'ils  aui ont  eux-rnemes  achete, 
ou  ce  qui  leur  aura  ete  donne  en  propre ;  mais  non  pas  les  proprietes  sur 
lesquelles  seroient  baties  des  eglises  pour  les  besoins  du  peuple,  ainsi  que 
les  revenus  qui  en  peuvent  provenir.10  Autrement  il  pourroit  arriver  que 
1'eveque  seroit  gene  dans  1'administration  de  son  diocese,  et  que  bien  sou- 
vent  il  ne  pourroit  point  remedier  aux  maux  qui  en  resulteroient. 

[F.  ]")J\  An  extensive  eulogy  of  the  Dames  flu  8acre  Coeur,  with  reference 
to  St.  Loin's,  etc. 

Georgetown  College  Transcripts,  1833-1826,  Etats-Unis  de  1'Amerique 
Septentrionale,  etc. ;  a  copy  from  the  Propaganda  Archives,  as  infra,  16  ff. — 
Propaganda  Archives,  Scritture  riferite  nei  congressi,  1823-1826,  America, 
vol.  8. 

5  This  seems  to  be  the  writer's  rendering  of  Marechal' s  policy,  regarded  from  that 
prelate's  point  of  view.     See  No.  135,  B-P. 

6  That  is  to  say,  not  being  salaried  by  regulars  in  the  diocese  of  Baltimore,  secular 
priests  must  go  to  Philadelphia,  New  York,  Boston,  etc.,  where  there  were  no  regulars 
nor  estates  to  salary  any  seculars  unto  the  discharge  of  diocesan  duties. 

1  Pour  cela:  "for  the  salvation  of  souls?"  The  implication  is  that  an  Order 
using  its  estates  in  the  service  of  souls,  and  manning  over  thirty  stations  or  churches  in 
a  diocese  at  its  oivn  expense  (No.  135,  K,  p.  565),  has  nothing  to  do  with  "  the  salvation 
of  souls,"  unless  it  salaries  the  diocesan  clergy.  Marechal  himself  had  claimed  only  a 
provision  pro  mensa  episcopali.  If  he  had  meant  what  this  ivriter  incites,  the  explana- 
tion suggested  for  a  certain  antithesis  noted  above  (No.  200,  E,  note  10)  would  have 
to  be  modified. 

8  On  what  circumstance  this  insinuation  of  people  selling  churches  is  based,  docs 
not  appear,  unless  it  be  the  fact,  alluded  to  by  Mgr.  Marechal  (No.  135,  A,  Prop.  13. 
p.  549),  that  Mgr.  Dubourg's  lay  creditors  sold  the  prelate's  cathedral,  house,  and 
academy  at  St.  Louis.  Cf.J.  G.  Shea,  History  of  the  Catholic  Church  in  the  U.S., 
iii.  384.  As  to  the  Jesuits,  the  only  church  so  far  alienated  was  old  St.  Peter's, 
Baltimore,  presented  by  them  to  the  new  cathedral  as  a  gift  necessary  for  completing  it . 
See  Nos.  93,  94. 

3  This  is  an  attestation  that  the  description  given  of  Corporation  proceedings  is 
conformable  to  the  facts.  But,  at  the  beginning  of  the  passage,  the  writer  expressly 
noted  that  all  projects  of  incorporation  were  "  impracticable."  Hence  the  gratuitous 
description  which  folloivs  of  proceedings,  imagined  to  result  from  an  impracticable 
supposition,  may  be  conformable  to  facts  chimerical  like  the  hypothesis.  Posito  absurdo 
scquitur  guodlibet. 

10  Pour  les  besoins  du  peuple.  Cf.  No.  218,  D,  E.  The  policy  advocated  here  was 
exemplified  in  the  case,  of  Upper  Marlborough.  See  Nos.  135,  O,  P  ;  139,  A,  note  4. 


APPENDIX 

ANALOGIES 

England,  Ireland,  and  Canada  have  been  referred  to  in  the  foregoing 
documents.  We.  append  a  brief  series  of  papers  to  explain  the 
references,  or  to  illustrate  some  of  the  salient  points. 

No.  220.  1814-1829. 

England :  the  interposition  of  Government.1  The  assumption  that 
the  consent  of  Government,  of  its  bureaus  or  its  ministers,  though 
non-Catholic  or  anti-Catholic,  must  be  obtained  for  the  canonical 
re-establishment  of  the  Jesuits  as  an  ecclesiastical  Order  of  the 
Catholic  Church,  was  imported  into  America  from  England? 
where  the  theory  had  been  devised  and  put  in  operation  with 
success.  After  many  vicissitudes,  with  rescripts  and  decrees 
issuing  from  Rome  in  contrary  senses,  the  Order  was  permanently 
set  on  its  right  ecclesiastical  footing  only  in  1S%9,  fifteen  years 
after  the  Bull  of  universal  restoration  had  been  published  ;  and 
even  then  the  Papal  declaration  was  put  in  the  form  of  a  mere 
permission  granted  the  Vicars  Apostolic  to  recognize  the  Jesuits 
in  the  ecclesiastical  forum,  for  all  spiritual  purposes.  The  real 
issue  had  never  been  other  than  ecclesiastical?  But  it  had  been 
made  to  wear  a  political  aspect. 

During  this  long  period  of  agitation,  the  English  Jesuits  looked 
repeatedly  to  America  as  a  place  of  asylum,  if  the  young  men  of 
the  Order  could  neither  obtain  ordination  in  England,  nor,  when 
ordained  in  other  countries,  receive  faculties  for  spiritual 
ministries  in  the  districts  of  the  Vicars  Apostolic.  Dr.  John 
Milner  of  the  Middle  District  was  the  only  prelate  who  would 
recognize  them.  Thus  the  English  Provincial,  Father  Nicholas 
Sewall,  wrote,  7  July,  18,1,1,  to  the  provincial  procurator,  Father 

1  Cf.  Nos.  187,  A,  note  12,  Tristram;  E,  note  29;  214,  H,  note  17. 
-  Cf.  No.  200,  E. 

3  Cf.  No.  214,  H,  note  17,  Gradwell's  accounts ;    lie  says  expressly  that  the  case 
was  one  about  acknowledging  the  Society  in  England,  quoad  forum  ecclesiasticum. 


1140      No.  220,  A.     THE  ENGLISH  GOVERNMENT,  1814-1829    [APPENDIX 

Edward  Scott,  about  some  twenty  youny  Jesuits  who  were  pre- 
paring for  the  priesthood  in  France  and  Italy,  some  of  whom, 
he  said,  we  should  be  happy  to  send  into  his  Lordship's 
(Dr.  Barnes')  district ;  but,  if  faculties  should  be  refused  them, 
because  they  are  Jesuits,  we  must  place  them  in  the  middle 
district  \Dr.  Milners],  or  send  them  to  America,  where  they 
are  much  wanted  and  called  for ;  and  Sewall  desired  Scott  to 
see  Dr.  Baines  on  the  subject*  This  was  just  two  months  after 
B.  Fenwick,  writing  from  Portobacco,  6  May,  1823,  had  informed 
the  General,  that  one  motive  for  transferring  the  novitiate  from 
Maryland,  to  Missouri,  had  been  the  obtaining  in  a  new  diocese 
an  asylum  where  the  Society  .  .  .  would  experience  no  inter- 
ruption, and  where  its  members  would  have  no  other  enemies 
to  encounter  but  such  as  are  equally  enemies  to  God  and  His 
holy  religion.5  Dr.  Baines,  at  this  time  hostile,  became  himself 
the  agent  subsequently,  in  1828—1839,  for  procuring  the 
ecclesiastical  recognition  of  the  Order  in  England,  notwithstand- 
ing the  opposition  of  his  colleagues  in  the  episcopate. 

A.  1814,  May  22. 

G.  Plowden,  32  May,  1814,  to  Father  Tristram.  The  difference  between 
one  Government  and  another  in  the  recognition  of  a  Pontifical  act. 

In  defending  Stonylmrst  against  the  attacks  made  in  Parliament  (prior 
to  the  general  restoration  of  the  Society,  8  Aug.,  1814),  special  notice  should 
be  taken  of  Sir  John  Hippesleijs  G  grounding  a  right  to  seize  this  property 
on  a  spiritual  sentence  of  the  H,  See  (the  dissolution  of  the  Society), 
though  we  all  disclaim  upon  oath  the  very  shadow  of  power  or  right  in 
the  Pope  to  meddle  with  temporal  concerns,  etc.  His  parity  from  Canada 
is  futile.  English  and  Irish  Jes'.s  were  never  employed  by  Gov'  to  educate 
youth,  to  propagate  Cath.  religion,  etc.,  as  they  were  in  Canada  and  in 
all  Cath.  countries.7  The  extinction  of  their  body  gave  a  pretext  to 
those  Govts,  which  were  arbitrary,  to  secure  the  property,  which  the 
public  or  the  Govern1  had  furnished  to  them,  for  the  persons  who  might 
succeed  them.  In  England,  the  nation  never  gave  them  anything  but 
dungeons  and  halters ;  they  were  merely  private  men,  etc.  .  .  . 

English  Province  Archives,  Letters  of  Fr.  Plowden,  ii.,  f.  11". 

4  English  Province  Archives,  Letters  of  Fr.  Stone,  Sewall,  Connell,  /.  203. 

5  No.  196,  E. 

6  In  the  letter  of  Kohlmann,  20  Dec.,  1S22,  to  the  General  (supra,  No.  183,  C),  this 
gentleman  is  mentioned  as  meddling  with  the  affair  of  the  Brief,  obtained  and  divulged 
'by  Mgr.  Marechal.     Cf.  No.  113,  Q,  p.  376,  Carroll's  reference  (1815)  to  the  same 
gentleman. 

7  Cf.  No.  146,  J,  ad  note  5,  T.  Talbot  and  Grassi,  on  governments,  meddlesome 
or  otherwise. 


APPENDIX]       No.  220.     THE  ENGLISH  GO  VERNMENT,  1814-1829         1141 

After  the,  public  and  universal  restoration  of  the  Society  (7  Aug.,  18 '14), 
there  issued  from  Rome,  between  1815  and  1829,  various  rescripts 
or  decrees,  which  were  different,  and  often  contradictor y  in  their 
import.     Card.  Litta,  Prefect  of  the  Propaganda,  recommended 
the  Jesuit  establishment  of  Stonyhurst  to  Bishop  Poynter,  but 
commended  prudence  in  the  face  of  the  Government  (3  Dec.,  1815). 
He  declared  to  Bishop  Gibson  that  the  English  Jesuits  were  fully 
regulars,  and  entitled  to  receive  ordination  as  such  (14  Feb.,  1818). 
Answering   a    remonstrance  formulated  by   three   of  the  four 
Vicars  Apostolic,  on  the  ground  of  political  apprehensions,  he 
cancelled   the  former  letter  which  was  to  be  considered  as  not 
having  been   written   (-3   May,  1818).     Card.  Delia   Somaglia, 
Pro-Prefect,  answered  a  petition  of  the  fourth  Vicar  Apostolic, 
Bishop  Milncr,  by  a  decree  of  the  Propaganda  that  the  Jesuits  of 
Stonyhurst 8    could   receive   ordination   as   regulars   from   any 
Catholic    bishop   (14   Dec.,   1818).     The    Vicars    Apostolic    in 
England  and    Scotland   (exclusive   of  Dr.  Milner)    complained 
to  the  Pope  of  this  last  decree  (cited  in  the  two  next  documents 
here  mentioned).     To  Dr.  Poynter,  who  had  seen  Lord  Sidmouth, 
Home  Secretary,  Card.  Consalvi  declared  that  the  foregoing  decree 
had  been  annulled  by  His  Holiness,  and  he  submitted  an  answer, 
for  communication  to  the  Minister,  that  the  Society  of  Jesus  was 
not  held  to  be  re-established  in  England,  "  since  the  Government 
objected  to   receiving  and  recalling  it  "  (18  Apr.,  1820}?      A 
Papal  Brief  of  the  same  purport  ivas  issued  under  the  same  date : 
Non  sine  inagno  (18  Apr.,  18'20}.™     On  the  basis  of  Consalvi  s 
letter,  three  of  the  Vicars  Apostolic  declared  that  they  could  not 
recognize  "  the  privileges   of  the  Jesuits   in  England ; "  Bishop 
Baines,  Coadjutor  in  the  Western  District,  put  his  signature  to 
the  declaration,  and  Dr.  Gradwell,  Rector  of  the  English  College 
in  JKome,  took  part  in  the  meeting  (1,  2  July,  1823}.     A  petition 
of  the  English  Provincial  to  the  Propaganda  was  ineffectual  with 
the  Sacred  Congregation  (1  Oct.,  18^7).   Bishops  Baincs,  Coadjutor, 
and    Collingridge,    Vicar   Apostolic   of    the    Western    District, 
petitioned  Pope  Leo  XII.  to  grant  the   Vicars  Apostolic  liberty 
in  recognizing  the  Jesuits  as  religious  (14  Aug.,  1828}.     Baines 
submitted  ivith   the  Petition  a  Memorial,   exhibiting   the  inner 
history  of  the  foregoing  transactions.     Pope  Leo  XII.  wrote  an 

8  On  the  status  of  Stonyhurst  earlier,  cf.  No.  150,  D-,  note  33 ;  F-,  note  37. 
p  Cf.  F.  C.  Husenbeth,  Life  of  B.  B.  John  Milnoc  (1S62),  p.  420. 
10  Cf.  Juris  Pontincii  dc  Propaganda  Fide  Pars  Prima,  iv.  584,  5S5. 


1142      No.  220,  B.     THE  ENGLISH  GOVERNMENT,  1814-1829    [APPENDIX 

autograph  answer  on  the  Petition  of  Baines,  granting  the  request 
{1  Jan.,  1829).  A  Papal  Brief  of  the  same  purport  was  issued 
on  the  same  day  (1  Jan.,  1829}. 

The  only  point  which  concerns  us  is  that  which  was  imported  into 
America  by  Mgr.  Marechal :  the  interposition  of  Government; 
the  origin  and  meaning  of  it,  as  explained  to  the  Pope  ~by  Bishop 
Baines. 

B.  1820,  April  18. 

Card.  Consalvi,  Secretary  of  State,  18  Apr.,  1820,  to  Dr.  W.  Poynter, 
Vicar  Apostolic  of  the  London  District.  Answer  for  communication  to  Lord 
Sidmouth,  whom  Poynter  has  seen  on  the  exclusion  of  the  Jesuits  from 
recognition  by  the  Government  Executive  (or  King  in  Council). 

Romae,  18  aprilis,  1820. 

ILLME  ET  RME  DNE 

Reverendus  Doininus  Robertus  Gradwell,  Collegii  hujus  Angli- 
can! Rector,  epistolam  Amplitudinis  Tuae,  die  14  elapsi  martii  datam, 
reddidit  mihi,  in  qua  Amplitude  Tua  noturu  mihi  facit,  Nobilissimum 
Dominum  Sidmouth,  Regis  Secretarium  primarium  pro  rebus  domesticis 
Regni,  ab  ea  enixe  quaesisse,  quid  tandem  factum  esset  de  illo  decreto, 
cujus  ipse  Minister  accuratam  notitiam  habuit  tribus  mensibus  antequam 
Episcopi  Vicarii  Apostolici  in  Anglia  (excepto  R.  D.  Milner)  vel  minimam 
ejusdem  decreti  suspicionein  habuerint.11  Addit  Amplitude  Tua,  sibi 
omnino  necessarium  esse,  Regiis  ministris  aperte  declarare,  utrum  decre- 
tum  illud  abrogatum  fuit  [!],  et  quo  loco  illi  qui  Institutum  Societatis 
Jesu  in  Anglia  amplecti  volunt  apud  Sanctam  Sedem  habeantur,  prae- 
sertim  post  declarationem  illam  authenticam  mentis  Magnae  Britanniae 
Regis,  Guberniique  sui,  circa  existentiam  Societatis  Jesu  in  Imperio 
Britannico,  quam  Amplitude  Tua,  mense  Aprilis  elapsi  anni,  ad  me 
transmisit. 

Quod  decretum  illud  spectat  de  quo  Amplitude  Tua,  caeterique 
Vicarii  Apostolici  in  Anglia  et  Scotia  (excepto  R.  D.  Milner)  litteris  ad 
Sanctissimum  Dominum  datis  conquesti  sunt,  ex  adjuncta  Sanctitatis 
Suae  responsione  intelliget  Amplitudo  Tua  supramemoratum  decretum 
abrogatum  plane  fuisse.  Non  est  ergo  cur  Amplitudinem  Tuam  longius 
hac  de  re  morer,  sed  alteri  quaestioni  ab  Eadem  factae  potius  satisfaciam. 

Declaratio  ilia  quam  Nobilissimus  vir  Sidmouth,  Regis  Secretarius 
primarius  pro  rebus  domesticis  Regni,  Amplitudini  Tuae  die  secunda 
aprilis  proxime  elapsi  anni  dedit,  scilicet,  "  Regem  (tune  temporis 
Principem  Regentem)  et  Gubernium  Britannicum,  ob  rationes  insuper- 
abiles  Societati  Jesuitarum  in  Anglia  restituendae  consentire  non  posse," 

11  The  decree  of  the  Propaganda,  Cum  compertum  fuerit,  14  Dec.,  1818,  obtained 
by  Bishop  Milner  in  favour  of  Stonyhnrst,  that  the  Jesuits  might  obtain  ordination  to 
the  priesthood  from  any  Catholic  bishop. 


APPENDIX]     No.  220,  C.     THE  ENGLISH  GOVERNMENT,  1814-1829      1143 

aperte  evincit  civilem  in  Anglia  Potestatein  Sociebati  Jesu  recipieudae 
aut  revocandae  minirne  consentire ;  autheutica  ilia  interpretatio  Consti- 
tutionis  Sanctissimi  D.  N.  Papae,  quae  incipit  "  Sollicitudo  omnium 
Ecclesiarum,"  quam  Eminentissimus  D.  Card.  Litta,  Sacrae  Congregati- 
unis  de  Propaganda  Fide  tune  Praefectus,  Amplitudini  Tuae  per  litteras 
2  Decembris  anni  1815  dedit,  nempe  meniorata  superius  Conetitutione 
"  Societatem  Jesu  restitutam  esse  in  universis  Orbis  provinoiis,  in  quibus 
civiles  Potestates  illam  recipere  aut  revocare  consenserint,"  omnem  plane 
dubilationem  de  medio  tollit,  atque  ex  ea  palam  tit,  Amplitudinein  Tuam 
jure  compertum  sibi  esse  affirmare,  Societatem  in  Anglia  nondum  esse 
restitutam. 

Review  and  explanation  of  antecedent  acts. 

Quare  Amplitude  Tua  Regiis  niinistris  poterib  declarare,  Societatem 
Jesu  in  Anglia,  cum  civilis  Potestas  eidem  recipiendae  ac  revocandae 
repugnet,  nondum  restitutam  censeri,  quamvis  generatim  ita  restituta 
sit,  ut,  si  Gubernium  illam  admittere  vellet,  opus  noii  esset  peculiar! 
Apostolica  concessione,  ut  eadem  Societas  in  Anglia  reciperetur. 

Haec  habui  quae  Sanctitatis  Suae  jussu  nianifestarem  Amplitudini 
Tuae,  cui  fausta  ac  felicia  omnia  in  Deo  Optimo  Maximo  deprecor. 

Arnplitudinis  Tuae 

Addictissimus  Servus, 

H.  Card.   CONSALVI. 

1111".0  e[t]  Rev.  DD.  Gulielniu  Poynter,  Episcopo  Halien.  et  Vic.  Ap. 
Londin. 

C.  1828,  August  14. 

Bishop  P.  A.  Baines,  Coadjutor  of  the  Vicar  Apostolic  Coll  ing  ridge,  in 
the  Western  District  of  England,  Subiaco,  14  Aug.,  1828 :  Memorial  to  the 
Pope,  accompanying  a  Petition  in  his  own  name  and  that  of  Collingridgc. 
A  history,  with  reflections  and  arguments  on  the  proceedings  heretofore, 
regarding  the  English  Jesuits. 

Excuses,  on  account  of  his  ill  health,  for  not  having  ft  vailed  himself  earlier 
of  the  Pope's  permission  to  submit  an  account  of  the  Jesuit  affair  in  England. 
The  ancient  hostility  to  the  Jesuits,  prior  to  the  Suppression  of  the  Order . 
The  new  era.  Stonyhurst ;  various  rescripts  concerning  the  English  Jesuits 
till  1814,  and  the  general  restoration. 

The  new  phase  of  the  opposition,  turning  on  the  clause  of  the  Bull, 
Sollicitudo,  about  the  consent  of  the  civil  powers  in  admitting  or  recalling  the 
Order:  Tuttavolta  di  tal  determinazione  della  Santa  Sede  poco  soddis- 
fatto  il  RT  Guglielmo  Poynter,  Vicario  Apostolico  del  Distretto  di 
Londra,  indirizz6  lettera  alia  Sagra  Cong'!0  di  Propaganda  Fide,  di  cui 
ignoro  il  contenuto,  ma  che  sembra  occuparsi  delle  solite  obbiezioni,  delle 
quali  di  continue  servivasi,  della  opposizione,  cioe,  del  Governo  Inglese 
contro  i  Gesuiti,  degli  ostacoli  che  potra  la  loro  esistenza  frapporre  alia 


1144     No.  220,  C.     THE  ENGLISH  GO VERNMENT,  1814-1829     [APPENDIX 

ernancipazione  cle'Cattolici,  ed  altre  di  simil  conio.1"  L'Em?  Cardinal  Litta, 
Prefetto  della  S?  Cong".e  di  Propaganda,  in  data  dei  2.  Diceinbre  1815, 
indirizzo  una  risposta  alia  lettera  suddetta,  in  cui  fa  sapere  al  Vescovo : 
"  Societatem  a  Sanctissimo  D".°  Nr.°  restitutam  fuisse  in  universis  Orbis 
provinciis,  in  quibus  Civiles  potestates  illaru  recipere  ac  revocare  con- 
senserint,"  esorbando  al  tempo  stesso  di  far  tutto  il  possibile  per  procurare 
il  ristabilimento  in  Inghilterra. 

Questa  lettera  fu  un  trionfo  per  nemici  dei  Gesuiti,  ai  quali  piacque 
per  essa  provare  la  non  ripristinazione  della  loro  Comp?  in  Inghilterra 
per  rnancanza  dell'adesione  formale  del  Governo  al  di  loro  richiamo. 
Ond'e,  che  il  Rn!°  Guglielmo  Gibson  nel  suo  settentrionale  Distretto,  ov'e 
situato  il  Coll0  di  Stonyhurst,  richiesto,  rifiuto  di  ordinare  ad  titulum 
paupertatis  alcuni  giovani  Professi  della  Comp?  tuttoche  da  Pio  VII. 
quattro  anni  innanzi  ripristinata.13 

Card.  Litta's  notification,  14  Feb.,  1818,  to  the  said  Bishop  Gibson,  that 
the  Society  in  England  was  a  legitimate  regular  body,  and  its  members  had 
the  same  riyht  as  those  of  other  Orders  to  be  ordained  as  regulars.  Recall 
of  this  letter,  three  months  later,  on  a  remonstrance  being  forwarded  by  some 
of  the  bishops.  The  decree  of  the  Propaganda,  14  Dec1.,  1818,  making 
Stonyhurst  a  Pontifical  College,  so  that  its  members  can  be  ordained  by  any 
bishop,  without  dimissorials  from  the  Vicar  Apostolic  in  ivhose  district  it  lay.u 
Annulling  of  this  decree  by  the  Brief,  18  Apr.,  1820,  in  answer  to  a  protest 
from  the  bishops. 

The  secret  negotiations  of  Dr.  Poynter  with  Lord  Sid  mouth,  "a  declared 
enemy  of  the  Catholics;"  and  the  letter  of  Card.  Consalvi,  written  in 
consequence,  as  well  as  the  Brief  issued  the  same  day  (18  Apr.,  1820)  :  Ma, 
conie  che  dl.°  Breve  nonostante  che  il  nome  ven.  portasse  di  Pio  VII. 
uiuna  affatto  relazione  aveva  con  la  Costituzione  Sollicitudo,  e  persistendo 
i  Gesuiti  a  cousiderarsi  qua!  legittima  Corporazione  Religiosa,  il  R"."J 
Guglielmo  Poynter,  che  per  esperienza  couosceva  molto  bene  quale  avesse 
a  quel  tempo  influenza  in  Roma  il  nome  del  Governo  Inglese,  portossi 
segretaniente  dal  Ministro  di  Stato,  dichiarato  nemico  de'  Cattolici,  per  da 
lui  conoscere  se  egli  e  i  suoi  colleghi  condisceso  avrebbero  al  ristabUirnento 
in  Inghilterra  della  Comp?  di  Gesu,  dichiarandogli,  che  il  semplice  rifiuto 
sarebbe  stato  1'ostacolo  pel  tempo  anche  avvenire  alia  rid'!1  ripristinazione. 

12  Cf.  No.  178,  X2,  ad  note  116  ;  Carroll  and  Plowden  on  this  traditional  "  coinage." 

13  Cf.  No.  170,  K,  note  22,  Carroll  on  the  relations  between  Gibson  and  Stonyhurst. 
11  Father  Thomas  Glover  explains  the  meaning  of  this  measure  :  It  appears  from 

Fr.  C.  Plowden's  letters  that  about  December,  1819,  Cardinal  Fontana  proposed 
other  difficulties.  He  thought  it  right  that  Ours  should  receive  Holy  Orders  as 
Regulars,  but  not  that  our  Superior  at  Stonyhurst  should  present  alumni  who  are 
secular  priests.  In  this  the  Cardinal  was  perfectly  in  order  ;  and  the  answer  given 
was  that,  if  his  Eminence  would  only  engage  the  three  Vicars  Apostolic  to  ordain 
Ours  titulo  paupertatis,  we  should  be  content.  But  it  was  precisely  the  suspension 
of  this  right,  by  the  revocation  of  Card.  Litta's  letter  of  14  Feb.,  1818,  which  had 
constrained  us  to  revert  to  the  ancient  constitution  of  Stonyhurst  as  a  Pontifical 
missionary  seminary.  (Stonyhurst  MSS.,  B,  i.,  15,  Fr.  Glover's  Collection,  etc., p.  190.) 
Cf.  No.  150,  D-,  note  33. 


APPENDIX]     No.  220,  C.     THE  ENGLISH  GOVERNMENT,  1814-1829     1145 

La  risposba  non  e  da  indovinarsi ;  ella  fu  quale  doveva  necessariamente 
attendersi,  che,  cioe,  il  Governo  non  potea  acconsentirvi.  La  stessa 
sarebbe  certain4?,  se  si  fosse  richiesto  lo  stabilimento  di  Vicarj  Appl!ci. 

Rimise  tosto  con  ogni  premura  il  Vescovo  un  tale  informo  all'Em0. 
Card.  Consalvi,  con  aggiunger  di  piu  premure  anche  maggiori  per  solle- 
citare  una  risposta,  che  communicar  potesse  ai  Regii  Ministri. 
Answer  of  Consalvi  in  the  sense  indicated.™ 

Perplexity  of  the  bishops  who  were  not  in  the  secret :  Maraviglia  non 
sia,  se  gli  altri  Vicarj  Apostolici,  i  quali  ignoravano  il  segreto  maneggio 
del  loro  Collega,  fossero  tantora  perplessi  nel  decidersi,  come  regolarsi  fra 
tante  e  cosi  opposte  decisioni. 

Meeting  of  the  bishops  (Milner  excepted).  Representations  of  Poynter 
and  Gradwell,  especially  with  respect  to  the  binding  force  of  Consalvi' s  letter 
on  all  the  English  Vicars  Apostolic,  ioho  ought  to  form  their  judgment  in 
accordance  therewith.  Declaration  of  all  present  that  the;/  could  not  "  re- 
cognize the  privileges  of  the  Jesuits,  until  they  received  further  authorizations 
from  the  Holy  See." 

The  demand  of  some  among  the  bishops  for  authentic  copies  of  the  docu- 
ments on  which  the  foregoing  declaration  was  based.  Gradwell  commissioned 
to  print  such  documents  in  Rome,  and  send  copies  to  the  bishops  in  England.11'' 
Dr.  Baines  submits  herewith  a  copy  for  his  Holiness,  adding  some  points  and 
corrections  with  his  pen.  The  suspicion  which  arose  in  the  minds  of  some 
bishops  on  examining  the  said  collection  of  "  Documents,"  and  their  conviction 
that  they  had  followed  too  blindly  the  lead  of  Dr.  Poynter  and  Dr.  Gradwell. 
The  letter  of  Card.  Consalvi  did  not  concern  the  Vicars  Apostolic  in  England, 
and  that  for  a  number  of  reasons  :  Nell'esaminare  cotesti  Document!  (quali 
essi  sono  imperfetti  e  conf usi)  nacque  in  alcuni  fra  i  Vescovi  un  qualche 
sospetto  sulla  verita  e  giustezza  dei  da  loro  gia  formati  giudizi,  e  viddero 
chiaro  di  aver  troppo  presto  fidati  alle  assertive  del  Yic?  Appli.co  di  Londra, 
e  del  citato  Rettore  Gradwell.  Pareva  loro  che  la  sucennata  lettera  del- 
1'Em?  Consalvi  considerarsi  affatto  non  dovesse  qual  Rescritto  della  Santa 
Sede,  che  tutti  obbligasse  i  Vicarj  Ap"1!"1  in  Inghilterra,  e  ci6  per  le 
seguenti  ragioni. 

Fo-ur  reasons  expounded  at  length  :  1.  It  was  a  personal  letter  to  Poynter, 
for  communication,  not  to  the  Vicars  Apostolic,  but  to  the  Crown  Ministers  ; 
2.  It  was  a  "political  note"  from  the  Secretary  of  State,  not  a  rescript  from 
the  Propaganda  ;  3.  It  related  to  "  a  civil  and  legal  restoration,"  not  to  the 
spiritual  and  canonical  re-establishment,  clearly  and  expressly  settled  by  the 
Bull,  Sollicitudo  ;  and  necessarily  so,  since  otherwise  religious  professions 
made  in  virtue  of  the  Bull  ivould  have  to  be  considered  as  nullified  by  the 
secular  English  Government;  and  the  Jesuits  of  France  would  not  be  Jesuits 
at  all,  for  want  of  the  civil  power's  consent ;  and  the  bishops  of  France  and 

15  Supra,  B. 

16  C/.  No.  214,  Hy  note  17,  Gradiuell's  Documenta  ad  missionem  catholicam  in 
Anglia  spectantia. 

VOL.   I.  4   E 


1146     No.  220,  D.     THE  ENGLISH  GO  VERNMENT,  1814-1829     [APPENDIX 

Ireland 17  would  liave  misunderstood  the  Bull,  Sollicitudo,  and  would  have 
given  occasion  to  numerous  acts  of  ecclesiastical  irregularity  and  of  invalidity 
in  the  exercise  of  jurisdiction. 

4.  Finally,  the  error  into  which  his  Eminence  the  Cardinal  Secretary  of 
State  had  been  led,  by  being  made  to  suppose  that  the  Executive  in  England 
was  the  Legislature.  Noiu  the  Legislature  by  an  Act  of  Parliament  in  1777 
had  expressly  recognized  and  exempted  from  the  operation  of  some  laics 
"  (Catholic)  Bishops,  Priests,  and  Jesuits  ;  "  and  again  in  1790  had  expressly 
declared  that  no  one  should  be  brought  into  court  on  the  charge  of  "  belonging 
to  any  ecclesiastical  Order  or  Community  of  the  Roman  Church."  Neither  of 
these  laws  can  the  King  or  his  Ministers  infringe  upon  or  abrogate.  In  fact, 
the  Jesuits  and  their  colleges  exist  publicly  in  England  and  in  Ireland,  and 
have  been  frequently  mentioned  in  Parliament,  "  ivithout  the  least  intimation 
that  their  persons  or  establishments  were  forbidden  by  the  laivs,  or  could  be 
disturbed  by  the  Executive." 

Conclusions :  the  letter  of  Consalvi  was  for  Poynter  alone  ;  it  did  not 
touch  the  spiritual  and  canonical  existence  of  the  Jesuits  in  England,  where 
"the  Society  is  as  fully  re-established,  in  point  of  spiritual  and  canonical 
effects,  as  it  is  in  France,  in  Ireland,  and  in  the  States  of  Your  Holiness." 

The  policy  now  to  be  adopted  by  the  Holy  See.  The  suggestion  is  respect- 
fully made  that  there  be  formulated  no  more  decrees ;  but  that  the  Vicars 
Apostolic  of  England  be  informed  of  their  liberty  "  to  recognize  the  privileges 
of  the  Jesuits  in  England."  Advantages  of  this  plan. 

Hereunto  is  attached  a  formal  Petition,  ivhich  Dr.  Baines  presents  to  His 
Holiness,  "in  the  name  also"  of  the  Vicar  Apostolic,  Collingridge,  whose 
Coadjutor  he  is. 

Ad  majorem  Dei  gloriam, 

D.  PIETRO  AGOSTINO  BAINES, 

Vescovo  di  Siga,  Coadj.  del  Vic°  Aplc.0, 

Distretto  Occidentale  d'Inghilterra. 

Subiaco,  li  14  Agosto,  1828 

D.  (1828,  August  14.) 

Bishops  Baines  and  Collingridge  (14  Aug.,  1828):  Petition  to  the  Pope, 
in  the  sense  of  the  suggestion  at  the  close  of  the,  foregoing  Memorial. 

The  request  is  made  that  the  Bull,  Sollicitudo,  be  simply  declared  to  be  in 
force  for  England,  as  to  its  spiritual  and  canonical  effects,  quoad  omnes  effectus 
spirituales  et  canonicos,  ita  ut  singulis  Vicariis  Apostolicis  liceat  ejusderu 
Societatis  alumnos  in  Anglia  seu  alibi  professos  ad  ordines  sacros  titulo 
religiosae  paupertatis  promovere,  caeterisque  privilegiis  spiritualibus  et 
canonicis  gaudere  permittere,  quibus  reliqui  ordines  religiosi  ibidem 
gaudent,  supradictis  litteris  caeterisque  quibuscumque  non  obstantibus. 

Quare,  etc.  (Seal.} 

17  The  Voto  of  Card.  Pacca  (infra,  F)  adverts  to  the  fact  that  "29  Irish  bishops," 
besides  Mgr.  Milner  in  England,  recognized  the  Jesuits. 


APPENDIX]    No.  220,  E-H.    THE  ENGLISH  GOVERNMENT,  1814-1829     1147 

E.  (1828.) 

Opinion  of  Card.  Castiglione  1S  (1838),  on  tlte  foregoing  Memorial  and 
Petition.  In  a  negative  sense,  against  granting  the  Petition. 

A  review  of  decrees  or  rescripts  against  recognizing  "  the  privileges"  of 
the  Jesuits.  Disapproval  of  the  strictures  passed  in  the  Memorial  on  Dr. 
Poynter's  proceedings.  An  urgent  claim  to  bring  the  whole  matter  again 
before  the  Propaganda,  with  reference  again  to  the  English  bishops. 

P.  (1828.) 

Opinion  of  Card.  Pacca  19  (1828)  on  the  foregoing  document,  regarding 
the  Petition  and  Memorial  of  Bishop)  Baines. 

The  want  of  acquaintance  with  the  ivhole  state  of  the  question,  as  mani- 
fested in  the  Opinion  under  review.  Rehearsal  of  the  case  on  its  merits. 
Rectification  of  the  fundamental  error,  in  supposing  that  "particular  privi- 
leges" were  at  all  in  question.  The  right  of  religious  to  be  ordained  as 
religious  ( and  not  as  secular  priests')  is  not  a  particular  privilege,  but  is  an 
essential  part  of  their  state :  ripetendo  non  potersi  chiamare  Privilegj 
1'ordina/ione  titulo  paupertatis,  poiche  forma  essa  una  parte  esseuzialc  del 
loro  stato  di  Chierici  Regolari.  .  .  . 

G.  1829,  January  1. 

Decision  of  Pope  Leo  XII.,  1  Jan.,  1829  ;  a  long  formula  written  with  his 
own  hand,  as  an  endorsement  on  the  Petition  of  Baines  and  Collingridgi'. 
Granting  the  Petition,  and  declaring  the  meaning  of  the  Constitution,  Solli- 
citudo. 

.  .  .  Datum  Romae  ad  Vaticanum. 

LEO  P.  P.  XII. 

Die  prima  anni  1829. 

Witness  of  the  undersigned  that  the  endorsement  on  the  original  is  the 
Pope's  autograph,  and  that  the  copy  is  faithful. 

.  .  .  (ni.p.)     C.  Card.  GUERIUERI  GONZAGA. 
Pro  D.  Pietro  A.  Baines,  Ep?  Sigensi. 

H.  1829,  January  1. 

Brief  of  Leo.  XII.,  Intelleximus,  Ven.  Fratres,  1  Jan.,  1829,  to  the 
Vicars  Apostolic  in  England. 

The  Pope  declares  to  them  that  the  Society  of  Jesus  exists  legitimately  in 
England,  quoad  forum  ecclesiasticum,  according  to  the  tenor  of  the  Bull, 

18  A  Voto  or  opinion  drawn  up  by  an  uditorc,  or  some  one  else,  and  adopted  by  the 
Cardinal.     Gradioell  had  just  gone  to  England  as  Coadjutor  to  BisJwp  Bramston  of  the 
London  District. 

19  Said  to  have  been  written  by  Father  Thomas  Glover,  S.J.,  who  had  been  sent  to 
Rome  from  England  for  these  affairs  of  tlie  English  Province;  the  Opinion  being  then 
adopted  by  Card.  Pacca  as  his  Voto. 


1148        No.  221.    IRISH  PROPERTY  QUESTION,   1776-1816      [APPENDIX 

Sollicitudo  ;  and,  as  far  as  is  necessary,  herewith  ratifies  and  publishes  the 
same  to  them. 

General  Archives  S.J.,  AngL,  11,  torn.  1,  v.  Consalvi,  18  Apr.,  1820,  to 
Poynter  ;  a  copy.  Ibid.,  AngL,  12,  iv.,  Baines'  Memorial,  Subiaco,  14  Aug., 
1828;  several  copies.  Ibid.,  Baines'  Petition,  (14  Aug.,  1828);  f.  2",  the 
Pope's  endorsement  ;  a  copy  authenticated  and  sealed.  Ibid.,  the  Voto  of  Card. 
Castiglione  and  that  of  Card.  Pacca  ;  several  copies  of  each.  Ibid.,  Papal 
Brief,  Intelleximus,  Ven.  Fratres,  1  Jan.,  1829.  —  English  Province  Archives, 
MSS.,  iii.  Restoration,  etc.,  ff.  216V,  217,  Consalvi,  18  Apr.,  1820,  to  Poynter; 
with  Poynter'  s  ansiver.  —  -Of.  Stonyhurst  MSS.,  B,  i.  15,  Fr.  Glover's  Collection, 
etc.,  p.  202  bis,  seq. 

On  the  merits  of  this  agitation,  maintained  in  England  by  the 
appeal  to  Lord  Sidmouth,  "  a  declared  enemy  of  the  Catholics  " 
as  Bishop  Baines  described  that  Minister,  a  reflection  of  Mgr. 
Mareclial  on  another  matter  is  a  sufficient  commentary  :  Num- 
quid  licitum  erit  viris  religiosis,  qui  in  variis  mundi  partibus 
vivunt,  antequam  obediant  sancto  Pontifici,  sententiam  exquirere 
advocatorum,  Turcarum  imo  infidelium  ?  20 

As  to  the  importation  of  such  an  issue  into  America,  and  the  assump- 
tion that  the  United  States  Government,  by  consent  or  dissent, 
could  interfere  with  the  operation  of  the  Bull,  Sollicitudo,  which 
reinstated  the  Society  of  Jesus,  it  suffices  to  recite  the  opinion  of 
Judge  R.  B.  Taney,  as  forwarded  by  Mgr.  Marechal  to  the  Propa- 
ganda :21  His  Holiness  the  Pope  may,  according  to  the  laws  of 
this  country,  exercise  his  spiritual  power  in  the  most  ample 
and  unreserved  manner  over  the  members  of  the  Eoman 
Catholic  Church,  who  are  citizens  of  this  country. 

No.  221.  1776-1816. 

Ireland  :  analogy  with  the  Maryland  property  question.  At  the 
moment  of  the  Suppression,1  the  property  of  the  ancient  Jesuit 
Mission  in  Ireland  consisted  of  funds,  some  of  which,  originally 
vested  in  France,  were  a  residue  saved  from  the  general  wreck  of 
Jesuit  property  in  that  country,  on  the  expulsion  of  the  Order  in 
The  last  Superior,  Father  John  Ward,  dying  12  Oct., 


20  No.  124,  C,  p.  491. 
11  No.  207,  O. 

1  An  authenticated  copy  of  the  Irish  Jesuits'  act  of  submission  to  the  Brief,  with 
ten  names  appended,  was  forwarded,  28  Apr.,  1774,  by  John  Carpenter,  Archbishop  of 
Dublin  and  Primate,  to  the  Propaganda.    He  added  tlie  names  of  two  others  who  had 
signed  a  similar  declaration.     In  a  note  appended  he  speaks  of  these  (twelve)  as  being 
the  entire  body.     (Propaganda  Archives,  Scritture  risguardanti  1'esecuzione  del  Breve 
di  Soppressione,  etc.,  as  infra,  p.  1154  ;  /.  99,  104  ;   authenticated  copy  and  note, 
addressed  :  To  Mr.  Thomas  Maria  Ghilini,  Brussels.) 

2  Father  Alexander  Crookshanks,  S.J.,  secured  this  partial  salvage  from  the  wreck 
for  Ireland.    He  belonged  to  the  Scotch  Mission.     But  certain  letters  of  his  to  the 
General  are  endorsed  :  Parisiis,  1760.     P.  Crookshanks,  Proc.  Prov.  Angliae.    (General 
Archives  S.J.,  Anglia,  Historia,  vi.  p.  784.) 


APPENDIX]     No.  221,  A.     IRISH  PROPERTY  Q UESTIO A',   1776-1816       1149 

1775,  made  over  the  total  assets  in  trust  to  Father  John  Fidlam. 
The  measures  then  taken  to  preserve  the  property  for  the  Society 
at  its  revival,  "  Societas  resurrectura"  or  else  for  the  service  of 
the  Church  in  Ireland,  are  shown  in  the  follovrinrj  si-etch  of 
documents. 

Abstract  of  documents. 
A.  1776-1807. 

In  1776,  a  deputation  representing  some  fifteen  surviving  ex-Jesuits  passed 
a  series  of  eight  fundamental  resolutions,  ivith regard  to  the  ultimate  devolu- 
tion of  the  property,  the  interest  of  which  should  be  used  to  support  the 
survivors  of  the  ancient  body.  Tin-  capital  should  return  to  the  hands  of  the 
Society  when  restored.  But,  if  there  appeared  no  immediate  prospect  of  a 
restoration  when  the  surviving  members  were  reduced  to  three  in  number,  the 
funds  were  then  to  be  laid  out  in  a  wanner  most  conducive  to  the  spiritual 
advantage  of  the  Church  in  Ireland.  An  ample,  proi-iso,  N.B.,  at  the  end  of 
the  resolutions  declared  that,  if  any  of  the  above  articles  should  iu  any 
way  clash  with  the  spirit  or  the  letter  of  the  Brief  whereby  the  late 
Society  was  suppressed,  it  be  looked  on  as  null  and  void ;  the  said 
members  seeking  only  to  secure  to  themselves  what  said  Brief  allows, 
a  sufficient  annuity  for  life,  which  in  the  present  state  of  things  in  this 
Kingdom  could  not  be  secured  to  them  by  any  other  means ;  nothing 
being  otherwise  more  foreign  to  the  hearts  of  said  members  than  any 
disobedience  to  said  Brief,  or  any  other  legal  decree  issuing  from  so  great 
an  authority. 

Fidlam,  receiving  personal  bequests  and  donations  from  friends,  destined 
them  for  the  reinforcement  of  the  Jesuit  trust  funds  ;  all  together,  at  his  death 
in  1703,  amounting  to  £8650,  and  yielding  an  average  interest  of  £324. 
As  to  his  private  property,  which  he  left  in  trust  with  his  sister,  Miss  Catherine 
Fidlam,  he  limited  the  use  of  the  interest  to  the  service  of  the  Jesuit  novitiate 
in  White  Russia  and  of  the  English  ex-Jesuits'  Academy  at  Liege  for  the 
purpose  of  educating  missionaries,  natives  of  Ireland,  and  to  be  employed 
in  this  country.  After  twenty  years  this  private  property  should  devolve  to 
the  executors  of  the  Jesuit  trust,  who,  if  the  Society  were  not  reviving,  should 
devote  it  to  the  education  of  ecclesiastics  for  Ireland.  In  the  choice  of 
beneficiaries,  preference  should  be  given  to  natives  of  those  places,  where  old, 
Jesuit  residences  had  existed.  As  to  the  trustees  for  the  Jesuit  property,  lie 
named  them  in  the  persons  of  Fathers  Richard,  Callaghan  and  Power. 

In  1 793,  the  survivors,  now  only  five  in  number,  resolved  that,  as  soon  as  only 
three  of  them  remained,  and  there  was  still  no  proximate  hope  of  the  Society's 
restoration,  they  would  consult  some  of  the  Irish  bishops,  and  take  competent 
legal  advice,  to  determine  in  what  manner  they  could  best  secure  the  reversion 
of  the  property  after  it  had  reached  the  last  survivor,  and  settle  it  for  the 
purpose  of  endowing  or  adding  to  the  endowment  of  some  school  or  college 
for  the  education  of  secular  priests  to  serve  on  this  Mission. 


1150       No.  221,  A.    IRISH  PROPERTY  QUESTIO A7,  1776-1816    [APPENDIX 

In  1 796,  Miss  Catherine  Fullam  died,  transferring  to  Richard  Callayhan 
the  private  property  intended  for  the  ex- Jesuits,  and  also  what  her  brother 
had  left  to  herself;  this  latter  bequest,  says  Callayhan,  more  than  doubled  the 
funds.  The  total  assets  must  then  have  been  over  £1 7,000. 

In  1800,  only  three  of  the  ex-Jesuits  survived.  But,  7  Mar.,  1801,  the 
Holy  See  officially  recognized  the  Society  of  Jesus  in  Russia.  On  June  6 
of  the  same  year,  O'Callayhan,  sole  trustee  of  the  property,  placed  in  the 
episcopal  seminary  of  Carlow  the  first  Irish  candidates  for  the  Society  now 
reviving.  These  were  Peter  Kenney,  subsequently  known  in  Maryland, 
Kavanaijh,  Yore,  Ferley.  Other  aspirants  were  added  later.  On  Jan.  1, 
1803,  Father  William  Strickland,  English  procurator  in  London,  reported  to 
Father  Marmaduke  Stone,  president  of  Stonyhurst,  the  name  of  Richard 
Callayhan  in  a  list  of  twelve  applicants  for  aggregation  to  the  Russian 
Province:  Ric.  Callaghan,  natus  1728,  admis.  1753,  prof.  1771.  On 
May  19,  1803,  Father  Marmaduke  Stone  entered  on  the  office  of  Provincial 
for  the  internal  government  of  the  new  English  Province,  which  as  yet  was 
only  privately  restored,  in  for o  interno.  The  young  Irish  candidates  for  the 
Society,  Kenney,  Ryan,  Considine,  Kavanagh,  Yore,  commenced  their  novitiate 
under  Father  Charles  Plowden  at  Rodder,  Stonyhurst ;  and,  under  the 
heading,  Rev.  M[r.]  Callaghan's  Eleves  or  Irish  Juniors,  an  old  Stonyhurst 
ledger  contains  the  fragments  of  accounts,  1804-1807,  for  some  of  those 
mentioned  already,  and  for  others. 

By  the  will  of  Callaghan  who  died  15  June,  1807,  leaving  only  one 
survivor,  Father  Thomas  Betayh,  of  the  ancient  Irish  Mission,  all  the  property 
for  the  use  of  the  Irish  Jesuits  in  the  revived  Society  was  vested  in  the  name 
of  Stone,  president  of  Stonyhurst.  Owing  to  the  fall  of  lives,  as  well  as  to 
the  fidelity  and  economy  of  the  survivors,  the  trust  had  mounted  to  £32,460. 

Irish  Province  Archives  S.J.,  Memoirs  of  the  Suppression  and  Restoration 
of  the  Society  of  Jesus  in  Ireland  (containing  the  resolutions,  etc.,  of  the  ex- 
Jesuits),  by  Father  Patrick  Bracken,  S.J.  (ob.  1867);  copy  of  Rev.  E.  Hogan, 
S.J.  Ibid.,  the  same  published  with  additional  observations  in  Memorials  of 
the  Irish  Province  S.J.,  i.  133-150,  187-204.— English  Province  Archives,  Fr. 
Strickland's  Letters,  /.  122,  123,  Strickland,  1  Jan.,  1803,  to  Stone.— Stony- 
hurst  College  MSS.,  MS.  B,  Hi.,  15,  No.  71,  J.  Mattingley,  Dublin,  10  July, 
1805,  to  T.  Wright  and  Co.,  London  ;  D.  La  Touche  &  Co.,  Dublin,  11  July, 
1805,  receipt.  Ibid.,  No.  81,  C.  Wright,  Stonyhurst,  20  June,  1807,  to  T. 
Wright,  London,  on  the  Callaghan  trust,  on  La  Touche,  etc. ;  C.  Wright  2 
Aug.,  1807,  to  T.  Wright  <fi  Co.;  T.  Wright  &  Co.,  4  Aug.,  1807,  to  C.  Wright, 
declaration  of  trust.  Ibid.,  unmarked  ledger,  an  old  SJiircburn  account-book: 
The  Booke  of  Contracts  with  Tenants,  from  May  Day,  An  :  D1.1'.,  1690,  used  as 
a  Stonyhurst  College  ledger;  ff.  450,  451:  1806,  1807,  Bev-J  M.  Callaghan's 
Eleves ;  farther  on  :  Irish  Juniors,  1804,  Nov.  24,  sec[. 

Bishop  Carroll,  in  a  document  quoted  above*  and  in  several  others 
which  have  not  entered  into  this  series,  discussed  with  Fathers  C. 
Plowden  and  Strickland  the  interposition  of  Dr.  Troy,  Archbishop 
of  Dublin,  in  the  affair  of  Callaghan  s  bequest  to  Stone.  In  other 

*  No.  178,  V. 


APPENDIX]     M>.  221,  B.     IRISH  PROPERTY  QUESTION,  1776-1816      1151 

documents,  Father  Thomas  Bctayli,  the  sole  survivor  of  the  ancient 
Irish  Mission,  appeared  to  manifest  lut  little  sympathy  with  the 
English  Fathers,  and  apparently  no  satisfaction  at  the  English 
investment  of  the  trust,  as  made  by  the  late  Father  Callaghan. 
As  to  Dr.  Troy,  his  correspondence  with  the  Propaganda  on  the 
subject  begins  in  the  archives,  23  Mar.,  1807 ;  and  a  series  of 
documents  which  follows  is  not  exhausted  till  29  Apr.,  1810. 
TJicrc  was  a  misconception  at  the  origin ;  and  this,  as  the 
documents  proceed  from  different  hands,  develops  into  a  quantity 
of  errors  on  the  ex-Jesuit  proceedings ;  'until  the  first  letter, 
tvhich  is  also  the  last  from  the  other  party,  Marmadulce  Stone, 
president  of  Stonyhurst,  sets  the  question  on  its  original  basis, 
corrects  some  of  the  principal  assumptions  without  going  into  any 
minute  history  of  the  past,  and  closes  the  incident. 

Abstract  of  documents  and  correspondence. 
B.  1807-1816. 

Dr.  Troy,  ivho  lias  no  copy  of  the  original  resolutions  passed  by  the 
ex- Jesuits  in  1776,  infers  from  the  action  taken  in  1793,  that,  in  the  event  of 
the  Society  not  beiny  restored,  three  or  four  Irish  bisho2JS,  himself  among 
them,  shonld  have  been  named  "fiduciary  heirs,"  as  soon  as  the  number  of 
ex-Jesuit  survivors  ivas  reduced  to  three.  Card.  Boryia,,  Prefect  of  the 
Propaganda,  had  informed  Troy  himself,  24  Feb.,  1804,  that  the  Society  teas 
not  restored,  outside  of  Russia.4  He  beys  the  intervention  of  the  Propaganda, 
to  secure  by  effective  spiritual  measures,  the  proper  devolution  of  the  trust  to 
the  Irish  bishops,  and  to  prevent  its  beinij  diverted  to  the  use  of  "  Russian 
Jesuits  or  others."  But  the  matter  should  not  be  made  public  by  recourse  to 
any  forensic  acts  ;  or  the  property  would  be  lost  to  all  purposes  of  reliyion. 
A  letter  of  the  Propaganda  to  Father  Stone  makes  no  mention  of  spiritual 
measures  to  be  taken,  but  demands  an  explanation.  Some  correspondence 
here  followed  between  Troy  and  Stone,  with  no  other  result,  as  the  archbishop 
informs  the  Propaganda,  than  that  Stone  expressed  his  surprise  at  the  nego- 
tiations which  were  thus  broached.  In  a  letter  to  Father  Concanen,  for  the 
latter  to  Jay  before  the  Sacred  Congregation,  Troy  makes  the  statement  that 
the  sum  of  money  left  by  Callayhan  "  belonged  exclusively  to  the  same  Irish 
ex- Jesuits ;  and  no  part  of  the  said  funds  pertained  to  any  college  or  any 
other  person  ;  "  and,  though  he  has  no  document  on  the  subject,  Dr.  Carpenter, 
his  predecessor  in  the  See  of  Dublin,  intimated  to  the  Jesuits  at  the  moment 
of  the  Suppression,  thnt  he  expected  the  reversion  of  all  their  funds  for  the. 
benefit  of  Ireland,  if  the  Society  were  not  "  canonical! y  "  restored  in  that 

4  See  supra,  No.  178,  note  6,  the  very  different  complexion  of  the  Society's  revival 
with  the  pmvcr  of  aggregation,  as  explained  by  Card.  Consalvi,  Secretary  of  State, 
2  July,  1S02 


1152      No.  221,  B.     IRISH  PROPERTY  QUESTIO N,  1776-1816    [APPENDIX 

country  at  the  death  of  the   last  survivor.      The  foregoing  documents  and 
correspondence  belong  to  the  year  1807  and  the  early  part  of  1808. 5 

In  the  latter  part  of  the  same  year,  1808,  the  chief  documents  on  the 
affair  of  the  Irish  fund  are  letters  and  drafts  for  the  use  of  the  Propaganda, 
drawn  up  by  Concanen  at  Florence,  and  by  the  Abbate  Lorenzo  Agostini.  The 
only  point  of  interest  is  that  the  character  of  the  transaction  between  Callaghan 
and  Stone  undergoes  such  modifications  in  these  attempts  to  treat  it,  that  it 
can  no  longer  be  recognized.  The  case  has  assumed  peremptorily,  and  in 
unmeasured:  terms,  the  aspect  of  ill-gotten  goods  abstracted  from  the  use  of 
the  rightful  owners,  the  bishops  in  Ireland. 

At  last,  29  Apr.,  1810,  Stone  answers  promptly  the  first  letter  which  has 
come  to  his  hands  from  the  Propaganda,  as  directed  to  himself.  He  expresses 
to  the  Prefect,  Card.  Di  Pietro,  his  astonishment  that  Dr.  Troy  should  have 
had  recourse  to  the  spiritual  authority  of  Home,  'without  having  first  com- 
municated with  himself ;  and  that  his  Eminence  should  have  peremptorily 
declared  Callaghan' 8  testament  to  be  invalid,  without  having  heard  himself. 
Neither  one  nor  other  would  have  acted  so,  if  they  had  been  fully  informed  on 
the  merits  of  the  case.  Yet  he  is  now  inhibited  by  the  oath,  which  every 
English  priest  taTc.es  in  virtue  of  the  Act  of  Parliament,  17 91,  from  submitting 
a  civil  case  to  any  foreign  tribunal  whether  spiritual  or  civil,  outside  of  the 
kingdom.  Catholic  lawyers  of  the  first  rank  have  informed  him  that,  in  case 
the  measures  intimated  to  him  were  ever  directly  conveyed  by  his  Eminence, 
and  he  acknowledged  the  authority  to  be  competent  in  a  matter  so  absolutely 
civic,  he  would  incur  the  penalties  of  prcmuniref  and  expose  the  Catholic  cause 
to  the  gravest  rislcn.  If  his  Grace,  the  claimant,  will  adduce  any  document 
capable  of  breaking  the  formal  will  of  the  deceased  and  of  the  antecedent 
trustees,  it  shall  be  recognized.  As  it  is,  there  arc  various  documents  of 

3  In  the  same  year,  1807,  the  General,  Father  BrzozowsUi,  writing  from  Russia, 
treats  of  the  Irish  difficulty  in  three  letters  to  the  Provincial  Pirjnatclli,  Borne,  to  Stone 
and  Strickland,  England  (30  Oct.,  3  Nov.).  From  the  information  afforded  by  Stone 
he  conveys  to  Pignatelli  several  points  :  1.  By  a  personal  visit  to  Dublin,  the  English 
Provincial  had  saved  the  property  from  drifting  into  the  hands  of  Callaghan' 's  natural 
heirs ;  2.  that  tJie  Society  was  exposed  to  trouble  on  account  of  the  Irish,  English,  and 
Scotch  property,  oiving  to  ancient  English  law  (premunire  ?),  and  the  oath  taken  by 
bishops  and  priests — which  seems  to  imply  that  Stone  feared  precisely  what  was 
attempted,  the  interposition  of  Rome ;  3.  that  the  Sovereign  Pontiff  himself  was 
exposed  to  molestation — which,  from  the  reference  made  immediately  after  to  the 
question  being  before  the  Propaganda,  appears  to  indicate  the  currents  in  Rome  itself, 
running  counter  to  the  Pope's  policy  in  restoring  the  Society  :  P.  Provincialis  [Stone] 
tamen  multum  timet,  ne  haec  eadem  boua  ot  alia  ad  Society11  turn  in  Anglia  turn  in 
Scotia  pertinentia  niagnam  et  iiobis  et  S.  Pontifici  suscitent  molestiara  ob  leges 
antiquas  Angliae,  et  ob  juramentum  quo  se  turn  Ep!"  turn  Patres  obstrinxerunt.  Res 
est  delicata.  "  It  appears  certain  that  the  Bishops  and  Vicars  Apostolic  have  written 
to  Rome,  to  find  out  from  the  Sacred  Congregation  lohcthcr  the  Sovereign  Pontiff  has 
really  given  his  assent  to  the  aggregation  by  the  General  of  the  Society  in  Russia  of 
members  in  countries  Catholic^as  well  as  non- Catholic."  The  General  desires  Pigna- 
telli to  inform  His  Holiness  accurately  of  the  matter,  and  to  beg  that  a  remedy  be 
applied.  (General  Archives  S.J.,  Epist.  Vic.  Gen.  in  Russia  :  1802-8  ;  to  Pignatelli, 
Rome,  30  Oct.,  N.S.,  1807 ;  to  Stone,  London,  and  to  Strickland,  London,  3  Nov., 
N.S.,  1807.)  Documents  in  the  Vatican  Archives  illustrate  point  3  above. 

6  Cf.  No.  150,  S. 


APPENDIX]  A'o.  222.    SCOTCH  PROPERTY,   i773-(i8i6)  1153 

decisive  import  dating  from  1773  to  1793  ;  iclterein  there  is  ever  one  principal 
intention  formed  and  kept  in  view,  and  there  is  another  alternative  measure, 
conditional  and  eventual,  for  adoption  if  the  principal  object  could  not  be 
attained.  Callayhan,  seeing  no  necessity  for  the  use  of  the  alternative  measure, 
took  the  means  to  secure  the  principal  intent.  And  it  only  remains  for  the 
Holy  Father  to  be  set  at  liberty  [from  Savona]  to  see  if  this  purpose  shall  be 
finally  effectuated. 

All  the  property  is  destined  for  the  benefit  of  Ireland.  "  Your  Eminence 
supposes  throughout  that  this  property  is  ecclesiastical  in  its  nature;7  and 
yet  you  acknowledge  in  the  ex-Jesuits  of  Ireland  a  right  to  dispose  of  it.  I 
have  already  observed  to  your  Eminence,  that  they  never  gave  it,  and  never 
left  it  by  'will,  to  prelates ;  and  here  I  must  add,  that  the  property  is  not 
ecclesiastical  in  its  nature,  but  is  purely  private" 

In  due  time,  the  whole  trust  was  conveyed  in  proper  form  to  Father  Peter 
Kenney,  Superior  of  the  reconstituted  Irish  Mission. 

Propaganda  Archives,  Scritturc  riferite  nei  congress!,  Irlanda,  1802-10,  IS, 
f.  422,  23  Aug.,  1793,  receipt  of  the  Jesuit  trust  from  J.  Fullam  deceased,  by  E. 
Callaghan  and  Paul  Power ;  ibid.,  ff.  422'',  423,  23  Aug.  1793,  resolutions  of 
the  ex-Jesuits  ;  copies  authenticated  by  Troy,  Dublin,  14  Apr.,  1808.  Ibid.,  ff. 
378,  379,  Troy,  Dublin,  23  Mar.,  1S()7,  to  Card.  Di  Pictro,  Prefect  of  the  Pro- 
paganda; endorsed  : ...  L'  Em°  Prefetto  ne  ha  anche  parlato  col  P.  Pignatelli 
Provinciate.  Ibid.,  ff.  406,  407,  Petition  of  Troy  (after  June,  1807),  to  Di 
Pietro ;  endorsed :  Ibernia,  1808.  Scritto  al  P.  Stone,  23  Germ?  ,  1808,  ed  a 
Monsig.  Troy.  Si  e  parlato  dalF  Em?  Prefetto  al  P.  Pignatelli  Provincials 
de'Gesuiti.  Ibid.,  ff.  412,  413,  the  Propaganda,  23  Jan.,  1808,  to  Stone; 
endorsed :  ...  Si  parla  dell'applicazione  de'beni  ecclesiastici.  Ibid.,  ff.  414, 
415,  Troy,  Dublin,  7  Mar.,  1808,  to  Di  Pietro.  Ibid.,f.  424,  extract  (in  Italian) 
of  a  letter  in  English  from  Troy,  14  Apr.,  1808,  to  Concancn;  authenticated: 
Concordat  cum  original!.  Fr.  Richardus  Lucas  Coucanen  Episcopus  Neo- 
Eboracensis.  Ibid.,  f.  425,  Concanen,  Florence,  20  Aug.,  1808,  to  Sig.  Ab.  D. 
Lorenzo  Agostini  a  Propaganda,  Roma.  Ibid.,  f.  426,  summary  of  the  case,  in 
Italian  (by  Agostini  or  Concancn) ,  for  Di  Pictro.  Ibid.,  ff.  427,  428,  draft  by 
(Concanen),  19  May  (1S08?  1809  ?),  for  Agostini  to  put  in  form,  as  a  letter  from 
the  Propaganda  to  Stone  ;  with  a  paragraph  of  commentary  by  Concanen  to 
Agostini.  Ibid.,  f.  470,  Troy,  Dublin,  17  Dec.,  'iSOS,  to  Di  Pictro.  Ibid.,/. 
522,  523,  Stone,  Stonyhurst,  29  Apr.,  1810,  to  Di  Pietro.— English  Province 
Archives,  MSS.,  iii.,  Ex-Jesuits,  etc.,/.  150,  151,  Troy,  4  Apr.,  1808,  to  Stone, 
conveying  the  reply,  23  Jan.,  1808,  of  Di  Pietro  to  two  Queries,  proposed  to  the 
H.  See  by  the  Prelates  of  this  kingdom;  copy  by  Strickland.  Ibid.,  ff.  148, 
149,  C.  Sutler  (lawyer),  20  Apr.,  1808,  to  Strickland  .(see  supra,  No.  150,  S).— 
Stonyhurst  College  MSS.,  MS.  B,  Hi.,  16,  No.  15,  Kenney t  Clongowes,  16  Feb., 
1816,  to  C.  Wright,  Stonyhurst,  partly  on  the  Irish  funds. 

No.  222.  1773-(1816). 

Scotland  :  the  property  of  the  Scotch  Mission  S. J.,  after  the  Suppres- 
sion. A  certain  capital  served  for  the  maintenance  of  the  ten 
Scotch  ex-Jesuits  who  were  labouring  in  that  country.  T/iis  they 
designed  for  the  general  use  of  the  missions,  in  case  the  Society 
was  not  restored  before  the  last  of  them  died.  Two  of  them  were 

•   Cf.  No.  197. 

8  There  is  no  semblance  of  Father  Stone's  style  in  this  letter.  It  looks  like  Father 
C.  Plowden's  composition. 


1154  No.  223,  A.     INCORPORATION  IN  CANADA,  1887      [APPENDIX 

still  alive  when  the  Bull  reconstituting  the  Order  was  promulgated 
(7  Aug.,  1814,).  At  this  date  the  papers  which  gave  control  over 
the  capital  were  in  the  hands  of  a  Vicar  Apostolic.  In  (IS  16), 
Father  Marmaduke  Stone,  Provincial  of  the  English  Province, 
presented  a  memorial  to  the  Cardinal  Prefect  of  the  Propaganda, 
petitioning  for  the  recovery,  not  only  of  the  property  near  Rome 
belonging  to  the  English  Jesuits,  ~but  of  the  funds  pertaining  to 
the  Scotch  members  of  the  Order. 

The  documents  in  the  Propaganda  archives  exhibit  the  negotiations  and 
claims  of  the  Vicars  Apostolic  in  Scotland,  as  well  with  regard  to 
the  funds  of  the  recently  suppressed  Mission,  as  with  respect  to  the 
recovery  for  home  service  of  the  Scotch  ex- Jesuits  who  were  then 
working  on  the  Continent.  These  latter  were  conducting  at 
Dinant,  in  the  principality  of  Liege,  a  national  Scotch  college, 
with  140  students  in  attendance ;  and  the  Prince  Bishop  was 
contemplating  another  college  for  them  with  room  for  1$  students. 
The  Nuncio  at  Brussels  considered  it  inexpedient  to  interfere  with 
so  useful  a  ministry. 

Propaganda  Archives,  Scritture  risguardanti  1'esecuzione  del  Breve  di  Sop- 
pressione  de  PP.  Gesuiti  ne'  luoghi  di  Mission!.  774.  Mission!.  Miscellan. 
T.  v.;  ff.  43-197,  passim,  14  Oct.,  1773 — 18  July,  1774;  the  correspondents 
being  the  ScotcJi  Vicars  Apostolic,  Card.  Corsini,  and  tJie  Nuncio  at  Brussels. 
Ibid.,  Scritture  riferite  nei  congressi,  1801-1817,  Anglia,  6,  pp.  1177-11SO,  Stone, 
Memorial  to  the  Prefect  of  the  Propaganda  (1816). 

No.  223.  1887. 

Canada :  act  of  incorporation  for  the  Society  of  Jesus.  A  document 
illustrating  by  comparison  the  Maryland  act  of  incorporation.'1 

A.  1887. 

Acte  incorporant  la  Compagnie  de  Jesus. 

Attendu  que  les  Reverends  Peres  de  la  Compagnie  de  Jesus  out 
demande  d'etre  constitues  en  corporation,  et  attendu  qu'il  est  a  propos 
de  coristituer  cette  comrnunaute  religieuse  en  corps  public,  conirue  les 
autres  communautes  de  cette  Province ;  a  ces  causes,  Sa  Majeste,  par 
et  de  1'avis  et  du  consentement  de  la  Legislature  de  Quebec,  decrete 
ce  qui  suit : 

1.  "La  Compagnie  de  Jesus"  sera  une  corporation  composee  des 
reverends  Peres  Henri  Hudon,  Adrien  Turgeon,  Leonard  Lemire, 
Georges  Kenny,  Arthur  Jones  et  de  toutes  les  personnes  qui  font  et 
qui  feront  a  1'avenir  partie  de  cette  Compagnie,  conformement  a  ses 
regies,  statuts  et  reglements. 

Elle  aura,  sous  le  nom  ci-dessus  donne,  succession  perpetuelle. 

1  No.  164. 


APPENDIX]     No.  224.    THE  SUPPRESSION  AND  ROMAN  LA  W,  1836      1155 

Elle  aura  droit  d'avoir  un  sceau  comrnun,  alterable  a  ,sa  volonte,  et 
d'ester  en  justice  de  la  merue  maniere  que  toute  personne  peut  le  faire. 

Elle  pourra  posseder,  accepter  et  acquerir  par  tout  titre  legal,  des 
proprietes  mobilieres  et  immobilieres  qu'elle  pourra  vendre,  aliener, 
hypothequer,  ceder,  louer,  transporter,  echanger,  ou  dont  elle  pourra 
disposer  autrement  a  quelque  titre  que  ce  soit,  pourvu  toutefois  que  le 
revenu  annuel  des  immeubles  possedes  par  la  Compagnie  pour  des  fins 
de  revenu  dans  aucun  diocese  n'excede  pas  trente  mille  piastres. 

2.  La   corporation   n'aura  pas   le  pouvoir  de  posseder  et  niainbenir, 
en  vertu   du  present   acte,  des  etablissemeuts   d'education  ailleurs   que 
dans  les  archidioceses  de  Montreal  et  d'Ottawa,  et  dans  le  diocese  des 
Trois-Rivieres. 

3.  Cette  corporation  sera  gouvernee  seloii  ses  regies  de  communaute, 
et  elle  aura  le  droit  de  faire  et  passer  des  regies  et  reglenients  concernant 
1'administration  des  biens,   la   direction,   la   regie   interne,   1'election,  le 
nombre  et  le  pouvoir  des  officiers  et  des   directeurs,   1'admission  et  la 
sortie  des  membres,  et  generaleruent  tons  reglements   en  rapport  avec 
les  fins  de  la  corporation. 

4.  Le  siege  corporatif  de  la  corporation  sera  en  la  cite  de  Montreal. 

Un  autre  endroit  de  cette  Province,  dans  les  limites  actuelles  des  archi- 
dioceses de  Montreal  et  d'Ottawa  et  du  diocese  des  Trois-Rivieres,  pourra 
etre  choisi  plus  tard  par  reglement  de  cette  corporation. 

5.  Cette  corporation  pourra  norniner  des  officiers,  procureurs  et  admini- 
strateurs,  et  definir  leurs  pouvoirs. 

Les  signatures  du  Superieur  de  la  Compagnie  en  cette  Province  ou  du 
procureur  de  son  etablissement  principal  suffiront  pour  toutes  les  affaires 
legales. 

6.  Le  present  acte  viendra  en  force  le  jour  de  sa  sanction. 

Re'ponse  au  Second  Me'moirc  do  Monseigneur  Hamel,  Protonotaire  Aposto- 
lique,  Vicaire  General,  etc.,  sur  les  principaux  tele'grammes  echange's  entrc 
Quebec  et  Rome,  dans  1'affaire  du  Bill  des  Je'suites  ;  [Montreal],  Juillet,  1887  ; 
Svo,  pp.  55  ;  containing  the  original  bill  of  incorporation,  and  the  above  Act  as 
Biassed  in  the  Lower  House  ;  pp.  3-6. 

No.  224.  1836. 

The  Suppression  of  the  Society:  recognized  historically,  ignored 
juridically.  As  this  Part  II.  began  with  a  brief  sketch  of  the 
recognition  loyally  extended  by  the  Jesuits  to  the  Brief  of 
Suppression,  and  further  on  showed  cases,  in  which  persons 
averse  to  the  Society  would  fain  extend  the  effects  of  Suppression 
to  the  expropriation  of  the  Order  after  restoration,  and  even  to 
the  denial  of  the  canonical  restoration  itself,  the  volume  may 
aptly  close  with  a  specimen  of  Roman  jurisprudence  prevailing  in 
1836,  which  exhibits  the  ecclesiastical  authorities  of  the  Catholic 


1156      No.  224.    THE  SUPPRESSION  AND  ROMAN  LAW,  1836     [AITENDIX 

Church  as  admitting  historically  the  fact  of  Suppression,  yet 
completely  ignoring  the  legal,  juridical,  and  moral  effects  of  it, 
even  for  the  time  when  the  Suppression  was  in  operation,  and 
consequently  recognizing  the  right  of  the  Society  to  its  property 
for  the  period  when  the  Order  was  supposed  to  be,  and  for 
countries  where  it  certainly  was,  non-existent.  In  the  following 
sentence  of  the  Sacred  Congregation  of  Bishops  and  Regulars, 
delivered  23  Sept.,  1830,  an  ancient  annual  levy  of  2500  scudi 
enjoyed  by  the  Society,  at  the  charge  of  a  property  belonging  to  a 
community  in  Sicily,  is  adjudicated  to  the  Order  as  not  only  due 
for  the  time  current,  2$  years  after  the  term  of  Suppression  was 
ended,  but  as  due  also  in  its  arrears  for  the  lime  past,  i  frutti 
arretrati  e  correnti,  without  any  limitation  from  the  moment 
when  the  annual  remittance  had  last  been  paid  by  the  debtors. 
This  last  payment  had  been  made  to  the  Camera  Apostolic  in 
1782.  Hence  for  the  32  years  which  elapsed  before  the  Suppression 
was  terminated  (1782-1814),  the  Order  non-existent  is  legally 
taken  to  have  been  in  existence ;  or  the  arrears  could  not  be  the 
subject  of  a  "  right,"  which  by  the  sentence  is  declared  to  subsist. 

PANOEMITANA  SEU  ROMANA. 
Census. 

Ex  instrumento  dici  17  Augusti  1733  Societas  Jesu  apostolicis  faculta- 
tibus  instructa  censum  imposuit  scutator.  2500  super  aliquibus  bonis  ad 
Congregationem  Olivetaiiorum  S.  Spiritus  Panormi  pertinentibus,  servatis 
conditionibus  aPiana  Constitutione  praescriptis.  Patres  Olivetani  depactuin 
fructum  persolverunt  memoratae  Societati,  donee  ea  stetit ;  ipsaque  abolita, 
Camerae  Spoliorutn  usque  ad  annum  1782. 

Ex  hoc  tempore  fructuum  solutio  interrupta  est ;  non  auteui  ejus 
mernoria.  Natn  in  quibusdam  publicis  actis  turn  anni  1796,  turn  1818,  ac 
1823,  iidem  Olivetani  hujusce  census  meutionem,  data  occasiune,  facere  non 
omiserunt. 

Societas  Jesu  vix  restituta  hujusce  crediti  solutionem  ab  Olivetanis 
petere  non  retardavit.  Sed,  cum  conatus  amicabiles  in  irrituru  cessissent, 
ad  Sacram  Congregationem  Episcoporum  et  Regulariuru  suam  petitionetu 
exhibuit. 

Multas  Olivetani  exceptiones  opponebant,  quas  inter  ea,  quae  majus 
pondus  obtineret,  plurimorum  annorum  erat  praescriptio.  Haec  autem 
vim  etiam  mutuabatur  ex  legibus  Neapolitanae  ditionis,  quae  trigenerium 
ad  reales  ac  personales  actiones  praescribendas  satis  esse  constituunt. 

Sed,  praeterquain  quod  ad  ipsarum  legum  civiliuin  tram  item  aliquid 
contra  praescriptionem  replicari  posset,  obstabat  in  casu  Cap.  20.  de 


EPILOGUE  1157 

Praesc.,  quod  praescriptionem  omnem  absque  bona  fide  condemnat,  ac 
reprobat,  cura  praescribentem  in  nulla  temporis  parte  conscientiam 
rei  alienae  habere  oporteat.  Id  autem  eomagis  in  casu  attendendum 
erat,  quandoquidem  agebatur  de  partibus,  quae  ambae  personis  religiosis 
constabat. 

Itaque,  in  plenario  conventu  diei  23  Septerabris   183G,  duo  dubia  Em1? 
Patribus  exhibita  sunt,  nerupe  : 

1.  Se  il  Censo  imposto  nel  1733  dalla  Congregazione  Olivetana  afavore 
della  Compagnia  di  Gesu  fu  vero  e  legittimo  e  tuttora  vigente  in  favore 
della  Compagnia? 

Et  quatenus  affirmative: 

2.  Se  la  Compagnia  di  Gesu  ha  diritto  di  esigere  i  frutti  arretrati  e 
correnti  ? 

Em!     Patres     rescripserunt     ad     Primuru     Affirmative. — Ad     2. 
Affirmative. 

23  Septembris  1836. 

Collectaiiea  in  usum  Secretariae  Sacrae  Congregationia  Episcoporum  et 
Regularium,  cura  A.  Bizarri  Archiepiscopi  Philippensis  Secretarii  edita, 
Romae,  1885 ;  p.  426. 


To  ascertain  histwical  truth  and  that  finality,  without  which  thankless 
labour  does  but  carry  water  to  the  sea,  the  inedited  matter  pro- 
duced here  has  been  exhausted  in  several  directions,  and  has  been 
set  together  so  that  documents  confront  one  another,  reducing  their 
respective  statements  to  the  proportions  of  truth.  Cross  references 
have  been  profusely  supplied,  enabling  papers  under  review  to  be 
tested  by  remoter  gauges  of  accuracy.  On  the  score  of  omission 
or  commission,  not  to  overdo  and  to  leave  nothing  undone,  all 
pains  have  been  taken  to  disarm  just  criticism  by  arming  it 
and  using  it  beforehand,  with  a  sufficiency  of  documents  to 
ensure  completeness,  and  with  the  reinforcement  of  collateral 
papers  to  arrive  at  exactness.  Tlie  texts  have  been  reproduced  as 
found  ;  and  they  have  been  accepted  or  discounted  for  the  precise 
value  'which  understanding  and  testing  could  discern  in  them. 
As  to  any  other  opinions  or  traditions  not  discerned  there,  these 
have  been  left  to  their  native  region  of  taste  with  its  likes  and 
dislikes,  which  may  prefer  to  disagree  and  be  disagreed  with,  but 
are  still  only  matters  of  taste,  not  of  intelligence,  logic,  or  science. 

There  is  a  literary  assumption,  which  in  circumstances  may  acquire  the 
force  of  a  superstition,  that,  if  a  document  which  so  far  has  lain 
inedited  comes  to  see  the  light,  it  must  in  its  bald  and  unchallenged 


1158  EPILOGUE 

loneliness  bear  a  character  of  truth  which  is  sacrosanct.  Certainly, 
if  produced  separately  without  its  connections  and  the  realistic 
setting  of  its  lights  and  shades,  the  statements,  implications,  and 
insinuations  which  belong  to  it  are,  to  the  extent  of  their  detach- 
ment from  supplementary  facts,  serenely  independent  as  well  of 
control,  as  possibly  of  truth.  In  matter  which  is  already  known 
we  see  how  the  spirit  of  enterprise  not  unfrequently  makes  a  half- 
phrase  sally  out  of  its  context,  and  stands  at  right  angles  to  the 
very  line  of  truth,  which,  as  written,  it  was  meant  to  confirm,  hut 
which,  as  wrenched,  it  is  made  to  deny.  If  independence  of 
connection  or  of  verification  ensured  historical  accuracy,  the 
falsest  pieces  which  ever  merited  burial  might  become  veracious 
because  they  are  exhumed.  Though  the  odour  of  dissolution  dates 
with  them  from  more  than  four  days  past,  they  acquire  the 
respectability  of  appearing  in  print,  and  the  franchise  of  imposing 
on  the  world ;  and  their  case  may  become  as  hopeless  as  that  of 
the  published  matter  which  'passes  for  history,  or  as  that  of  the 
baseless  traditions  which  live  and  thrive,  and  become  more  and 
more  true,  because  people  multiply  who  rehearse  and  believe  them. 
"  Custom  ivithout  truth,"  says  Milton,  "  is  but  the  agedness  of 

error." 

A  moderate  acquaintance  with  inedited  matter,  though  signed,  sealed, 
and  qualified  with  any  accession  of  dignity,  places  the  critic  in 
the  habitual  attitude  of  taking  a  chance  document  on  its  own 
merits  to  be  no  less  probably  incorrect  than  correct ;  and,  if  con- 
tentious in  its  matter,  or  still  worse,  if  immoderate  in  its  tone,  to 
be  more  probably  false  than  true.  It  will  just  be  true  to  its 
origin.  Divines  know  of  pieces  absolutely  perfect  in  their  logic, 
symmetry,  conclusions,  and  tone,  which  nevertheless  happen  to  be 
untrue,  because  of  a  fiaw  in  the  remoter  antecedents;  and  it 
would  be  heresy  to  endorse  them  to-day.  Much  more  in  the 
administration  of  practical  affairs,  the  best  of  men,  finding 
themselves  in  new  and  altered  circumstances  for  which  no  pro- 
vision has  been  made,  can  easily  differ  with  one  another  and  fail 
to  catch  the  bearings  of  the  case.  Their  attainments  to  face  the 
situation  with  judgment  and  propriety  may  be  too  limited ;  or 
their  minds  may  be  warped. 

But,  as  in  the  conduct  of  life  there  is  nothing  fair  and  gracious  which 
a  sincere  mind  cannot  attain  to  and  practise,  so  there  is  nothing 
dubious  or  insincere  ever  perpetrated  by  one  man,  which  another 
may  not  perpetrate ;  and  no  qualification  of  name  or  station  affords 


EPILOGUE  1159 

of  itself  a  guarantee  that  a  writer  is  not  truer  to  his  inner  self 
and  habits  than  to  his  outer  garb  and  name.  Evert/  chapter  of 
history,  both  sacred  and  profane,  shows  the  nature  and  habits  of 
men  more  persistent  than  their  best  intentions ;  and,  in  the  life 
of  the  Church,  lays  bare  the  fundamental  truth  that  nothing 
short  of  the  Providence  of  God  could  have  preserved  His  institution 
from  the  last  consequences  of  men's  disregard  for  sincerity  in 
doing  justice  to  others,  and  for  veracity  in  doing  honour  to  them- 
selves. A  divine  voice  has  said  this  of  all  men :  Omnis  homo ; 
but  not  of  His  own  institution  which,  in  spite  of  them,  is  divine. 
We  now  resume  the  thread  of  history  suspended  in  the  volumes  of  Text. 


INDEX 


[Arabic  numbers  designate  the  pages ;  italic  numbers,  the  notes. 

The  pages  after  600  are  in  Part  II. 

Names  occurring  without  any  special  historical  significance  either  in  controversy, 
or  in  correspondence,  or  in  Proceedings,  are  not  entered  here. 

For  a  rearrangement  of  documents  used  piecemeal,  v.  Proceedings.  Similar  entries 
are  substituted  for  the  Bibliographical  Index,  mentioned  in  Part  I.,  pp.  xv,  xvi.] 


ACADIANS  in  Baltimore,  Carroll  on,  689,  4 

Account  of  the  Colony,  Dcclaratio 
Coloniae ;  v.  Baltimore,  Cecil 

Acquaviva,  Claudius,  General  S.J., 
1092,  2 

Acts  of  Parliament :  Statute  of  West- 
minster, 1285... 909,  9—27  Edw.  III., 
Statute  of  Provisors,  646,  648,  1152— 
27  Hen.  VIII.,  c.  28,  8'.',  on  efficient 
expropriation,  1062,9—11,12  Gul.IIL, 
against  Popery,  as  applied  to  Mary- 
land, 225— Geo.  III.,  1777-1791,  for 
the  relief  of  Catholics,  644, 1146,  1152  ; 
v.  Oath 

Adams,  Eleanor,  263 

Adams,  Ignatius,  264 

Adams,  J.  Q.,  Secretary  of  State,  and 
President  U.S.,  cognizance  taken  by, 
of  the  Papal  brief,  re  White  Marsh, 
518,  523,  553,  554,  554, 41,  557, 933, 937, 
1071-1078;  788,  995;  President  U.S., 
1825.. .1085,  1086 

Aderton,  Mr.,  274 

^Egean  Sea,  Jesuits  in,  and  the  Severoli 
rescript,  1813... 843 

Agostini,  Lorenzo,  Rev.,  of  the  Propa- 
ganda, 1152 

Agrefcti,  Claudio,  report  of,  to  Rome,  on 
Cecil,  Lord  Baltimore,  176-178 

Airoldi,  Francis,  Belgian  Internuncio,  on 
sending  secular  priests  to  Maryland, 
1670... 196-198 

Alabama,  diocese  of,  1019,  8,  1022 

Alacambe,  Edward,  S.J.,  149 

Alexander  VI. ,  234,  17 

Alexandria,  D.  C.,  345,  830,  41,  856,  871, 
954,974 

Alienation  of  property  acquired  by  the 
Church  in  Maryland,  not  practicable, 
29,  30 ;  v.  Ecclesiastical  tenure ;  and 
the  Constitution  S.J.,  896-898 

All  Hallows'  parish,  Ann  Arundell  Co., 
Md.,  249,  250 

VOL.    I. 


Allanson,  Thomas,  218 

Allen's  Fresh,  273 

Aloysius  Gonzaga,  St.,  820,  15,  849,  948 

Altharn,  John  (alias  Gravener),  S.J.,  103, 

113,  114,  117,  120,  212,  213 
American  Church,  234,  17,  246,  11,  904, 

34,  936,  1041,  1050,  10,  1121,  2 
American  Government,  interposition  of, 
in  Marechal's  controversy  with  S.J., 
1823-1826... 510-558,  1069-1079,  pas- 
sim; v.  Brent,  Ironside,  Marechal; 
933,  934,  935, 12;  and  the  Propaganda, 
re  ex-Jesuit  property,  615,  616 ;  v. 
Carroll,  John ;  and  religious  liberty, 
624,  5 ;  680  ;  and  the  religious  life, 
Carroll  and  L.  Neale  on,  814,  819,  854  ; 
and  the  restoration  S.J.,  1815... 850, 
938-940,  1049,  1050;  subsidies  of,  for 
the  Indian  missions,  1823... 1018,  1019, 
1023,  1025 ;  Marechal  on  the  consent 
of,  for  the  restoration  S.J.,  1821. ..1050 
American  mission  S.J.,  first  mention  of, 
17  ;  deliberation  on,  17-19 ;  approval 
of,  by  the  General  Vitelleschi,  19,  20; 
course  of  ;  v.  Maryland-Pennsylvania 
S.J.  mission 

Americanism,  549, 35,  835,  60,  1016,  1025 
Andalusia  [Provincia  Baetica  S.J.],  43 
Anderson,  John,  sen.  andjwt.,  256 
Angler,  P.,  O.P.,at  Zacchiah,  1816.. .887, 

956,  3 ;  957 

Angier,  Thomas,  S.J.,  661,  51 
Angiolini,  Cajetan,  S.J.,  817,  839,  6S 
Anglican  Church  in  Canada,  and  Catholic 
Church  property,  1822 ;  v.  Canada  ;  in 
Md.,  and  mortmain  statutes,  396,  28, 
636 ;  v.  Protestant  Church 
Angola,  95,  99 
Ann  Arundell  Co.,  223,  248-250,  252,  254, 

268,  541,  21 

Annapolis,  Md.,  249,  251,  256,  284,  286, 

287,  294,  21 ;  register  of  estates  S.J.  at, 

442,  28,  539 ;  857,  922 

Annual  letters,  desired  by  the  General 

S.J.,  from  Maryland,  27,  28  ;  lost,  30; 

4   F 


1162 


INDEX 


31,  39 ;  improved  form  of,  for  the 
service  of  the  Propaganda,  45 ;  series 
of,  from  and  concerning  Md.,  94-144 

Antilles,  96,  97,  99,  101 

Antonelli,  Cardinal  and  Prefect  of  Propa- 
ganda, to  Carroll,  on  the  bishopric,  22 
July,  1785... 395,  635;  on  incorporation 
of  property,  8  Aug.,  1787... 396,  636 ;  v. 
Carroll,  Marechal ;  opinion  of,  to  Pius 
VI.,  on  the  suppression  S.J.,  1775... 
60G,  4  ;  to  M.  Gibson,  Vicar  Apostolic, 
England,  on  the  property  of  the  ex- 
Jesuits,  15  July,  1786... 645;  649,683; 
to  Carroll,  on  Jesuitism,  14  Aug.,  1790 
...689;  690 

Antwerp,  128,  661,  51,  721,  5  ;  Carmelite 
nuns  at  Portobacco  from,  827,  34 

Aquinas,  St.  Thomas,  liberty  of  S.J.  in 
following  the  doctrine  of,  16,  17;  177 

Arabia  Felix,  147 

Arabia  Petrea,  Deer  Creek,  Md.,  purchase 
of,  21  Dec.,  1786... 291;  292,  294,  298, 
301-303 ;  power  of  attorney  from  the 
Corporation  of  R.  C.  Clergymen  for  the 
sale  of,  1822... 304;  308,  498,  507;  v. 
Deer  Creek  ;  Marechal  on  extent  of, 
540;  on  sale  of,  542,  1020;  rate  of 
purchase  and  sale  at,  543,  26 ;  and 
Marechal's  claims,  719  ;  733,  736 ; 
Marechal's  diary  on,  1819... 1042 

Archbold,  Richard,  S.J.,  78,  79 

Archives  :  of  the  Select  Body  of  Clergy, 
preservation  of,  at  Portobacco,  1786... 
643,  667;  788;  the  Corporation  Pro- 
ceedings, erasures  in,  880,  883  ;  and  an 
archivium  for,  at  Georgetown,  1816... 
883  ;  and  Grassi,  883,  9  ;  signatures  of 
the  trustees  to  the  Proceedings,  887, 
888 ;  of  the  Jesuit  mission  in  the 
Baltimore  diocesan  archives,  1131,  36 

Arundell  Castle,  650,  27 

Arundell,  Lord,  of  Wardour,  1790... 744 

Ashby,  James,  S.J.,  257,  277 

Ashmore,  William,  213 

Ashton,  John,  S.J.,  227,  228;  annuity 
of,  252,  641,  662,  664,  57 ;  to  the  Cor- 
poration, on  his  debts  and  claims,  14 
Sept.,  1813.. .265,  715,40;  declaration 
of  trust  by,  3  Oct.,  1793... 270,  292,  294, 
441,  28,  542,  24,  732,  733,  736,  737 ;  v. 
Declarations  of  trust ;  trustee  of  the 
Corporation ;  v.  Proceedings ;  succeeded 
by  Bitouzey  at  White  Marsh,  366 ;  394, 
23 ;  Marechal's  account  of,  to  the  Pro- 
paganda, 1822... 427,  428,  492,  499,  716, 
43;  541,2,7;  and  the  suppression  S.J., 
1773... 607,  5;  and  the  Select  Body  of 
Clergy ;  v.  Ex-Jesuits  American  ;  busi- 
ness capacity  of,  626,  629 ;  not  a  mem- 
ber S.J.,  after  re-establishment,  628,  2 ; 
procurator  of  the  Select  Body,  1784, 
1789... 629,  630,  687;  and  Campbell's 
lands  bequeathed  to  him,  1772... 631, 
632 ;  to  F.  Neale,  assigning  Campbell's 
lands  to  the  Corporation,  7  July,  1804 


...632;  and  the  liabilities  of  Md.-Pa. 
mission  to  English  ex-Jesuits,  639,  640, 
643,  654,  34,  655,  36' ;  correspondence 
of,  with  T.  Talbot  and  Strickland  on  ex- 
Jesuit  property,  England,  1785-1788... 
656-664;  to  T.  Talbot,  28  Dec.  1785... 
656,  657  ;  on  the  Corbie-Hunter  agree- 
ment, 657-659,  662,  663  ;  to  Strickland, 
1786-1788... 658-664  ;  to  Bishop  J.  Tal- 
bot, 659,  49 

Antecedents  of,  1791... 700;  at  the 
Baltimore  Synod,  1791. ..427,  5,  701; 
and  the  Chapter  of  the  Select  Body, 
Nov.,  1792... 702  ;  and  the  Corporation, 
1794-1797... 702-704,  715;  controversy 
of,  with  Bishops  Carroll  and  L.  Neale, 
1801,  1802... 705-712;  to  Carroll,  13 
June,  2  July,  1801... 705;  resignation 
of  White  Marsh  by,  1801... 705,  8,  778  ; 
Carroll  on,  706 ;  circular  of,  on  L.  Neale 
and  Carroll,  and  their  relation  to  the 
Corporation,  11  Oct.,  1802... 708-712, 
779,  2,  789,  26  ;  on  successors  of  Car- 
roll and  Neale  in  the  see  of  Baltimore, 
712 ;  to  the  Corporation,  on  his  claims, 
5  July,  1805... 713;  to  Carroll  and 
others,  on  the  right  of  the  bishop  to 
own  estates  S.J.,  24  Nov.,  1806... 714; 
Carroll  on  the  communication,  715 ; 
and  C.  Neale,  715,  716;  to  F.  Neale, 
on  his  debts  to  the  Corporation,  and 
his  will,  30  Jan.,  1810... 715,  716;  will 
of,  in  favour  of  N.  Young,  12  Feb., 
1810... 716,  717,  854,  880,  881,  883,  886, 
947;  death  of,  8  Feb.,  1815.. .717;  Ash- 
ton's  theory  and  Marechal's  claims, 
719;  720;  act  of  Assembly  Md.,  1806, 
on  the  declaration  of  trust  by,  729  ; 
769,  779,  780,  3,  788,  24,  811,  850,  866  ; 
Marechal's  account  of,  to  Edelen,  re 
bull  of  Pius  VI.  and  the  see  of  Balti- 
more, 30  Apr.,  1820... 900,  901 

Ashton,  Mary,  252 

Askin,  Elizabeth,  278 

Asrnore  [Ashmore,  Askmore,  Astmore], 
209,  210,  224,  233,  271,  284,  286;  v. 
Crosby,  J. ;  287 

Assembly  of  Maryland,  1641,  1642... 171, 
179;  act  of,  278;  petition  to,  of  G. 
Hunter  for  a  town,  Edenburgh,  1771 
...281,  282,  292,  293;  act  of,  on  St. 
Peter's  property  and  cathedral  lot, 
Baltimore,  318-321,  44;  334,  377; 
Marechal's  account  of  the  charter  in- 
corporating the  Select  Body,  393  ;  and 
of  judgment  to  be  passed  by,  on  the 
Corporation,  400,  465,  466  ;  charter  of 
incorporation  for  Select  Body  of  Clergy, 
23  Dec.,  1792... 270,  292,  293,  722-726, 
735,  935  ;  confirmation  of  the  charter, 
28  Jan.,  1806.. .441,  28,  727-730;  act 
for  conveyance  of  laud  at  White  Marsh, 
22  Nov.,  1822... 730,  731;  enlargement 
of  charter,  9  Feb.,  1894.. .731,  732; 
733,  735,  737,  741 ;  and  the  Baltimore 


INDEX 


1163 


cathedral,  1819... 463,  922 ;    favour  of, 
towards  S.J.,  re  Marechal  controversy, 
1824.. .1070,   11;    v.   Corporation,  De- 
claration of  Bights,  Ex-Jesuits  Ameri- 
can, Mortmain,  Property  S.J. 
Assumption  mission  ;  v.  St.  Inigoes 
Attowomeck  River  ;  v.  Potomac 
Attwood,  George,  228-230 
Attwood,  Mrs.  George,  228,  229 
Attwood,  Peter,  S.J.,  66;  and  the  trans- 
mission  of  property,   202,  5,  204,  10- 
208,  210-212,  214,  215,  221,  222,  229, 
237,  255,  269,  271,  272,  282-284  ;  family 
of,  230 ;  conveyance  to,  by  G.  Thorold, 
232 ;  assignment  to,  by  Thorold,  238 ; 
beneficiary  under  James  Carroll's  will, 
251,  252,  254  ;  will  of,  270 
Attwood,  Thomas,  228-230 
Attwood,  William,  230 
Attwood,  Wincfrid,  230 
Augusta  Carolina,  104 
Augustinians,  in  U.S.,  1803.. .970,  986 
Austria,    province    S.J.,   annual    letters 

from,  45 
Avogadro,  John,  S.J.,  Bishop  of  Verona, 

822 

Aylmer,  Charles,  S.J.,  1003, 14 
Ayno  [Hainault,  White  Marsh],  250,  255, 
541,  734  ;  v.  White  Marsh 


B 


BABADE,  P.,  S.S.,  756,  765,  947 

Babthorpe,  Thomas,  S.J.,  17 

Bacon,  Nathaniel ;  v.  Southwell 

Badin,  S.  T.,  1101 

Baines,  P.  A.,  Coadjutor,  Western  Dis- 
trict, England,  1140 ;  memorial  and 
petition  of,  to  Leo  XII.,  on  the  restora- 
tion S.J.  in  England,  14  Aug.,  1828... 
1141, 1143-1147  ;  on  Poynter's  transac- 
tions with  the  Propaganda  and  English 
Government,  1143-1148  ;  on  Consalvi's 
letter,  18  Apr.,  1820,  for  the  Govern- 
ment, 1145,  1146 

Baldi,  Father  S.J.,  55 

Baldwin,  William,  S.J.,  7 

Baltimore,  Cecil  Calvert,  second  Lord : 
preamble  of  his  patent  for  Maryland, 
12 ;  v.  Laws ;  his  Account  of  the 
Colony,  and  Conditions  of  Plantation, 
submitted  to  the  General  S.J.,  Vitel- 
leschi,  1633... 19,  20,  145-148;  shown 
to  Card.  Barberini,  178 ;  his  Points  of 
controversy  with  the  missionaries, 
examined  and  rejected  in  Rome,  26, 
27 ;  mode  of  the  General's  compromise, 
28-31,  33-35,  1030,  1033  ;  his  demand 
for  church  property,  32 ;  claims  re- 
jected, 34  ;  his  colony,  if  necessary,  to 
be  avoided,  36 ;  his  tenets  unsound, 
37;  99,  108;  Panzani  on  him,  his 
oath,  and  English  Jesuits,  150-157; 
his  new  Conditions  of  Plantation, 


BALTIMORE,  CECIL  GALVERT  (continued)— 
1641. ..162;  oath  attached  thereto,  163; 
draft  of  a  Provincial's  Certificate  to  be 
attached,  163,  164 ;  Lewger  on  same, 
164,  165 ;  the  substitution  of  secular 
clergy  for  missionaries  S.J.  in  Md. ;  v. 
Secular  clergy  mission 

His  four  Points  on  property  and 
civil  rights,  submitted  to  Knott, 
Provincial  S.J.,  165,  166-168,  180; 
Knott's  Notanda  thereon,  168-172 ; 
Silvius  on  his  charter  and  claims 
against  the  Church,  172-178;  the 
Privy  Council's  decision  in  his  favour, 
against  W.  Clayborne,  1638... 174;  in- 
competency  of  his  charter  to  support 
his  claims,  174,  3 ;  his  case  and 
Lewger's  submitted  to  the  Inquisition, 
178-181 ;  his  original  appeal  to  Blount, 
Provincial,  and  to  the  General,  for 
Jesuits,  178 ;  refusal  to  contribute 
means  of  subsistence,  178 ;  his  recent 
recourse  to  the  Propaganda  for  a 
secular  clergy  mission,  180 ;  the  peti- 
tion, 181,  182 ;  G.  Gage  on,  188,  189 ; 
his  drafted  assignment  of  Indian 
church  property  to  himself,  190,  191 ; 
his  drafted  concordat,  disallowing  civil 
and  ecclesiastical  rights  to  Jesuit 
missionaries,  191-196;  v.  Indians, 
Oath  ;  partial  to  the  Catholic  Chapter, 
London,  197  ;  not  opposed  to  regular 
Orders  in  Md.,  197;  his  complaints 
about  Rome  and  the  Jesuits,  1669... 
197,  198;  his  grants  of  land  to  the 
missionaries,  215,  216,  933,2;  Mare- 
chal on  the  donations  of,  234, 17 ;  his 
secularizing  policy  against  the  Jesuits, 
354,  1 ;  392  ;  Marechal  on,  447,  448  ; 
475,  489,  507,  510,  1121 

Baltimore,  Charles,  Lord,  140,  208,  IS, 
215,  220,  223,  279,  285 

Baltimore,  city,  passim;  property  S.J. 
in,  277,  293 ;  P.  Beeston  at,  296  ;  lot 
in,  bought  of  C.  Carroll  by  G.  Hunter, 
1764... 313;  old  St.  Peter's  church 
thereon,  314  ;  another  lot  in,  possessed 
by  J.  Walton,  314 ;  John  Carroll's 
account  of  Catholicity  in,  314;  lot  in, 
conveyed  by  C.  Carroll  of  Carrollton 
to  J.  Carroll,  314,  323;  E.  Fenwick 
at,  and  Marechal's  demands,  1820... 
898 

Old  St.  Peter's  property  S.J.,  and 
the  new  cathedral,  an  exchange  pro- 
jected, 1805-1816... 315-323,  1138,  8; 
the  Corporation  and  the  new  cathedral, 
1803-1816... 316-323,  810,  811  ;  repairs 
at,  316;  donation  of,  desired  for  the 
cathedral,  318-323,  327,  328,  885,  887, 
1044;  value  of,  322-325,  332,  894; 
vesting  of,  in  the  trustees  of  the  cathe- 
dral, 323,  324,  916 ;  donation  of,  to  the 
new  cathedral,  denied  by  Marechal, 
326;  by  J.  Whitfield,  327;  criticized 


1164 


INDEX 


in  Rome,  327,  328;  356;  two  lots  in, 
possessed  by  J.  Walton,  1793. ..734 

St.  John's  church  [German],  543, 25, 
551 ;  v.  Beschter 

Baltimore  Co.,  265,  288,  313,  314 

Baltimore  diocese,  376 ;  bull  erecting  j 
the  see,  6  Nov.,  1789  ;  v.  Bulls,  Pius 
VI. ;  incapable  of  providing  for  Mare- 
chars  maintenance,  1822-1826... 465, 
546,  30,  558,  892,  894,  907,  4,  1087,  17, 
1090,  1091 ;  decree  of  Propaganda  on 
missionaries  S.J.  in,  27  July,  1822... 
477,  481,  482,  563,  1007,  1008,  1019; 
property  of,  Eutaw  St.,  Bo.,  903,  907, 
4,  915,  921-924,  934,  9;  report  by 
Marechal  on,  to  the  Propaganda, 
1818... 912-914,  957,  958  ;  the  Assembly 
of  Md.  and  the  cathedral,  1819. ..463, 
922;  924,  36;  Marechal's  list  and 
account  of  priests  in,  1818... 955-958; 
status  of,  1821.. .959,  960;  1001,  1002, 
1019-1021 ;  subsidies  to,  from  the 
Jesuits,  1789-1838... 1130,  1131;  ar- 
chives and  books  of,  from  the  Jesuit 
mission,  1131,  36;  and  property  S.J. 
in  Md.,  J.  England's  account  of,  1824... 
1134, 5 

Baltimore,  George  Calvert,  first  Lord,  to 
Lord  Petre  on  the  Chalcedon  con- 
troversy, 8  Aug.,  1631. ..7-10;  inter- 
view of,  with  De  Fontenai,  8-10 

Baltimore  Manor,  289 

Baltimore  Seminary  ;  v.  Sulpicians 

Banister,  Samuel,  886 

Barat,  Louis,  S.J.,  a  candidate  for 
Louisiana,  1817-1821. ..1013-1015, 1026 

Barbados,  99,  101 

Barber,  Virgil,  S.J.,  in  Italy,  548,  33,  570 

Barberini,  Cardinal,  Protector  of  Md. 
mission  S.J.,  27;  149-158;  v.  Pan- 
zani ;  to  Panzani,  17,  30  Jan.,  1636... 
154,  155  ;  Baltimore's  Account  of  the 
Colony  shown  to,  178;  182-187;  v. 
Rosetti ;  to  Rosetti,  1  Feb.,  1642. ..185, 
186  ;  198  ;  v.  Airoldi 

Barcluxem,  106 

Bardstown,  diocese  of ;   v.  Kentucky 

Barefote,  James,  98 

Barnes,  Henry,  J.P.,  293,  294,  735 

Barrow,  Thomas,  S.J.,  672 

Barry,  R.,  561 

Barry,  Robert,  324 

Barter,  not  trade,  legitimate  for  ecclesi- 
astics, 23 ;  necessitated  by  want  of 
coin,  23,  166,  169 

Barton,  Richard,  Provincial  S.J.,  42- 
44 ;  v.  Nickel ;  131 

Battie,  H.,  255 

Baucher,  William,  S.J".,  63 

Bavarian  pension,  for  Liege  college,  18, 
237 

Baxter,  Roger,  S.J.,  removal  of,  from 
Richmond,  without  Marechal's  good 
will,  446 ;  527,  1002,  9,  1003,  14 

Beach,  Henry,  266,  283,  289 


Beckingham,  Mr.,  226 

Bedingfield,  Sir  Richard,  661,  61 

Beeston,  Francis,  S.J".,296,297,  316,  317 
Marechal  on,  354,  355 ;  and  St.  Mary's 
church,  Philadelphia,  1788. .  .354, 2, 365 ; 
617  ;  not  a  member  S.J.,  after  the  re- 
establishment,  628,  2 ;  660,  51 ;  at 
Philadelphia,  661,  51 ;  and  aggregation 
to  S.J.  in  Russia,  25  Apr.,  1788,  25 
Apr.,  29  July,  1803... 683,  684,  816,  820  ; 
684,  716,  720,  721,  5;  trustee  of  the 
Corporation ;  v.  Proceedings  ;  at  Bo- 
hemia, 1790-1793... 748;  successor  of 
C.  Sewall  at  Baltimore,  1793... 748; 
769,  770,  922, 33 

Beeston,  Robert,  S.J".,  59,  60 

Beex,  Matthew  H.,  57 

Belgium,  novitiate  of  an  American  candi- 
date for  S.J.  to  be  made  in,  1647..  35 ; 
107-139,  passim ;  838 ;  v.  Nuncio  at 
Brussels 

Benedict  XIII.  and  the  Gallicans,  1729... 
1134, 6 

Benedict  XIV.,  constitutions,  briefs ;  v. 
Bulls  ;  on  the  right  of  appeal  against 
a  Papal  brief,  494,  12,  1067,  5 ;  on  co- 
ordinate jurisdiction,  997,  998,  1000, 
1001 

Benedictines,  in  U.S.,  1790.. .745;  in 
England,  1724... 998, 1000 

Bennet,  Mr.,  205 

Bennet,  Patrick,  305, 903 

Bennett,  John,  S.J".,  210,  224,  283 

Bennett,  R.,  223 

Bennett,  Richard,  259 

Benvenuti,  Mgr.,  Papal  agent,  St.  Peters- 
burg, 1802... 816,  817,  6 

Berington,  Thomas,  253 

Berks  Co.,  Pa.,  344 

Beschter,  William,  S.J".,  246,  301 ;  to 
Dzierozynski,  on  old  St.  Peter's  pro- 
perty, Bo.,  11  Dec.,  1824. ..327;  346, 
366,  368,  371 ;  desired  at  Baltimore  by 
Marechal,  446  ;  to  C.  Neale,  on  bequests 
to  a  religious  Order,  and  on  the  sup- 
pression S.J.,  17  Feb.,  1823.. .509,  510 
1040;  to  Dzierozynski,  3  Dec.,  1823... 
512,  1 ;  on  the  interposition  of  the 
American  Government,  re  Papal  brief, 

5  Nov.,  1824... 527,  3, 1083,  9 ;  on  Mare- 
chal and  Sanneu,  10  Nov.,  1825... 536, 
5 ;  to  C.  Neale,  on  Marechal,  Palafox, 
Whitfield,  regulars,  and  S.J.,  17  Feb., 
1823... 543,  25,  1090,  2,  1135,  9;   551; 
to  Dzierozyuski,  on  the  Marechal  COD- 
troversy,  15  Dec.,  1826.. .552,  40;   on 
Marechal  and  Sulpician  property,  Bo., 

6  July,  1824.. .553,   40,   591,   1135,  9; 
on  ditto,  and  property  S.J.,  14  Dec., 
1824... 592,  1038,  15,  1082,5:  on  Mare- 
chal and   the    Sulpicians,  30  June,  9 
July,  1826... 592,  593;  on  movements 
of   bishops,   30    July,    1826... 593;    on 
Garnier,    Superior   General   S.S.,  and 
Marechal,   18    Feb.,    1826.. .595;   801, 


INDEX 


1165 


839-842,  76,  845,  83,  852,  857;  ad- 
mitted into  the  Select  Body,  14  June, 
1814.. .879;  907,4;  to  Dzierozynski,  on 
Marechal's  claims  and  the  suppression 
S.J.,  6  Feb.,  1822.. .938,  1049,  1050; 
965 ;  to  F.  Neale,  on  Marechal  and  the 
expedition  S.J.  to  Missouri,  20  Apr., 
1823. ..1017;  the  case  of  Murphy  suc- 
ceeding at  White  Marsh,  1017 ;  to 
Dzierozynski,  on  the  error  in  the  Papal 
brief,  re  White  Marsh,  7  Dec.,  1824... 
1069 ;  to  F.  Neale,  on  a  charter  of  in- 
corporation for  S.J.  in  Md.,  11  Dec., 
1824. ..1069,  11;  to  Dzierozynski,  on 
the  controversial  situation,  14  Dec., 
1824. ..1082,  5,  1083,  9;  to  the  General, 
on  Marechal's  decease,  and  Whitfield, 
23  Jan.,  1828.. .1103,  15;  1105,  1106; 
to  Dzierozynski,  on  Whitfield  and 
Marechal's  annuity  in  perpetuity,  11 
Feb.,  1828... 1108;  1109;  to  Grassi,  on 
the  Baltimore  Provincial  Council,  27 
Sept.,  1829... 1134 

Beswick  family,  Talbot  Co.,Md.,  328 

Betagh,  Thomas,  S.J.,  1150 

Bettam,  John  ;  v.  Smith,  J. 

Bett's  Addition,  Talbot  Co.,  Md.,  332 

Beussons,  Rev.,  188 

Beverie,  Worcester,  England,  230 

Biddulph,  Andrew,  Rev.,  184 

Biggs,  Margaret,  252 

Bishop,  Henry,  213 

Bishop,  William,  Bishop  of  Chalcedon, 
bull  for,  1622... 699,  2 

Bishopf,  Robert,  288 

Bitouzey,  G.  Barnaby,  Rev.,  trustee  of 
the  Corporation ;  v.  Proceedings  ;  dis- 
sension of,  with  the  Corporation,  re  the 
novitiate,  1813,  1814.. .365-377,  838, 
840-842,  878  ;  his  resignation  of  White 
Marsh,  366 ;  antecedents  of,  366 ; 
Carroll  on,  367,  368,  371-373;  to  F. 
Neale,  on  Russian  Jesuits,  23  Oct., 
1813... 368,  833,  32,  839,  71 ;  returns  to 
France,  373 ;  successor  of  Ashton  at 
White  Marsh,  1801... 705,  8;  and  the 
escheat  of  ex- Jesuit  property,  1805... 
726, 727 ;  and  the  purchase  of  Patuxent 
Meadows,  1808... 730,  731;  admitted 
into  the  Select  Body,  4  Sept.,  1797... 
770,  774  ;  to  Carroll,  on  continuing  the 
Corporation  pro  forma,  1805... 824,  825, 
928,  2;  848,  123,  864,  880,  883,946 

Blackburne,  Ben.,  255 

Blacklow ;  v.  White,  Thomas 

Blackstone,  on  circumstances  voiding  a 
Sovereign's  act,  476,  10,  1067,  5,  1068, 
1069 

Blake,  Charles,  208 

Blake,  James,  Provincial  S.J.,  62 ;  v. 
Gonzalez 

Blount,  Richard,  Provincial  S.J.,  18-20; 
v.  Vitelleschi ;  Baltimore's  request  to, 
for  Jesuit  missionaries,  178 

Blundell,  James,  S.J.,  7 


Boarrnan,  Charles,  S.J".,  660,  51 

Boarman,  John,  S.J.,  and  the  suppres- 
sion S.J.,  1773.. .607,  5;  660,  51;  and 
aggregation  to  S.J.  in  Russia,  25  Apr., 
1788... 683,  684;  720,  769 

Boarman,  Mary,  218 

Boarmau,  Mr.,  257 

Boarman,  Sylvester,  S.J".,  291,  292,  394, 
23 ;  delegate  and  trustee ;  v.  Proceed- 
ings ;  660,  51 ;  and  aggregation  to  S.J. 
in  Russia,  25  Apr.,  1788,  30  Aug.,  1802, 
25  Apr.,  1803.. .683,  684,  815,  816,  820; 
720,769;  and  the  Paccanarists,  1800... 
814,  815  ;  872,  873 

Boarman,  William,  218,  277 

Boarman's  Manor,  277 

Boavista,  99 

Bohemia,  St.  Xaverius  and  other  tracts, 
Cecil  Co.,  Md.,  207-210,  220,  221 ;  addi- 
tions to,  223, 224 ;  extent  of, 233  ;  271 ; 
completed,  282-284;  disputed,  285- 
287;  Marechal's  plat  of,  1795... 287; 
school  at,  boarding  charges,  285,  290  ; 
293;  Pasquet  at,  296 ;  328;  missionary 
stations  attended  from,  1764. ..328, 329  ; 
contributions  from,  for  St.  Joseph's, 
Talbot  Co.,  331 ;  332  ;  G.  Hunter's  re- 
port on,  1765. .  .337 ;  rents  of,  1824. . .362  ; 
condition  of ,  362  ;  372,378;  extent  and 
yield  of,  1824-1830... 379,  381 ;  yield  of, 
to  Carroll,  1807.. .426,  3;  Marechal  at, 
467,  540 ;  Marechal  on  extent  of,  540, 
542,  551 ;  612, 691 ;  administration  of ; 
v.  Proceedings ;  Ashton  on  the  bishop's 
right  to,  1806... 714;  Ashton's  theory 
and  Marechal's  claims,  719 ;  734 ; 
granted  to  Sulpician  Seminary,  Bo., 
and  withdrawn,  1793-1799;  v.  Sulpi- 
cians ;  P.  Kenney's  sketch  of,  1790- 
1801. ..748;  debts  of,  1796. ..750;  re- 
storation of,  by  the  Sulpicians  to  the 
Corporation,  1799... 754-756,  765;  ap- 
propriation of,  to  Georgetown  College, 
1801-1806... 761,  869,  870;  Tessier  S.S. 
on  the  grant  and  withdrawal  of,  764- 
767 ;  grant  of,  to  Carroll  by  the  Cor- 
poration, 11  Sept.,  1806.. .826,  827,  885, 
886 ;  and  Pasquet's  management  for 
Carroll,  1815. .. 858 ;  and  cession  of, 
to  Carroll,  1815. ..860;  repudiation  of 
same  by  L.  Neale,  860,  130 :  863 ; 
grant  of,  and  substitution  of  a  pension 
for,  to  L.  Neale,  Feb.,  1816.. .885,  886; 
granted  to  Carroll  for  expenses  of 
sacred  functions,  887 ;  J.  Henry  at, 
1817.. .888;  condition  of,  1820.. .898; 
904,  936,  947;  Marechal's  diary  on, 
1819.. .1042;  1121 

Bohemia  Manor,  221,  283 

Bohemia  Middle  Neck  Manor,  210,  220, 
221,  283, 284 

Bohemia  River,  223,  271 

Bollandus,  John,  S.J.,  on  A.  White,  1 
Mar.,  1648...  128 

Bologna,  511,1,  854 


1166 


INDEX 


Bolton,  John,  S.J.,  and  the  transmission 
of  property,  256,  257, 260,  274  ;  333 ;  in 
Talbot  Co.,  344 ;  and  the  suppression 
S.J.,  1773. ..607;  and  aggregation  to 
S.J.  in  Russia,  25  Apr.,  1788,  30  Aug., 
1802,  25  Apr.,  1803. ..683,  684,  815,  816, 
820 ;  delegate  and  trustee ;  v.  Proceed- 
ings ;  769,  770,  808 ;  and  the  Paccana- 
rists,  1800.. .814,  815 
Bonacina,  160 
Bonds,  for  the  transmission  of  property 

S.J.,  268,  269 

Booiie,  John,  S.J.,  659,660,5^,663  ;  and 
aggregation  to  S.J.  in  Russia,  25  Apr., 
1788... 683,  684;  691,8,769 
Boone,  Joseph,  Rev.,  661,  51,  721,  5 
Booth,  Charles,  8.J.,  resignation  of  pro- 
perty by, 236 

Borgia,  Stephen,  Secretary  of  Propa- 
ganda, and  Cardinal  Prefect,  602,  645 ; 
to  Troy,  Archbishop  of  Dublin,  on  the 
status  of  Irish  Jesuits,  24  Feb.,  1804... 
817, 10,  1151 ;  and  the  Grassi  mission 
to  China,  1802.. .1006 
Borgna,  Rev.,  1018 

Boston,  diocese  of,  315,  443,  521,  526, 
547,  570,  688,  689,  800;  v.  Cheverus, 
Fenwick  B.  ;  a  boarding-college  to  be 
conducted  by  S.J.  at,  1811... 992,  66; 
status  of,  1821. ..959  ;  1017, 1138,6 
Boulogne-sur-Mer,  school  at,  89 ;  assign- 
ment of  G.  Talbot's  property  to,  1744... 
93,  258 

Boult,  Henry,  Provincial  S.J.,  77-84;  v. 
Retz ;  releases  the  Md.-Pa.  mission 
S.J.  from  debts  to  the  English  Province, 
1738... 238,  309 

Bowie,  Robert,  Governor  of  Md.,  728 
Bowling  Speak's  patent  for  Mistake,  279 
Bozman,  Mr.,  receiver,  331 
Brabant,  682 

Bradford,    Thomas,    S.J".,   42 ;    his    dis- 
obedience, 43  ;  captured  by  Turks,  43, 
44 ;  in  Italy,  46 
Brawner,  James,  surveyor,  273 
Brent,  Chandler,  721,  4 
Brent,  Daniel,  executor  of  Bishop  Carroll, 
and  claim  of  the  Corporation  against, 
300,   315,   362,  400,  44,   466,  5 ;    323 ; 
Marechal's   communication  to  Propa- 
ganda  of    letter    from,    518,    523 ;    to 
Marechal,  on  the  American   Govern- 
ment  and   the   Papal   brief,   24   Oct., 
1824.. .554,  41,  1071-1073;  on  Taney's 
opinion,  20  Dec.,  1824... 523,  554,  41, 
1076,  1077;  923 
Brent,  Harriet,  279,  923,  924 
Brent,  John,  924 
Brent,  Robert,  924 
Briant,  John,  213 
Briefs,  Papal ;  v.  Bulls 
Briefs  printed   for   the   Propaganda,  in 
Marechal's  controversy,  1088-1090 ;  v. 
Fesch,  Marechal 
Brien,  William,  257 


Bright  Seat,  White  Marsh,  250,  734 

Brinn,  England,  651 

Bristol,  England,  650,  27;  and  R. 
Plowden,  851,  9S 

Britt,  Adam,  S.J".,  from  Russia,  871, 884  ; 
the  removal  of,  from  Philadelphia, 
1811. ..874,  976,  991;  a  Jesuit  in  foro 
extcrno,  1805.. .874,  21;  sent  to  the 
German  church,  Phila.,  1808.. .973,  10 

Brittain's  Bay,  215 

Britton,  Dr.,  184 

Britton,  Temperance,  206,  215 

Britton  [Breton,  Brettou],  William,  206, 
215,  218,  1042,  1043,  6 

Britton's  Neck  and  Outlet ;  v.  Newtown 

Brooke,  Charles,  Provincial  S.J.,  1111, 
17  ;  to  the  Propaganda  on  the  restora- 
tion S.J.  in  England,  1827... 1141 

Brooke,  Eleanor,  226 

Brooke  Grove,  226 

Brooke  Grove  Landing,  255 

Brooke,  Ignatius,  S.J.,  226  ;  patrimony 
of,  255 

Brooke,  Ignatius  B.,  S.J.,  not  a  member 
S.J.  after  the  re-establishment,  628, 
2 ;  639,  640,  660,  51 ;  and  aggregation 
to  S.J.  in  Russia,  30  Aug.,  1802,  25 
Apr.,  1803... 815,  816,  820;  874,  947 

Brooke,  Ignatius  B.,  Rev.,  765  ;  admitted 
into  the  Select  Body,  27  Sept.,  1802... 
770,  786,  787,  791,  37 

Brooke,  John,  S.J. ;  v.  Poulton,  Ferdinand 

Brooke,  Matthew,  226 

Brooke,  Robert,  S.J".,  51 ;  resignation  of 
patrimony  by,  in  favour  of  Md.,  56, 
224  ;  59  ;  before  the  law,  as  incapable 
of  succession,  224-228  ;  248 

Brooke,  Thomas,  jun.,  disputes  the  right 
of  R.  Brooke,  priest  S.J.,  to  a  patri- 
mony, 224-228 ;  269 

Brooke,  Thomas,  sen.,  makes  a  bequest 
to  a  religious  purpose,  218  ;  succession 
to,  by  R.  Brooke,  224-228 

Brooke's  Content,  226 

Brookes,  Leonard,  S.J".,  661,  51,  721,  5 

Brookfield,  Md.,  226 

Brosius,  F.  X.,  Rev.,  349,  661,  51,  765, 
769,  770,  788  ;  and  aggregation  to  S.J. 
in  Russia,  1803... 820;  822,  20,  869; 
non-resident  in  Md.,  and  excluded 
from  the  Select  Body,  1816... 883,  884 

Browers,  Rev.,  360 

Brown,  William,  541,  21 

Browne,  Aquila,  707,  9,  881 

Browne,  Levin,  Provincial  S.J.,  73-80; 
v.  Retz 

Browne,  R.,  Rev.,  572,  50,  889 

Browning,  John,  210 

Bruges,  253;  houses  S.J.  at,  1773.. .605; 
650,  27,  683,  710  ;  transferred  ;  v.  Liege 

Brussels,  39,  46,  198  ;  v.  Nuncio 

Brute,  Simon,  Bishop  of  Vincennes,  454, 
513,  3,  766;  to  Grassi,  on  S.J.  in  New 
York  and  Maryland,  6  Feb.,  1817... 
882,  945,  14 ;  948 


INDEX 


1167 


Brzozowski,  Thaddeus,  General  S.J.,  296, 
377,  388,  1 ;  patents  of,  to  J.  A.  Grassi, 
4  Oct.,  1811... 389,  2;  patents  of,  to 
R.  Molyneux  and  to  C.  Neale,  440,  26, 
821,  IS,  967,  1033  ;  391 ;  petition  of,  to 
Pius  VII.,  answered  by  the  Soveroli 
rescript,  1813.. .512,  843,  79 ;  v.  Scvcr- 
oli ;  to  Stone,  on  the  Severoli  rescript, 
25  Jan.,  4  May,  10  July,  1814... 513,  2, 
844, 80  ;  to  Strickland,  on  Consalvi's  de- 
claration, 2  July,  1802,  as  to  the  status 
of  Jesuits,  23  Oct.,  1807.. .817,  6;  to 
Grassi,  appointing  him  superior,  16 
Oct.,  1  Nov.,  1811. ..833;  on  George- 
town, the  Corporation  and  Carroll,  10 
May,  1812... 833,  834,  837,  64,  841,  73, 
876,  25;  839,  68;  to  Carroll,  20  Nov., 
1811,  15  Sept.,  1812.. .844;  to  Grassi, 
on  the  bull,  Sollicitudo,  845,  846,  948  ; 
on  the  Jesuits  and  citizenship  in  Md., 
8  July,  1813... 865,  142 ;  on  the  status 
of  Jesuits,  on  New  York  and  George- 
town, 30  Sept.,  1813. ..865,  142;  on 
Kohlmann's  vicar-generalship,  N.Y., 
865,  142 ;  and  the  admission  into  S.J. 
of  members  from  other  Orders,  865, 
142,  866,  144 ;  to  Grassi,  on  travelling 
expenses  from  Russia,  8  July,  1813... 
871 ;  and  suspending  the  administra- 
tion of  the  Corporation,  1818. ..895; 
despatches  Kenny  as  visitor  to  Md.,  895 

To  Strickland,  on  the  title  of  ordina- 
tion for  members  S.J.  in  Ireland  and 
England,  10  Feb.,  1810,  25  Dec.,  1811.... 
975,  11 ;  to  C.  Neale,  on  ditto  in  U.S. 
and  status  of  S.J.,  10  May,  1810... 975, 
11,  979,  23;  on  the  Papal  brief  en- 
trusted to  Concanen,  31  May,  1811... 
979, 23 ;  v.  Concanen ;  to  Grassi,  3  June, 
1811. ..979,  23,  982,  32;  to  C.  Neale,  on 
the  authority  given  to  Carroll  in  the 
use  of  members  S.J.,  1  Mar.,  1811... 
979,  980;  on  the  Pope's  approval  of 
S.J.  in  U.S.,  and  the  promised  brief, 
980;  on  the  status  S.J.,  17  Apr.,  1811 
...980,  981;  on  the  significance  of  P. 
Kohlmann's  dispensation,  981,  30 ;  v. 
Kohlrnann,  Paul ;  on  Carroll,  31  May, 
1811... 979,  23,  982;  to  Carroll  on  C. 
Neale,  8  Sept,  1811..  389,  2,  873,  19, 
874,  21,  983,  991,  60 ;  to  C.  Neale,  on 
deference  due  to  Ordinaries,  8  Sept., 
1811... 389,  2,  983  ;  to  C.  Neale,  Grassi, 
Kohlmann,  on  Grassi  made  superior, 
16  Oct.,  1811... 987-989,  991,  60;  on 
apologies  to  the  bishops,  and  privileges 
S.J.,  389,  2,  988;  letters  to  C.  Neale, 
on  observing  the  institute  S.J.,  1809- 
1811. ..990,  57;  to  Carroll,  on  Kohl- 
mann, Grassi,  C.  Neale,  and  Concanen's 
brief,  989,  992 ;  to  Malou,  on  his  cor- 
respondence, 18  Mar.,  1812. ..994,  73; 
series  of  letters  from,  to  America,  1811- 
1813. ..995 

To  Dubourg,  on  the  request  for  mis- 


BRZOZOWSKI  (continued)— 
sionaries  S.J.,  25  Aug.,  1816.. .1009; 
on  the  difficulties,  11  Jan. ,1817.. .1011, 
1012  ;  on  the  formation  of  missionaries 
S.J.,  1011,  1012;  to  Perelli,  on  Du- 
bourg's  request,  12  Jan,  1817. ..1012; 
to  Grivel,  12  Jan,  1817. .. 1012  ;  1015; 
to  Kohlmauu,  on  the  alienation  of 
property,  8  May,  1818...  1034 ;  to  Grassi, 
on  the  faculty  to  be  obtained  for  alien- 
ating property,  4  Dec.,  1819. ..1034; 
to  Piguatelli,  Stone,  and  Strickland, 
on  Dr.  Troy's  Irish  claims,  and  the 
Pope's  difficulties  in  re-establishing 
S.J.,  Oct.-Nov.,  1807... 1152,  5;  suc- 
ceeded as  General ;  v.  Fortis 
BULLS,  BKIEFS,  CONSTITUTIONS,  PAPAL  : 
Bulla  Coenae,  158-161,  164,  165,  168 

Alexander  VI.  and  the  delimitation 
of  Indies,  234,  17 

Paul  III.,  confirmation  of  S.J.,  18 
Oct.,  1549... 247,  248,  490,  7,  520,  5, 
580,  1033,  1034 

Gregory  XIII.,  on  the  General  S.J., 
and  alienation  of  property,  1034,  1035 

Gregory  XV.,  formula  of  bull,  ap- 
pointing the  Bishop  of  Chalcedon, 
1622... 699,  2;  on  the  Propaganda,  22 
June,  1622... 485,  2 

Urban  VIII.,  on  S.J.  and  the  aliena- 
tion of  property,  17  Sept.,  1624,  22 
Mar.,  1626.. .896,  1034,  1035;  on  a 
vicar-generalship  and  professed  S.J., 
25  Jan.,  1632... 865,  142 

Benedict  XIV.,  on  the  co-ordinate 
jurisdiction  of  bishops  and  regular 
superiors:  Firmandis,  6  Nov.,  1744... 
997,  998,  1007 ;  Cum  nuper,  8  Nov., 
1751. ..1007,  1008;  Apostolicum  minis- 
terium,  30  May,  1753. ..391,  444,  446, 
461,  462,  479-481,  655,  37,  967,  998,  87, 
1000-1002, 4, 1008, 1017,  J  ;  Cum  alias, 
9  June,  1753.. . 1008 ;  v.  Benedict  XIV. 

Clement  XIV.,  brief  suppressing  S.J., 
1773... 368,  375,  601,  604,  606,  607,  655, 
37,  816,  839,  844,  850,  873,  874,  988, 
992  ;  v.  Antonelli,  Clement  XIV. 

Pius  VI.,  bull  founding  the  see  of 
Baltimore,  6  Nov.,  1789. ..476,  484,  698, 
699 ;  v.  Pius  VI.  ;  brief,  Catholici 
Pracsules,  on  Liege  Academy,  1778... 
653,  33;  confirmed  for  Stonyhurst 
College,  14  Feb.,  1796... 653,  33 

Pius  VII.,  brief  on  restoration  of  S.J. 
in  Russia,  7  Mar.,  1801... 816,  817,  874  ; 
in  the  Two  Sicilies,  30  July,  1804... 
817,  874 ;  to  Carroll,  entrusted  to 
Concanon  ;  v.  Concanen  ;  ordering  the 
Severoli  rescript  of  24  Dec.,  1813 
...512:  v.  Severoli;  bull,  Sollicitudo, 
re-establishing  S.J.,  7  Aug.,  1814... 
402,  49,  516,  519,  5,  817,  843,  79, 
845,  846,  853,  854,  889,  939,  31,  948, 
996,  1001,  1034,  1049,  1111,  17,  1143- 
1146,  1148  ;  brief  to  his  Treasurer,  on 


1168 


INDEX 


BULLS,  BRIEFS,  ETC.  (continued)— 

restoring  all  property  to  S.J.  re-estab- 
lished, 7  Aug.,  1814... 939,  31;  to  the 
General  S.J.,  on  Dubourg's  request  for 
missionaries,  16  Oct.,  1815...  1009, 
1010,  2;  to  L.  Neale,  on  Charleston, 
S.C.,  9  July,  1817. ..889,  32;  to  Vicars 
Apostolic,  on  S.J.  not  restored  in 
England,  18  Apr.,  1820... 1141,  1142, 
1144  ;  to  Marechal,  on  White  Marsh, 
23  July,  1822. ..308,  327,  476,  483- 
558,  passim,  576,  578,  579,  597, 905-911, 
1020,  1025,  1061,7,  1091  ;  v.  Marechal; 
publication  of  same  in  the  American 
press,  and  interposition  of  the  American 
Government,  1823  - 1826  ...  510  -  558, 
1069-1079,  passim ;  summary  of  same, 
476,  1066-1068;  to  Marechal,  on  lay 
trustees,  24  Aug.,  1822. ..463,  4;  v. 
Pius  VII. 

Leo  XII.,  brief  imparting  privileges 
to  S.J.,  11  July,  1826.. .513,  3,  943,  6; 
to  Vicars  Apostolic,  on  recognizing  S.J. 
in  England,  1  Jan.,  1829... 1142,  1147, 
1148  ;  v.  Delia  Genga 

Gregory  XVI.,  bull  appointing  Rese 
Bishop  of  Detroit,  8  Mar.,  1833... 698, 
1 ;  to  English  Vicars  Apostolic,  on 
rules  laid  down  by  Benedict  XIV.  and 
Pius  VII.,  20  June,  1835... 483,  17, 
1008,  31 ;  v.  Capellari 

Leo.  XIII.,  brief  confirming  all  pre- 
vious bulls  and  briefs  of  the  Popes 
regarding  S.J.,  13  July,  1886.. .943,  6 

Burke,  Edmund,  V.A.  Nova  Scotia,  nego- 
tiations of,  with  the  General  S.J.,  for 
a  foundation  at  Halifax,  1008,  1 ;  1048 

Butchers  Quarter,  204 

Butler,  Charles,  laioyer,  on  the  Propa- 
ganda in  an  English  civil  concern, 
1786.. .645,  646,  648  ;  856 

Butler,  Charles,  717 

Butler,  Elizabeth,  717 

Surges,  Robert,  269 

Byrne,  John,  Rev.,  candidate  for  S.J., 
Md.,  1809... 830;  835,942 


C 


CADIZ  [Gades],  college  at,  43 

Caldwell,  Mr.,  745 

Calhoun,  James,  291,  733,  3 

Calhoun,  John  C.,  Secretary  of  War,  1025 

California,  Pious  Fund  of,  938 

Callaghan,  Richard,  S.J.,  trustee  and 
administrator  of  the  Irish  ex-Jesuit 
funds,  1793-1807... 1149,  1150;  and 
aggregation  to  S.J.  in  Russia,  1803... 
1150;  will  of,  1807. ..1150;  1151-1153 

Calthorpe,  James,  261 

Calvert,  Cecil,  second  Lord  Baltimore ; 
v.  Baltimore  Cecil 

Calvert,  Charles,  Lord  Baltimore ;  v. 
Baltimore  Charles 


Calvert  Co.,  218 

Calvert,  George,  first  Lord  Baltimore ;  v. 
Baltimore  George 

Calvert,  George,  S.J.,  57,  58;  v.  Gonzalez 

Calvert  Hall,  Bo.,  314 

Calvert,  Jane,  218 

Calvert,  Leonard,  Commander,  99 ; 
Governor,  215 

Calvert,  Philip,  215,  218 

Cambridge  University,  and  the  Arch- 
bishop of  Canterbury,  157 

Campano,  Father  S.J.,  1085,  13 

Campbell,  B.  U.,  on  debts  of  Md.-Pa. 
mission  to  English  ex-Jesuits,  239 

Campbell,  J.,  bequest  of  lands  by,  to 
Ashton,  1772... 228,  631 

Campbell,  John,  Sheriff,  282 

Campbell,  Patrick,  donation  of,  to  Cone- 
wago,  347 

Campbell's  lands,  sale  of,  ordered  by  the 
Select  Body,  1784... 631;  devised  by 
Ashton  to  the  Corporation,  1810... 
717 ;  v.  Ashton 

Canada  [New  France],  5,  139, 141;  barter 
customary  in,  170;  case  of  the  Sulpician 
bishop  Lartigue,  Montreal,  1822-1827 
...584-595;  v.  Lartigue;  the  English 
Government  and  Anglican  Church 
in,  586,  588-590;  855,  111 ;  and  the 
political  status  of  S.J.  in,  1140 ;  act 
of  incorporation  for  S.J.,  1887... 1154, 
1155 

Canary  Islands,  148 

Canning,  Mr.,  Prime  Minister,  1813... 855, 
114 

Canon  law,  and  Maryland,  158 ;  v.  Bulla 
Coenae,  Laws 

Canterbury,  Archbishop  of,  and  Lewger, 
150 ;  and  Cecil,  Lord  Baltimore,  150 ; 
his  visitations,  and  Papal  bulls,  157 

Capellari,  Cardinal,  Prefect  of  Propa- 
ganda [Gregory  XVI.],  to  Marechal, 
on  nomination  to  the  bishopric  of  New 
York,  16  Dec.,  1826.. .4-62,  2;  516,  533, 
2;  to  Marechal,  on  E.  Fenwick  and 
the  Dominicans,  9  Dec.,  1826... 574; 
cited  by  Gradwell,  re  Marechal's  an- 
nuity, 1827... 1102-1104,  1108,  13, 1112, 
1126,  13,  1129  ;  1110,  1114,  1115 

Capitulars,  of  Catholic  Chapter,  London, 
and  Cecil,  Lord  Baltimore,  197 

Cape  Comfort,  102 

Cape  St.  Gregory  [Smith's  Point],  102 

Cape  St.  Michael  [Point  Lookout],  102 

Cape  Verde  Islands,  97,  99 

Caprano,  Pietro,  Secretary  of  Propaganda, 
524,  5,  528,  4,  1053,  1054;  to  the 
General  S.J.,  on  the  non-execution  of 
the  Papal  brief  in  America,  4  Dec., 
1823... 1080;  returning  documents,  20 
Dec.,  1823. ..1081;  on  a  new  conference 
of  Cardinals  with  the  General,  9  June, 
1824. ..1081;  on  the  decree,  26  July, 
1824,  of  the  Propaganda,  reforming 
previous  action,  14  Aug.,  1824. ..524,  5, 


INDEX 


1169 


1083,  9 ;  communicating  a  decree,  1 
Aug.,  1S25,  of  inquiry,  4  Aug.,  1825... 
1086 ;  on  a  new  conference,  20  June, 
between  a  committee  of  Cardinals  and 
the  General,  16  Juno,  1826... 1091, 
1092 ;  on  the  approval  of  the  General's 
undertaking  to  give  a  life  annuity  to 
Marechal,  2  Aug.,  1826... 531,  1097, 
1108,  15,  1125,  13;  on  Marechal's 
acceptance,  24  Dec.,  1826. ..531,  1098, 
1099,  1101,  1108,  15,  1116;  succeeded 
as  Secretary ;  v.  Castracane 

Caprara,  Cardinal,  1805... 838,  68 

Carhery,  Joseph,  S.J.,  trustee;  v.  Pro- 
ceedings; 304,  551,  552;  to  Marechal, 
on  Loweventown  property,  13  Mar., 
1824... 575,  52;  to  Dzierozynski,  Apr., 
1824... 575, 52;  admitted  into  the  Select 
Body,  22  Aug.,  1822.. .770,  902;  896, 
1002 

Carbery,  Thomas,  381 

Carbery,  Thomas,  Rev.,  914 

Cardigan,  Lord,  238,  254 

Carew,  Henry,  O.S.F.,  218 

Carib  Islands ;  v.  Antilles 

Carico,  Peter,  256,  257 

Carlisle,  Pa.,  property  S.J.  in,  345,  346, 
349 ;  description  and  previous  owners, 
346,  349 

Carmelite  nuns  from  Antwerp  at  Por- 
tobacco,  Md.,  827,  34;  934;  v.  Por- 
tobacco 

Carmelites,  regulars  in  England,  1724... 
998 

Carnoll,  Christopher,  213 

Carpenter,  John,  Arclibislwp  of  Dublin, 
to  the  Propaganda,  on  the  suppression 
of  the  Irish  mission  S.J.,  28  Apr.,  1774 
...1148,  1;  and  the  funds  S.J.,  1773... 
1151 

Carrafa,Vincent,  General  S.J.,  to  Duckett, 
Silesdon,  P.  Fisher,  1646-1648... 33-37  ; 
475,  1033 

Carroll,  Anthony,  S.J.,  nephew  and  heir 
of  James  Carroll,  sen.,  249,  251-253, 
662,  664,  57 

Carroll,  Anthony,  nephew  of  James  Car- 
roll, sen.,  251,  275 

Carroll,  Charles,  284 

Carroll,  Charles,  devises  lands  in  Bo.  Co. 
to  his  sons,  Charles  and  Daniel,  1718 
...313 

Carroll,  Charles,  of  Annapolis,  surgeon, 
trustee  of  James  Carroll,  sen.,  249,  251 

Carroll,  Charles,  devisee  and  trustee  of 
James  Carroll,  sen.,  249-251 ;  252 ;  heir 
of  lands  in  Bo.  Co.,  1718.. .313;  sells 
lot  in  Baltimore  to  G.  Hunter,  4  June, 
1764. ..313,  314 

Carroll,  Charles,  of  Carrollton,  conveys 
lot  in  Baltimore  to  Bishop  Carroll,  314, 
323 ;  327,  541,  21,  857 

Carroll,  Daniel,  heir  of  lands  in  Bo.  Co., 
1718. ..313 

Carroll,   Daniel,  property  of,  in  Wash- 


ington, and  its  value,  1826. ..545,  29; 
lots  granted  by,  for  St.  Peter's  church, 
561 

Carroll,  Daniel,  brother  of  James  Carroll, 
sen.,  249,  251,  18 

Carroll,  Daniel,  cousin  of  James  Carroll, 
sen.,  251, 18,  275 

Carroll,  Doniiuick,  cousin  of  James  Car- 
roll, sen.,  251,  .78,  274 

Carroll,  Elizabeth,  717 

Carroll,  Henry,  259 

Carroll,  Henry,  relative  of  Bishop  Car- 
roll, 845,  846,  85 

Carroll,  James,  cousin  of  James  Carroll, 
sen.,  251 

Carroll,  James,  sen.,  devisor  of  White 
Marsh,  205,  12,  235,  237,  248-252,  254, 
268,  274,  379,  17 ;  Marechal's  account 
of  his  donation,  401 ;  1042,  1121 

Carroll,  James,  S.J.,  nephew  of  James 
Carroll,  sen.,  249-252 

Carroll,  John,  Archbishop  of  Baltimore, 
230,  12;  and  remission  of  debts  due 
from  Md.  to  English  ex-Jesuits,  239, 
641 ;  to  Rossiter,  Philadelphia,  Apr.- 
July,  1802... 242-245;  on  ecclesiastical 
titles  to  property  and  lay  trustees,  242- 
244 ;  on  the  property  titles  and  policy 
of  the  Jesuits  in  Md.  and  Pa.,  242-245; 
246,  11 ;  trustee  of  the  Corporation  of 
R.  C.  Clergymen  ;  v.  Proceedings ;  276, 
277,  6' ;  and  sales  of  Deer  Creek  pro- 
perty S.  J.,  292-301,  863  ;  v.  Deer  Creek ; 
and  the  restoration  of  S.J.,  296;  funds 
for  the  same  in  U.S.,  296;  intended 
concordat  of,  with  Grassi,  superior 
S.J.,  301;  lot  in  Baltimore,  obtained 
from  C.  Carroll,  314;  transactions  of, 
re  St.  Peter's  church  and  the  new 
cathedral,  315-323  ;  v.  Baltimore  city ; 
on  the  missionaries  S.J.,  Md.,  330,  341; 
and  White  Clay  Creek,  Newcastle  Co., 
Del., 335;  v. Kenny;  on  the  preservation 
of  property  S.J.,  340,  341 ;  and  the  use 
of  Bohemia,  362 ;  on  Bitouzey  and 
White  Marsh,  367-376,  1033  ;  v.  Bitou- 
zey ;  387-1150,  passim 

To  Grassi,  1813-1815. ..367,  368,  371, 
372,  374-376;  on  an  anti-Jesuit  com- 
bination, 367,  368,  374,  841-843  ;  on  B. 
Fenwick  and  White  Marsh,  371 ;  on 
his  own  efforts  to  save  Corporation  and 
Georgetown  College  property,  for  S.J. 
when  restored,  375 ;  to  E.  Fenwick,  on 
Bitouzey,  11  June,  1814. ..373;  article 
of  a  letter  ascribed  to,  ou  property  S.J., 
377,  424,  32,  840,  72 

Delegate  of  the  General  in  re- 
establishing S.J.,  387,  388;  signature 
of,  to  synodal  article,  1810.. .390;  let- 
ters of,  to  Card.  Antonelli,  1  Mar., 
1785,  27  Mar.,  1786,  19  Apr.,  1788... 
395-397,  1044-1046;  on  mortmain  in 
Md.,  196  ;  agreement  of,  with  Robert 
Molyucux,  20  Sept.,  1805.. .398,  824, 


1170 


INDEX 


CARROL!;,  JOHN  (continued)— 

928-930  ;  v.  Concordats,  Fortis,  Mare- 
chal ;  rights  of,  to  maintenance  by  ex- 
Jesuits,  407,  8,  426,  3,  428,  S;  un- 
certain attitude  of,  towards  property 
S.J.,  411,  10;  to  Molyneux,  on  re- 
lations of  bishops  and  Jesuits,  21  June, 
1805... 424,  32,  821,  17  ;  will  of,  455,  23, 
544,  920,  27,  922,  923  ;  to  Strickland, 
2  Apr.,  3. Dec.,  1808... 455, 23  ;  to  Grass! , 
on  the  projected  concordat  with  S.J., 
31  Mar.,  1815. ..455,  25;  communicat- 
ing the  Severoli rescript,  140ct.,  1814... 
513,3;  and  the  jus  patronatus  of  S.J., 
Md.,  514,  4',  v.  Jus  patronatus;  to 
Plowden,  on  the  Jesuits  in  Md.  from 
Russia,  25  June,  1815... 569,  49 

To  Plowden,  on  S.J.  suppressed,  and 
inaction  in  Md.,  Pa.,  20  Feb.,  1782... 
G08,  609 ;  his  plan  of  organization  for 
ex-Jesuits,  1782. .. 609-615  ;  on  the 
preservation  of  property  S.J.  in  Md., 
Pa.,  610;  the  former  administration 
S.J.,  610,  611,  613 ;  the  future  admini- 
stration, and  plan  thereof,  611-613 ; 
proposal  of  ex-Jesuit  districts,  612 ; 
the  ex-Jesuits  in  England,  613,  614, 
1036 ;  Papal  or  episcopal  rights.  614 ; 
to  Plowden,  on  an  organization  for  ex- 
Jesuits  and  their  property,  26  Sept., 
1783. ..494,  12,  615,  616,  634,  6,  1036, 
1037 ;  on  the  Propaganda,  615,  616 

To  Beeston,  on  the  spirit  of  S.J.  in 
the  ministry,  22  Mar.,  1788... 616, 617  ; 
and  the  Select  Body  of  Clergy  ;  v.  Ex- 
Jesuits  American ;  to  Plowcfen,  on  a 
bishopric  for  U.S.,  10  Apr.,  1784... 619, 
620;  a  vicariate-apostolic,  619,  2;  the 
Select  Body,  620  ;  on  Ashton,  I.  Mat- 
thews, Walton,  Jenkins,  27  Apr.,  1780, 
13  Dec.,  1796.. .626;  status  of,  in  the 
Select  Body,  629,  630 ;  to  Plowden,  on 
the  prefecture-apostolic,  18  Sept., 
1784.. .632,  633;  to  Antonelli,  on  ex- 
Jesuit  property,  colleges,  a  seminary, 
1  Mar.,  1785. ..395,  634,  635,  1037;  to 
Plowden,  on  the  Antonelli  correspond- 
ence, 11  July,  1798... 635  ;  to  Antonelli, 
on  political  dangers,  mortmain  and 
incorporation,  13  Mar.,  1786. ..396,  635, 
636  ;  on  the  prospects,  19  Apr.,  1788... 
397,  637  ;  v.  Antonelli,  Marechal ;  to 
Plowden,  on  moving  to  Baltimore,  29 
June,  1785. ..638,  639;  on  Ashton,  and 
debts  due  to  England,  13  Nov.,  1786... 
639,  640;  on  the  Ashton-Strickland 
controversy,  4  June,  1787,  1  Mar.,  1788 
...640,  664;  undertaking  of,  to  Strick- 
land, 29  Sept.,  1790... 641 ;  to  Beschter, 
on  the  Sir  J.  James'  fund,  30  July, 
1812... 641,  9;  to  Plowden,  on  ex- 
Jesuits,  and  use  of  their  property,  28 
Feb.,  1779... 649,  27;  the  suppression 
S.J.,  649,  27  ;  Virginia,  1779... 650,  27  ; 
660,  51 ;  to  Plowden,  on  Liege  mission- 


CARROLE,,  JOHN  (continued) — 

aries  for  U.S.,  22  Dec.,  1791. ..661,  51 ; 
on  German  missionaries,  28  Dec.,  1789, 
25  Sept.,  1790... 661,  51;  and  action  on 
the  school,  bishopric  and  incorpora- 
tion, 1786... 665-667;  to  Plowden,  on 
opposition  to  the  school,  22  Jan.-28 
Feb.,  1787.. .671,  672  ;  to  an  ex-Jesuit, 
and  L.  Neale,  on  the  opposition,  7 
Feb.,  1787.. .673-675;  on  S.J.  extinct, 
and  the  use  of  its  property,  674-679, 
1037 ;  v.  Ex-Jesuits  American ;  to 
Plowden,  on  the  school  and  bishopric, 
29  Mar.,  1787.. .680;  to  W.  O'Brien, 
10  May,  1788.. .680;  to  F.  Neale,  on 
S.J.  and  its  restoration,  19  Jan.,  1790 
...680-682;  to  Plowden,  on  the  re- 
storation S.J.,  16  Mar.,  1790... 682  ;  on 
the  preservation  of  S.J.  in  Russia,  11 
July,  13  Nov.,  1786.. .682,  683 

To  Plowden,  on  his  own  nomination 
to  the  bishopric,  8  May,  12  July,  1789 
...685  ;  and  the  mode  of  nominating  in 
future,  686,  687 ;  to  Plowden,  on  the 
dissension  at  Philadelphia,  1  Mar., 
1788... 687,  688  ;  at  Boston,  and  in  the 
Illinois,  8  May,  1789... 688;  on  La 
Poterie,  12  July,  1789.. .688;  on  the 
charge  of  Jesuitism,  23  Oct.,  1789... 
688  ;  the  Acadians  in  Bo.,  689,  4 ;  on 
turbulent  clergy,  24  Feb.,  1790... 689; 
on  Antonelli's  admonitions  touching 
Jesuitism,  7  Sept.,  13  Sept.,  1790... 
689,  690 ;  to  Antonelli,  on  misrepre- 
sentations, and  the  clergy,  27  Sept., 
1790. ..690;  letters  of,  to  Plowden,  on 
negotiations  with  the  Sulpicians,  1790, 
1791... 690,  7;  on  the  provisions  made 
for  him  by  the  Select  Body,  4  Oct., 
1790... 694;  on  the  new  Georgetown 
Academy,  13  Mar.,  1788... 695;  com- 
missioned with  Walton  for  the  pur- 
pose of  incorporation,  1786... 696,  739  ; 
on  the  bull  for  the  bishopric  of  Balti- 
more, 16  Mar.,  1790... 698 

Declaration  of,  on  the  Papal  bull 
and  the  Jesuit  estates,  26  May,  1790... 
400,  43,  410,  428,  7,  439,  699,  899-901, 
907,  937, 1038, 1045, 1046  ;  to  L.  Neale, 
on  Ashton,  5  July,  1801... 706 ;  appoint- 
ment and  status  of,  as  trustee  of  the 
Corporation,  1802. ..707,  708;  memo- 
randa of,  on  Ashton's  claims,  707,  9  ; 
Ashton  on,  in  relation  to  the  Corpora- 
tion, 708-712,  779,  2 ;  to  Molyneux,  on 
Ashton's  theory  about  the  bishop  and 
estates  S.J.,  23  Dec.,  1806.. .715;  720; 
to  Plowden,  on  Delvaux  and  Wharton, 
13  Dec.,  1798.. .722,  5;  committee  of, 
and  L.  Neale,  re  escheat  of  ex-Jesuit 
property,  1805. ..727  ;  constituent  meet- 
ing of  Select  Body  on  provision  for,  as 
bishop,  4  Oct.,  1793, 1  Sept.,  1797. ..739, 
774 

To   Plowden,   on  negotiations  with 


INDEX 


1171 


CARROLL,  JOHN  (continued) — 

Sulpicians,  2  Sept.,  1790. ..744 ;  to 
Lord  Arundell,  4  Oct.,  1790... 744,  745  ; 
to  Plowden,  on  Sulpicians  and  semi- 
narians in  Baltimore,  provisions  and 
contributions,  3  Sept.,  1791.. .745,  746; 
as  a  committee-man  of  the  Corporation, 
1796.  1800... 750,  751,  22,  752,  757,  and 
passim ;  to  Plowden,  on  the  Seminary, 
Bo.,  and  Georgetown  College,  24  Sept., 
1796... 751,  752;  on  W.  Gibson,  V.A., 
and  episcopal  interference  with  a  col- 
lege, 15  Nov.,  1794. ..751,  22,  1002,  2, 
1144,  13  ;  on  Dubourgand  the  directors 
of  Georgetown  College,  11  Dec.,  1798... 
754  ;  and  provisions  by  the  Corporation 
for  education  of  his  clergy,  1800. ..757  ; 
to  Plowden,  on  Georgetown,  dis- 
sensions with  the  Sulpicians,  and  the 
situation  of  the  Ordinary,  3  Sept.,  15 
Dec.,  1800... 757-760,  779,  2;  discon- 
nection of,  with  the  management  of 
ex-Jesuit  property,  758,  36;  to  Nagot 
S.S.,  on  his  patronage  of  the  Sulpi- 
cians, Bo.,  and  St.  Mary's  secular 
college,  758,  36 ;  Tessier  S.S.  on,  765- 
767 ;  to  Plowden,  on  Marechal  and 
Whitfield,  21  Feb.,  1809.. .766,  5;  769  ; 
pastoral  of,  on  contributions  to  divine 
worship,  772 ;  increased  provision  for, 
1797. ..774,  785,  13,  809,  1130 

Elected  a  trustee  of  the  Corporation, 
11  Aug.,  1802.. .779,  786;  aprotest,780, 
787 ;  to  Plowden,  on  H.  Pile,  10  Jan., 
1808.. .787,  IS;  on  the  Neales,30  Sept., 
1800.. .787,  18  ;  oath  of,  as  trustee,  432, 
16,  451,  12,  474,  499,  740,  789,  790;  act 
of  submission  by,  and  other  trustees, 
to  the  Select  Body,  13  Oct.,  1802... 779, 
2,  791,  792;  referendum  of,  to  the 
Select  Body,  on  the  Corporation,  and 
union  with  the  Sulpicians,  13  Oct., 
1802.. .792,  793  ;  to  Emery,  S.S.,  on  St. 
Mary's  College,  Bo.,  13  Feb.,  1801. ..787, 
49 ;  to  Plowden,  on  Georgetown  and 
St.  Mary's  colleges,  10  Jan.,  1808... 799  ; 
to  Strickland,  on  Georgetown  and  the 
Neales,  2  Apr.,  1808.. .799;  to  Moly- 
neux, on  the  patronage  of  Georgetown, 
19  June,  1  July,  1808... 800  ;  to  Plow- 
den, on  Georgetown,  the  Literary  In- 
stitution, N.Y.,  the  Seminary,  Bo.,  12 
Dec.,  1813,  5  Jan.,  1815.. .801;  on  Du- 
bourg,  25  Jan.,  1815.. .801,  802;  to  F. 
Neale,  and  Molyneux,  on  defraying  the 
expenses  of  seminarians,  Bo.,  12  Nov., 
1805,  12  May,  1806... 803 ;  to  F.  Neale, 
on  Deer  Creek,  and  slaves,  3  Oct.,  1805 
...811,812;  president  of  the  Corpora- 
tion, 813,  827,  869,  870,  9,  880 ;  to  De 
Broglie  and  Rozaven,  on  co-operating 
in  U.S.,  27  Oct.,  1800.. .814,  925,  926  ; 
v.  Paccanarists ;  to  Plowden,  on  the 
Paccanarists,  and  ex-Jesuits  U.S.,  15 
Dec.,  1800... 815 


CARROLL,  JOHN  (continued)— 

Joint  letter  of,  and  L.  Neale,  to 
Gruber,  General,  on  restoring  S.J.  in 
U.S.,  25  May,  1803... 817-819;  on  the 
reversion  of  its  property  to  S.J.,  376, 
713,  819 ;  paper  of,  on  the  genuine 
form  of  S.J.,  1795.. .818,  13,  847,  87; 
to  Molyneux,  appointing  him  superior 
S.J.  in  U.S.,  21  June,  1805.. .424,  32, 
820,  821 ;  patents  of,  to  Molyneux,  27 
June,  1805... 821;  to  Stone,  on  the  re- 
establishment  S.J.,  and  the  question 
of  abdicating  his  see,  with  L.  Neale, 
Aug.,  1805.. .822,  827,34  ;  to  Molyneux, 
on  continuing  the  Corporation  pro 
forma,  1805... 824;  grant  of  Bohemia 
to,  as  provision,  11  Sept.,  1806... 826, 
827  ;  to  Molyneux,  on  C.  Neale  at  St. 
Thomas's,  19  Dec.,  1806.. .827,  828  ;  to 
Plowden,  on  Troy,  Concanen,  Irish 
property,  American  affairs  S.J.,  and  the 
Propaganda,  2  June,  1809... 830,  831, 
1037,  1150;  to  Molyneux,  on  Irish 
affairs,  9  July,  1808.. .830,  43;  Grassi 
on  the  character  of,  831,  46 ;  to  Grassi 
and  the  General  on  the  status  of 
Georgetown  College,  9  July,  1812,  28 
Jan.,1814... 833, 834,844, 1033;  to Besch- 
ter,  on  Byrne,  Pennsylvania  diocesan 
affairs,  and  the  heirs  of  S.J.,  30  July, 
1812.. .641,  9,  834,  835;  and  the  heri- 
tage of  S.J.  in  Md.,  Pa.,  1812.. .835,  60; 
to  Grassi,  on  the  Corporation,  invalids 
S.J.,  and  the  novitiate,  31  Dec.,  1812... 
838,  839 ;  the  canonical  restoration 
S.J.,  839;  on  Bitouzey's  hostility,  and 
the  novitiate,  30  Apr.,  1813... 840;  to 

E.  Feuwick,  on  the  novitiate,  28  May, 
1813... 841;    on  Grassi,   and  an   anti- 
Jesuit  combination  in  the  Select  Body, 
8    June,   1813.. .841-843;    the  Jesuits 
from   Russia,  843  ;  to  Grassi,  on  the 
novitiate  and  White  Marsh,  St.  Inigoes, 

F.  Neale,  23  July,  1814... 842,  76  ;   the 
whole  control   of    Corporation  affairs 
in  the  hands  of,  842,  76  ;  to  Plowden, 
on  hostility  to  S.J.,  14  Dec.,  1813.. .842, 
77;  to  the  General,  on  Grassi,  Kohl- 
mann,  and  the  property  S.J.,  28  Jan., 
1814.. .844,    845;    to    Grassi,   on   the 
Propaganda,  and  the  canonical  restora- 
tion S.J.,  30  Aug.,  1814... 845,  83  ;  and 
the    bull,    Sollicitudo,    845,   941;    to 
Grassi  on  the  bull,   10   Dec.,  1814... 
846,  941 

To  Grassi,  on  an  understa?iding 
between  the  bishops  U.S.  and  S.J., 
17  Dec.,  1814. ..846,  847,  942;  a 
pastoral  on  the  re-establishment,  847, 
853,  859,  943 ;  policy  of,  towards  S.J. 
restored,  1814...  847,  87,  848,  88; 
to  Grassi,  on  the  re-organization  of 
S.J.,  stations  in  the  diocese,  Kohl- 
mann's  vicar-generalship,  N.Y.,  27 
Dec.,  1814... 374,  847,  87,  848,  849,  942, 


1172 


INDEX 


CARROLL,  JOHN  (continued) — 

943 ;  to  Plowden,  011  the  restoration, 
the  Corporation,  the  re-entrance  of 
himself  and  L.  Neale  into  S.J.,  5  Jan., 
1815... 849,  850;  on  successors  in  the 
see  of  Baltimore,  unfriendly  to  S.J., 
850 ;  to  Grassi,  in  vindication  of  his 
policy  towards  S.J.,  21  Feb.,  1815... 
374-376,  850-852,  943,  944 ;  the  value 
of  aggregation  to  S.J.  in  Russia,  851 ; 
theological  opinions  of,  and  of  other 
ex-Jesuits,  846,  87,  851,  98,  987,  48 ; 
Grassi  on  the  policy  of,  towards  S.J. 
in  U.S.,  852,  853;  to  Grassi  on  the 
novitiate  at  Washington,  and  Ashton's 
•will,  16  Mar.,  1815.. .853,  854,  881,  44, 
944 ;  to  Plowden,  on  the  American 
Government  and  religious  life,  the 
reversion  of  property  to  S.J.,  and 
hostility  in  England,  20  Mar.,  1815... 
854-856,  886,  19,  1144,  12 

To  Grassi,  on  a  concordat  with  S.J., 
and  on  Kohlmann,  V.G.,  New  York, 
31  Mar.,  1815.. .856,  857,  926,  944,945; 
v.  Concordats ;  list  of  stations  to  be 
under  the  direction  S.J.,  856,  860, 954  ; 
W.  V.  Harold  and  property  S.J.,  Phila- 
delphia, 857 ;  on  Georgetown  College 
and  ecclesiastical  education,  7, 19  May, 
1815... 858-860;  disaffection  of  the 
clergy  towards  S.J.,  859,  861 ;  a  fund 
to  be  raised  for  ecclesiastical  education, 
859 ;  on  the  concordat,  19  May,  1815... 
860;  and  the  acquisition  of  Bohemia, 
1815... 860;  to  Plowden,  on  Grassi  and 
European  Jesuits  in  Md.,  25  June, 
1815.. .860,  861;  to  L.  Neale,  on 
Harold,  the  Propaganda  and  property 
S.J.,  18  July,  1815.. .861;  to  E.  Fen- 
wick,  and  F.  Neale,  on  Bohemia,  1 
June,  26  July,  10  Sept.,  1815... 861-863  ; 
to  Grassi,  on  outlay  of  funds  for  Deer 
Creek,  on  Georgetown  and  clerical 
students,  25  Aug.,  1815. ..299,  862,  863  ; 
to  Plowden,  on  the  Veto,  and  S.J.  in 
England,  13  Oct.,  1815. ..855,  864; 
Grassi  on,  and  the  Corporation,  864, 
865  ;  866  ;  policy  of,  in  episcopal  juris- 
diction, and  property  questions,  847, 
87,  867,  943,  4 

To  Molyneux,  on  transactions  of 
Kenny  and  Rosseter,  24  Nov.,  1806... 
870,  871 ;  to  C.  Neale,  on  joint  arrange- 
ments for  mission  stations,  4  Jan., 
1811... 872,  873;  to  Grassi,  on  McGinn 
and  Griffin,  12  Nov.,  1814... 872,  18; 
to  the  General,  on  C.  Neale,  harmony 
with  the  bishops,  and  the  status  S.J., 
25  May,  1811. ..873,  874,  981;  and 
Britt's  removal  from  Philadelphia, 
874,  21 ;  to  Grassi,  on  the  sale  of  Deer 
Creek,  24  Mar.,  19  Apr. ,  1814. .  .876,  24 ; 
to  Plowden,  on  N.  Young,  10  Jan., 
1808  ...881,  44;  last  attendance  as 
trustee,  29  June,  1815,.. 881,  45;  and 


CARROLL,  JOHN  (continued)— 

the  condition  of  Md.  citizenship  for 
the  Select  Body,  1808... 871,  14,  884; 
accounts  of  the  Corporation  with  the 
executors  of,  1816, 1817.. .858,  123,887  , 
888  ;  of  the  English  province  S.J.,  with 
same,  1820... 902 

To  Grassi,  on  an  understanding 
between  Ordinaries  and  the  Jesuit 
superior,  10  Dec.,  17  Dec.,  1814. ..941, 
942 ;  on  missionary  appointments,  14 
Oct.,  12  Nov.,  1814... 941, 1 ;  exceptions 
to  a  re-organization  of  the  Md.-Pa. 
mission  S.J.,  27  Dec.,  1814.. .374,  848, 
942,  943  ;  on  privileges,  S.J.,  an  under- 
standing with  Ordinaries,  and  ecclesi- 
astical education  at  Georgetown,  21 
Feb.,  1815. ..375,  850-852,  943-945;  on 
a  pastoral,  re  S.J.  restored,  the  no- 
vitiate at  Washington,  a  concordat 
with  S.J.,  16,  31  Mar.,  19  May,  1815... 
859,  860,  944,  945 ;  to  E.  Fenwick,  on 
the  Corporation,  1  June,  1815.. .946, 
947 

To  Card.  Delia  Somaglia,  on  Egan's 
petition,  re  a  Franciscan  province  in 
U.S.,  11  Dec.,  1903. ..970;  relations  of, 
with  Molyneux,  superior  S.J.,  1807, 
1808. ..973,  10;  with  C.  Neale,  1809- 
1812... 973-996;  to  C.  Neale,  on  the 
disposal  of  men,  and  the  status  S.J., 
11  Sept.,  1810  ...  973-975,  989,  3; 
authorization  of  the  General  S.J.  to 
Carroll,  for  the  disposal  of  men,  974; 
to  Molyneux,  on  ditto,  7  Apr.,  1807, 
19  Sept.,  1808. ..916,  9,  973,  10, 979, 26  ; 
on  the  observance  of  the  constitutions 
S.J.,  19  June,  1808.. .974, 10  ;  to  Stone, 
on  the  status  S.J.,  the  title  of  ordina- 
tion, and  harmony  of  himself  and  L. 
Neale  .with  S.J.,  31  Jan.,  1814.. .975, 
12;  and  the  joint  pastoral  of  the 
bishops,  15  Nov.,  1810.. .972,  5,  976; 
and  regulations,  with  the  synodal 
article,  15  Nov.,  1810.. .976,  977,  979, 
26 ;  endorsement  of,  on  C.  Neale's 
letter,  28  Nov.,  1810.. .424,  32,  977; 
the  General  on  the  policy  of,  1811... 
979, 23,  98-2  ;  letters  of,  to  the  Generals 
S.J.,  1804-1S07  ...  980,  27;  to  the 
General,  on  the  status  S.J.,  and  C. 
Neale,  25  May,  1811... 873,  874,  981, 
983,  987,  49 ;  to  Grassi,  on  misrepre- 
sentations sent  to  the  General,  27  Oct., 
1811. ..988,  989;  to  C.  Neale,  on  the 
case  of  Rantzau  and  Egan,  the  ante- 
cedents of  S.J.,  and  actual  status,  5 
Nov.,  1811  ...989-992;  the  brief  en- 
trusted to  Concanen,  991,  992 ;  to 
Kohlmann,  on  C.  Neale's  letter,  8  Oct., 
1811,  re  Rantzau,  1811. ..984,  41,  993; 
v.  Neale,  C. ;  to  Plowden,  on  the  meet- 
ing, 1810,  of  the  bishops,  27  Jan., 
1812... 994;  B.  Fenwick's  appreciation 
of,  1811. ..982  ;  v.  Synodal  article  ;  and 


INDEX 


1173 


CARROLL,  JOHN  (continued)— 

the  name  of  the  Corporation,  Vespre 
on,  1126,  15  ;  and  the  loan  of  Jesuit 
mission  books  and  archives,  1132,  36 

Carroll,  Michael,  249,  251,  IS,  252 

Carroll,  Mr.,  863 

Carroll,  Rev.,  661,  51 

Carrollsburg,  White  Marsh,  235,  248, 
250,  733 ;  v.  White  Marsh 

Carrolsburg,  Washington,  D.C.,  718 

Carteret,  Philip,  S.J.,  72,  73;  v.  Retz 

Gary,  John,  309 

Gary,  John  B.,  S.J.,  229,  (e),  256,  272, 
279,  376 ;  removal  of,  to  Georgetown, 
without  Marechal's  concurrence,  1820 
...445,  966,  1003-1006;  v.  Synodal 
article ;  551,  559;  purchase  of  land  by, 
at  Newport,  719 ;  admitted  into  the 
Select  Body,  14  Feb.,  1816.. .770,  883; 
847,  946,  14,  978,  996,  80,  1042 

Castelli,  Joseph  M.,  Cardinal,  and  Prefect 
of  Propaganda,  instructions  of,  to 
Challoner,  V.A.  London,  on  the  sup- 
pression S.J.,  25  Aug.,  1773.. .602 

Castiglione,  Cardinal  [Pius  VIII.],  472, 
475,  521,  9,  524,  5,  549,  35,  1052,  1056, 
1058 ;  appointed  arbitrator  in  the 
Marechal  controversy,  3  June,  1822... 
1060;  1067,  1081-1083,  1085,  1091, 
1093  ;  opinion  of,  on  the  memorial  of 
Baines,  1828... 1147 

Castlereagh,  Lord,  Prime  Minister,  1799 
...855,  114 

Castracane,  C.,  Secretary  of  Propaganda, 
516,  533,  2  ;  to  Pavani,  Vicar  General 
S.J.,  on  Whitfield's  claims,  10  June, 
1829. ..1112,  1115,  1116,  13;  to  the 
General  Roothaan,  on  the  command 
of  the  Pope,  28  July,  1829. ..1112, 1116, 
1117,  1119;  succeeded  as  Secretary; 
v.  Mai 

Cathedral,  Baltimore  ;  v.  Baltimore  city 

Catholic  Seminary,  Washington,  B.C., 
381 ;  v.  Washington 

Causin's  Manor,  St.  Thomas's,  272 

Causse,  J.  B.,  Recollect,  691 

Cavalchini,  Cardinal,  1083 

Cazot,  Father  S.J.,  last  survivor  of 
ancient  Canadian  mission  S.J.,  855, 
111 

Cecil  County,  Md.,  208,  (d),  210,  220, 
221,  223,  224,  271,  285,  293,  296,  328 

Cedar  Point,  St.  Thomas's  Manor,  232 ; 
rents  of,  1824... 362;  condition  of,  362  ; 
extent  and  yield  of,  1824-1830... 379, 
381 ;  694 ;  a  church  to  be  built  at, 
1813,  1816... 877,  883,  884;  v.  Proceed- 
ings 

Centerberry,  257 

Cerfomont,  Stanislaus,  S.J.,  660,  51,  721, 
5,  769 

Chalcedou,  Bishop  of,  controversy  as  to 
jurisdiction,  8  ;  formula  of  bull  for  W. 
Bishop,  1022... 699,  ^ 

Challoner,    Richard,   V.A.,  London    dis- 


trict, England,  statement  of,  relative 
to  Sir  J.  James'  foundation,  261,  262  ; 
263  ;  to  the  Propaganda,  and  C.  Stonor, 
on  the  suppression  S.J.,  10,  17,  24 
Sept.,  1773... 601-605  ;  on  the  annuities 
due  to  ex-Jesuits,  603,  604,  664,  57; 
document  of,  to  the  American  Jesuits, 
6  Oct.,  1773. ..606;  opinion  of,  on  uses 
of  ex-Jesuit  property,  England,  648  ; 
to  the  Propaganda,  on  missions  in 
America,  2  Aug.,  1763... 965 

Chamberlain,  James,  S.J.,  91 ;  in  Derna- 
rara,  1773... 607,  6,  661,  51 

Chamberlain,  James  ;  v.  Pearse 

Champney,  Dr.,  182 

Chandler's  hill,  717 

Chapel  land,  St.  Mary's  city,  201,  3,  214, 
215,  232,  233,  269 ;  Marechal  on  extent 
of,  541 ;  733 

Chapels,  dedication  of,  sufficient  for  the 
privileges  S.J.,  28 

Chapman,  Henry  H.,  J.P.,  293,  294,  735 

Chapter  of  the  Select  Body  of  Clergy  ;  v. 
Ex-Jesuits  American 

Charinton,  Thomas,  213 

Charles  Borromeo,  St.,  616 

Charles  Co.,  Md.,  207,  215,  222,  232; 
Marechal's  pastoral  to  Catholics  in, 
246 ;  250,  254,  256,  264,  269-274,  277- 
279,  281,  299,  345 

Charles  II.,  855,  115 

Charles  the  Welshman,  213 

Charleston,  S.  C.,  572,  50,  889,  896,  914, 
958;  status  of  diocese,  1821. ..959; 
1001,  1003,  12,  1137,  3;  v.  England,  J. 

Charlestown,  841 

Charter  for  Maryland,  247,  12 

Charter  of  the  Corporation  of  R.  C. 
Clergymen  ;  v.  Assembly  of  Md.,  Cor- 
poration 

Cheney's  Adventure,  White  Marsh,  733, 
736 

Cheney's  plantation,  White  Marsh,  250, 
733 

Chesapeake  Bay,  15,  102,  147,  287,  329 

Chester  River,  220 

Chetharn,  Edward,  224 

Chetham,  Hannah,  224 

Cheverus,  John,  Bishop  of  Boston,  and 
the  synodal  article,  1810. ..390;  910, 
959,  972,  976,  978,  982,  994 

Chew,  Samuel,  251 

China,  147;  Vicars  Apostolic  of,  and  S.J., 
671 ;  981,  31,  1006 

Chinese  mission,  60 

Christian  Brothers,  Baltimore,  314 

Cincinnati,  diocese  of,  570,  959  ;  v.  Fen- 
wick,  Edward 

Ciquard,  Francis,  S.S.,  746,  764 

Claines,  Worcester,  England,  230 

Clare,  John,  S.J. ;  v.  Warner,  J.  C. 

Glarcmoiit,  New  Hampshire,  570 

Clarke,  John,  Provincial  S.J.,  46,  47  ;  v. 
Oliva 

Clarke,  Robert,  surveyor,  202,  5,  201,  215 


1174 


INDEX 


Clay,  Henry,  Secretary  of  State  U.S., 
596;  and  Harold's  appeal,  1828.. .1110 

Clayborne,  William,  104 

Clement  XIV.,  and  the  suppression 
S.J.,  1773.. .368,  375,  601,  604;  Card. 
Antonelli  on,  to  Pius  VI.,  1775... 606, 
4 ;  607,  650,  27,  655,  37  ;  v.  Bulls 

Clements,  George,  277 

Clempson,  Ignatius,  S.J.,  67 

Clergy,  maintenance  of,  by  landed 
estates;  v.  Mortmain;  by  tithes,  543, 
25,  914,  3,  1056,  3  ;  by  voluntary  con- 
tributions, 545,  30;  and  voluntary 
service  in  a  diocese,  573,  874,  21 ;  v . 
Councils ;  maintenance  of,  by  the 
Select  Body  of  Clergy,  369,  430,  12, 
628,  3,  642,  687,  688,  721,  738,  810,  838, 
67,  854,  855 ;  pensions  and  aids  to ;  v. 
Proceedings  ;  contributions  to,  limited 
by  the  Select  Body,  Nov.,  1786... 642  ; 
withdrawn  with  faculties,  687,  688, 
710 ;  v.  Ex-Jesuits  American ;  the 
influx  of,  1788-1790... 687-690,  904,  34; 
subvention  for,  from  the  Corporation, 
1799... 753,  27  ;  education  of,  provided 
for  by  the  Corporation,  1800-1806 ;  v. 
Carroll,  Corporation,  Sulpicians  Bo.; 
French,  in  U.S.,  759,  37;  and  Carroll, 
re  property  S.J.,  Md.,  852,  853  ;  Carroll 
on  disaffection  of,  towards  S.J.,  1815... 
859,  861;  and  subventions  of  the 
Corporation  for  education  of,  1814... 
880,  40 ;  for  sacred  oils,  887 ;  with- 
drawn, 10  June,  1818.. .887,  21,  893; 
all  allowances  to,  withdrawn,  22  Aug., 
1820.. .902;  Marechal  on,  1818. ..913, 
957 ;  reviewed  by  C.  Neale-B.  Fen- 
wick,  1822.. .916,  917;  at  Jesuit 
stations,  1817... 956,  962-964  ;  educated 
at  the  expense  of  Georgetown  College, 
437,  962;  and  S.J.,  Gradwell  and 
Wiseman  on,  1824,  1829... 1053,  1083, 
1115 ;  of  a  diocese,  and  regulars  in  a 
diocese,  Marechal  and  Dubourg  on, 
553,  40,  1136-1138;  v.  Ex-Jesuits 
American,  Marechal 

Clinton  factory,  380,  19 

Cloriviere  [Pigot],  Pierre  de,  S.J.,  689, 
1009,  1011 

Cob-Neck,  384, 965  ;  v.  Newport 

Coke,  Lord  Chief  Justice,  1031 

Cole,  Edward,  228,  229 

Cole,  Richard,  213 

Colford,  Thomas,  S.J.,  17 

College,  foundation  for,  in  Md.,  25,  31 ; 
conditions  necessary  for  assuming 
missionary  obligations,  38,  39 ;  condi- 
tions applicable  to  legacies  for,  39,  40  ; 
v.  Society  of  Jesus 

Collingridge,  B.  P.,  V.A.,  Western  dis- 
trict, England,  and  the  restoration  of 
S.J.  in  England,  1828.. .1141,  1143, 
1146 

Cologne,  166,  187 

Combs,  Ignatius,  S.J.,  551 


Compton,  James,  213 

Con,  George,  Papal  envoy  to  England, 
23 

Concanen,  Richard  L.,  Bishop  of  New 
York,  Carroll  on,  and  S.J.  in  U.S., 
1809... 831;  Papal  brief  entrusted  to, 
re  restoration  S.J.,  978-980,  982,  991, 
992  ;  1151 ;  papers  of,  on  Troy's  claim 
to  the  funds  of  the  Irish  mission  S.J., 
1808,  1809.. .1152 

Concordats  : 

Agreement  between  Corbie,  Pro- 
vincial S.J.,  England,  and  G.  Hunter, 
superior,  Md.-Pa.,  1759... 308,  309,  640, 
657-659,  662,  663 

Between  Bishop  Carroll  and  Robert 
Molyneux,  S.J.,  20  Sept.,  1805.. .398, 
402,  403,  424,  32 ;  v.  Fortis,  Marechal ; 
514,  4,  813,  824,  825,  27,  867,  868,  894, 
1046;  text  of,  929,  930;  Marechal's 
reproductions  of,  402,  403,  424,  32,  931, 
932 

Projected  between  Carroll  and 
Grassi,  455,  25,  847,  87,  848,  89,  852, 
853,  856,  857,  859,  860,  941-946 

Between  L.  Neale  and  Grassi,  3 
Apr.,  1816..  301,  302,  307;  Marechal 
on,  458,  459;  560,  48,  848,  89,  888, 
889 ;  interpreted  by  E.  Feiiwick  and 
W.  Matthews,  1817... 458,  30,  560,48, 
890,  954 ;  946,  15,  948-952 ;  text  of, 
952,  953  ;  965,  968,  969  ;  v.  Marechal 

Projected  by  the  General  S.J.,  re 
Marechal's  claims,  1822. ..472-475, 
1056-1065  ;  v.  Fesch,  Fortis 

Between  Dubourg  and  C.  Neale,  on 
the  missions  S.J.  of  Upper  Louisiana, 
19  Mar.,  1823...  1021-1024 

Desired  by  Marechal  with  Dziero- 
zynski,  1824... 565,  968, 19 

Origin  of,  between  Ordinaries  and 
S.J.  in  U.S.,  925-927 

Conditions  of  Plantation  for  Maryland, 
1633. ..146;  new  Conditions,  and  oath, 
1641. ..162;  Lewger's  account  of,  164, 
165;  fulfilled  by  missionaries,  201, 
210-214;  not  fulfilled  by  the  Pro- 
prietary, 201,  2  ;  215,  220,  234,  17 

Conell,  Michael,  S.J.,  69 

Conewago,  Pa.,  contributions  from,  to 
the  mission  S.J.,  241 ;  Carroll  on  title 
S.J.  to  property  at,  243  ;  245,  275,  276, 
6  ;  devised  by  wills  of  Lewis  and 
Robert  Molyneux,  344,  345,  348; 
description  of,  346-348,350;  donation 
of  P.  Campbell  to,  347;  G.  Hunter's 
report  on,  1765... 351  ;  income  from, 
1824... 362;  376;  extent  and  yield  of, 
1824-1830... 379,  381;  467,6;  debt  of, 
1824. ..535, 3  ;  612, 691 ;  v.  Proceedings ; 
condition  of,  1820... 898;  use  of,  by 
secular  clergy,  916 ;  941,  1 ;  A.  Marshall 
at,  941,  1 

Connolly,  John,  Bishop  of  Neio  York, 
525,  572,  50,  864,  959 


INDEX 


1175 


Consalvi,  Cardinal,  Secretary  of  State, 
Prefect  of  Propaganda,  to  Marechal, 
on  Irish  priests,  25  Slay,  20  July,  1822 
...462,  2;  on  nomination  to  bishoprics, 
20  July,  1822.. .462,  2  ;  on  lay  trustees, 
27  July,  1822... 463,  4;  482;  on  the 
status  of  ex-Jesuits  aggregated  to  the 
Russian  province  S.J.,  2  July,  1802... 
816,  817,  6;  1049;  prefect  of  Propa- 
ganda, 1824... 1053  ;  and  J.  Q.  Adams, 
Secretary  of  State  U.S.,  554,  1071, 
1075  ;  to  Poynter,  for  the  English  Go- 
vernment, that  S.J.  was  not  restored 
in  England,  18  Apr.,  1820... 1141-1146 
Considine,  S.J.,  1150 
Constable,  Ignatius,  S.J.,  66 
Constantinople,  V.A.  of,  to  the  Propa- 
ganda, on  S.J.  missionaries,  1805... 939, 
68 

Constitution  S.J. ;  v.  Society  of  Jesus 
Constitutional  Convention,  Md.,  1776... 

293,  294,  21,  724,  2 

Conveniency,  Deer  Creek,  292,  297,  304 
Conway  [Wright],  William,  S.J".,  81 
Con  well,  Henry,  Bishop  of  Philadelphia, 
and  the  Sir  J.  James'  foundation,  245, 
261,  359,  360;  to  A.  Marshall,  1821-1824 
...359-361 ;  the  property  S.J.  in  Phila- 
delphia, and  lay  trustees,  359 ;  to 
Kohlmann,  1  Dec.,  1823... 359,  360,  926, 
927 ;  missionary  societies  for  the 
diocese,  359 ;  due  regard  for  privileges 
S.J.,  359;  Sir  J.  James'  fund  claimed 
by  him,  359-361;  offers  of,  to  S.J., 
360 ;  desires  Kohlmann  to  be  Vicar 
General,  360  ;  use  by,  of  property  S.J., 
360;  to  Dzierozynski,  12  Jan.,  1824... 
360,  361 ;  claim  of,  to  property  S.J., 
361 ;  answer  to,  from  Propaganda,  361 ; 
put  in  possession  of  St.  Mary's  church, 
Philadelphia,  by  F.  Neale,  1825... 363, 
364;  to  F.  Neale,  on  St.  Mary's  church, 
and  claims  to  rents  at  St.  Joseph's,  18 
June,  1828.. .364,  876,  .26  ;  959 

Copley,  Thomas  [Fisher,  Philip],  21- 
32;  v.  Vitelleschi ;  36-38;  v.  Carrafa; 
39;  v.  Piccolomiui;  and  St.  Mary's  city, 
113,  118,  122  ;  transported  to  England, 
1645... 125,  126;  returns  to  America, 
126 ;  to  the  General,  1  Mar.,  1648... 128, 
129 ;  acquisition  of  title  by,  to  28,000 
acres  of  land  in  Md.,  and  assignments, 
201-204,  212,  213,  215;  assignment 
by,  of  Piscataway  to  Lewger,  216 ; 
232,  13  ;  and  Lewger's  exactions,  543, 
25 ;  1030,  1043 

Corbie,     Henry,     Provincial     S.J., 
Ordinations  of,  for  Md.-Pa.  mission,  2 
Apr.,1759... 240,241, 267,268,337, 54;  on   j 
the  economic  basis  of  the  mission,  240,    j 
241 ;    concordat  of,   with  G.   Hunter,   j 
superior,  1759 ;  v.  Concordats  ;  outlay 
of,  and  income,  1761... 657,  39  ;  Heads, 
for  report  of  the  superior,  Md.,  2  Apr., 
1759... 1033 


Corporation  of  Roman  Catholic  Clergymen, 
or  the  Select  Body  of  Clergy  incorpo- 
rated ;  v.  Ex-Jesuits  American ;  acts 
of;  v.  Proceedings;  indenture  between, 
and  J.  Quinby,  18  Dec.,  1804... 260, 
261 ;  270 ;  indenture  between,  aud 
T.  C.  Reeves,  12  June,  1815... 272; 
power  of  attorney  from,  to  Bishop 
Carroll,  31  Mar.,  1797.. .276,  277,  6; 
291,  292,  297-299 ;  judgment  obtained 
by,  against  D.  Brent,  executor  of 
Carroll,  300,  466,  5 ;  to  Marechal,  on 
Deer  Creek,  1821. ..299,  300,  306-308; 
disposes  of  Deer  Creek  funds,  302 ; 
power  of  attorney  to  A.  Marshall,  for 
Deer  Creek  sales,  304,  308;  general 
statement  of,  as  to  origin  and  tenure 
of  the  property,  307,  308,  420 ;  offer  to, 
of  S.  Lilly's  property  at  Frederick,  313 

Transactions,  re  St.  Peter's  church 
and  the  cathedral,  Baltimore,  1804- 
1824  ;  v.  Baltimore  city ;  and  Eutaw 
St.  ecclesiastical  property,  315 ;  ex- 
clusively S.J.,  1816... 319;  332,  334; 
v.  Mill  Creek  Hundred,  West  Chester  ; 
sale  of  Mill,  Creek  property  by,  to 
P.  Kenny,  1810.. .335;  property  in  Pa., 
possessed  by,  1820... 345-351 ;  and  the 
novitiate,  1813... 366;  composition  of 
board,  1802-1815... 369;  cases  of  a 
trustee  suing  the  Board,  371,  10 ; 
bequest  to,  of  Truth  and  Trust,  380,  1'J 

Marechal's  summary  of  the  charter 
393 ;  a  reason  for  incorporation,  413, 
15;  the  General  S.J.  on,  435,436 ;  oath 
of,  taken  by  Carroll  and  other  trustees, 
394,  417,  23,  432,  16,  451,  12,  472-474, 
499,  739,  740,  789,  790;  Marechal's 
double  oath,  417,  23,  500,  507;  and 
debts  contracted  by  Dubourg  at  George- 
town, 3  Nov.,  1801.. .538,  ti;  debts  of, 
to  the  Roman  College,  1824. ..549,  35 ; 
church  property  at  Gettysburg,  deeded 
in  trust  to,  576,  52  ;  615 

Measures  to  establish ;  v.  Carroll, 
Ex-Jesuits  American ;  business  of, 
1794-1823. ..702-911;  v.  Proceedings; 
and  Ashtou's  resignation,  3  Nov.,  1801 
...705,  8,  794,  34 ;  Ashton  on  the  con- 
stituent meeting  of,  709-712  ;  charter 
of,  and  acts  of  the  Maryland  Assembly 
concerning,  1792-1894... 393,  402,  413- 
415,  435,  436,  722-732  ;  v.  Assembly  of 
Maryland ;  constituent  meeting  of 
Select  Body  of  Clergy,  4  Oct.,  1793 ;  v. 
Ex-Jesuits  American ;  inception  and 
name  of,  5  Oct.,  1793.. .414, 19, 729,  741, 
750,  21,  769,  789,  27,  877,  29,  884,  885, 
891,  38, 1126,  15 ;  list  of  trustees,  1793- 
1820... 741,  742 ;  and  the  use  of 
Bohemia  by  the  Seminary,  Bo.,  21 
Aug.,  1795. ..750;  on  incorporating 
Georgetown  College,  21  Aug.,  1795,  2 
June,  1796... 750,  751 ;  and  the  sale  of 
Pipe  Creek,  2  June,  1796,  29  Mar., 


1176 


INDEX 


CORPORATION     OF      ROMAN      CATHOLIC 

CLERGYMEN  (continued)— 
1797... 750-752  ;  and  Carroll,  as  a  com- 
mittee-man, 1796-1800.. .373,  750-752, 
757,  and  passim ;  on  Bohemia  and  the 
Sulpicians,  4  Sept.,  1797... 752,  753  ;  on 
Georgetown  and  the  Sulpicians,  3  Dec., 
1798... 753;  a  subvention  for  the 
clergy,  9  Oct.,  1799.. .753,  27;  on  in- 
corporating the  estates  in  Pa.,  3  Dec., 
1798,  9  Oct.,  1799.. .753,  754,  29; 
settlement  with  the  Sulpicians,  re  | 
Bohemia,  9  Oct.,  1799,  2  Jan.,  1801... 
756,  760;  and  defraying  expenses  for 
the  education  of  the  clergy  by  the 
Sulpicians,  12  May,  1800.. .751,  777; 
on  philosophy  at  Georgetown,  29  July, 
1800,  3  Nov.,  1801. ..757,  761,  777; 
pensions  and  aids  to  the  clergy, 
management  of  the  estates,  and 
business ;  v.  Proceedings 

Conflict  of,  with  representatives  of 
the  Select  Body,  1795... 772;  and  the 
Sir  J.  James'  fund,  1795... 773;  in- 
creased provision  for  the  bishop,  1,  4 
Sept.,  1797.. .774,  785,  13;  Carroll 
elected  member  of  the  board,  11  Aug., 
1802... 779,  786;  a  protest  against  the 
meeting,  780,  785,  787  ;  issue  between, 
and  the  Select  Body,  1794-1 302... 780- 
792 ;  ruling's  of  constitutional  com- 
mittee, 1  Sept.,  1797... 784,  785;  act  of 
submission  by,  to  the  Select  Body, 
13  Oct.,  1802. ..791,  792;  referendum 
of,  to  the  Select  Body,  on  its  own 
status,  and  union  with  the  Sulpicians, 
13  Oct.,  1802... 791-793;  and  Dubois, 
Frederick,  1798-1811... 804-807  ;  and 
R.  Smith,  Deer  Creek,  1816... 804,  808, 
807 ;  and  the  expenses  of  L.  Neale, 
coadjutor,  1801-1804... 808,  810,  811; 
annual  charges  of,  1802-1805... 809, 

812,  813 ;      on    conveyance     of      the 
property  to  S.J.,  and  provision  for  non- 
Jesuit  members  of   the  Select  Body, 
24  May,  1803... 369,  810,  838,  67;    v. 
Clergy,  Ex-Jesuits  American  ;  and  the 
new  cathedral,  Bo.,   1803,  1804. ..810; 
v.   Baltimore   city ;    and   slaves,   811, 
812 ;   v.  Slaves ;   Carroll,  president  of, 

813,  827, 869,  870,  9,  800  ;  personnel  of, 
at  the  restoration  S.J.,  1814.. .823 

Carroll  on  the  continuance  of,  pro 
forma,  1805... 824;  effectuating  the 
said  policy,  1805-1808... 825-828,  870;  ' 
provision  for  ecclesiastical  students, 
11  Sept.,  1806. ..826;  assignment  of 
Bohemia  by,  to  Carroll  as  a  provision, 
11  Sept.,  1806... 507,  508,  826,  827,  870, 
885,  17,  885,  886;  relation  of,  with 
S.J.  restored,  828,  36 ;  on  placing  the 
novitiate,  Sept.,  1812. ..837,  64;  v. 
Novitiate;  and  invalids  S.J.,  1812, 
1813... 838,  841,  878,  34;  on  the 
novitiate  and  Bitouzey,  1812,  1813... 


CORPORATION      OF     ROMAN     CATHOLIC 

CLERGYMEN  (continued) — 
839-841 ;  Carroll's  claims  to  having 
secured  incorporation  and  the  property 
for  Georgetown,  375,  852,  853  ;  Carroll 
on  reversion  of  property  to  S.J.  by 
means  of,  854 ;  and  Pasquet,  1806- 
1815... 858,  123  ;  and  reconsignrnent  of 
property  to  S.J.,  1815.. .823,  860; 
Grassi  on,  and  S.J.,  1815... 864-866  ; 
and  Md.  citizenship  for  members  of 
Select  Body,  1808.. .865,  142,  871,  884, 
885 ;  and  debt  of,  to  the  English 
province  S.J.,  1813.. .865,  142 ;  Ros- 
seter's  investment  with,  1806.. .869; 
admission  of  Jesuits,  and  rejection  of 
same  as  non-citizens,  1807,  1808... 871 ; 
on  non- Jesuit  invalid  members,  14 
Sept.,  1813. ..878;  name  of,  used  for 
the  Select  Body,  878,  33,  880  ;  end  of 
subventions  for  clerical  education, 
880,  40 

And  residence  in  Md.  for  member- 
ship, 1816. ..883,  884;  reservation  of 
membership  to  S.J.,  19  June,  1816... 
771,  886 ;  subvention  to  clergy,  for 
sacred  oils,  887 ;  accounts  of,  with 
executors  of  Carroll,  1816,  1817... 887, 
888 ;  liquidation,  re-organization  of 
Georgetown,  and  the  L.  Neale-Grassi 
concordat,  Oct.,  1817. ..890;  granting 
a  gratuity  to  Marechal  for  three  years, 
liquidation,  withdrawing  subventions 
from  the  clergy,  10  June,  1818... 892, 
893  ;  administration  of,  taken  over  by 
Kohlraann,  superior,  and  restored  by 
Kenney,  visitor,  1818,  1820... 895; 
communication  to,  of  Kenney's  ordi- 
nance on  temporalities,  20  Apr.,  22 
Aug.,  1820.. .899,  11,  902;  and  Mare- 
chal's  claims,  Apr.,  1820... 899-901 ; 
and  withdrawal  of  all  allowances  to 
the  clergy,  22  Aug.,  1820... 902 

Endorsement  by,  of  C.  Neale's 
protest  against  the  execution  of  Mare- 
chal's  Papal  brief,  re  White  Marsh, 
9  Jan.,  1823. . .910, 911 ;  933, 937 ;  engage- 
ments of,  with  Dubourg,  re  Missouri  mis- 
sion, 1823...  1024,  1025;  slaves  assigned, 
1025 ;  property  of,  and  Marechal's 
claims,  1043,  1044;  no  consignment  as 
yet  made  by,  to  S.J.,  1823... 1043, 1044  ; 
D.  Brent,  on  the  legal  status  of,  as 
against  Marechal  and  Rome,  1824... 
1072,  1073;  transfer  of  its  trust  to  S.J., 
489,  823,  911,  1080;  Dubourg  to  the 
Propaganda  on,  1826...  1136-1138 

Corry,    Mr.,    Philadelphia,   annuity   to, 
361 

Gostelloe,  James,  347  ;  donation  of,  to  the 
church,  Carlisle,  Pa.,  349 

Cosseen,  Mr.,  274 

Cottam,  Edward,  213 

Cottington,  Minister,  151 

Couchc,  John,  S.J".,  650,  27,  653 


INDEX 


1177 


Councils,  Synods  of  Baltimore  : 

Trent,  158,  480,  768,  11,  1007,  26  ; 
Vatican,  847,  87 

Synod  of  Baltimore,  Nov.,  1791,  on 
contributions  for  support  of  the  clergy, 
545,  30,  772,  6,  701 

Provincial,  Bo.,  1829,  on  property  of 
regular  Orders,  464, 4,  516,  517 ;  on  lay 
trustees,  517 ;  520,  6,  525,  9 ;  subjects 
proposed  for,  on  secularizing  regulars, 
and  on  the  office  of  St.  Gregory  VII., 
1134 ;  1837,  subjects  proposed  for,  011 
exemption  and  property  of  religious 
communities,  1135 ;  the  seventh,  on 
communities,  517 ;  997,  83 

Plenary,  II.,  on  lay  trustees,  464,  4 ; 
on  property  of  regular  Orders,  517,  575  ; 
on  the  maintenance  of  Ordinaries,  546, 
30,  1056,  3;  III.,  on  lay  trustees, 
46-i,  4 

Informal  meeting  of  bishops,  1810... 
972,  976,  977  ;  v.  Synodal  article 

Council  Bluffs,  1023 

Country  National  Intelligencer,  716 

Consinne,  Michael  J.,  S.J.,  921 

Courtney,  Edward,  Provincial  S.J.,  44- 
46 ;  v.  Oliva 

Courtney,  Thomas,  S.J.,  34,  35 

Cowes,  94 

Cox,  Mr.,  274 

Cox,  Sir  John  Hippesley,  and  S.J.,  376, 
1140 

Cox's  and  Beeves'  Risque,  273,  274 

Coxe,  Richard,  213 

Craddock,  Benedict,  947 

Craddock,  Richard,  284,  285 

Craig,  Captain,  297 

Crathorne,  John,  S.J.,  17 

Cromwell,  Oliver,  855,  115 

Crookshanks,  Alexander,  S.J.,  and  the 
Irish  mission  funds,  1762... 1148,  2 

Crosby,  John,  286 

Cross,  Bernard,  S.J.,  16,  76,  77;  resigna- 
tion of  property  by,  236 

Crossoloth,  226 

Crouch,  Ralph,  S.J.,  and  the  transmis- 
sion of  property  in  Md.,  205,  217,  218, 
1043,  6 

Croxell,  Joanna,  251,  18,  275 

Cumberland  Co.,  Pa.,  345,  349 

Curnniiskey,  Rev.,  965 


D 


DARNALL,  ELEONOR,  229 

Darnall,  Henry,  209,  221 

Darnall,  Henry,  foundation  of,  at  George- 
town College,  437,  18 

Darnall,  John,  209 

Darnall,  Rachel,  226 

Darnalls  Farme,  209,  224 

Daugherty,  Mr.,  Propaganda  student, 
765 

David,  John  B.,  S.S.,  766 

VOL.    I. 


Davies,  Peter,  S.J.,  and  the  resignation 
of  his  patrimony,  64,  237 ;  and  pro- 
fession in  the  Order,  68,  69,  73,  74,  81, 
82  ;  v.  Retz,  Tambuvini 

Davison  [Dawson],  Thomas,  213 

Darey  [Darcy],  Richard,  213 

De  Barth,  Louis,  Vicar  General,  Phila- 
delphia, 246,  11,  275 ;  to  Marshall,  on 
property  in  Pa.,  1820... 345-347  ;  347- 
350 ;  letters  of,  to  Marshall,  on  Goshen- 
hoppen  and  the  Erntzen  law-suit,  on 
Philadelphia  property,  and  missionary 
farmers,  1820, 1821... 353-354,  358,  882; 
as  a  farm-manager,  356,  358 ;  agent  of 
the  Corporation,  361 ;  378 ;  to  Marshall, 
17  Sept.,  1820... 378;  on  title  S.J.  to 
property  in  Philadelphia,  413,  15 ', 
489,  6;  at  Bohemia,  1792... 748;  769, 
770 ;  and  aggregation  to  S.J.  in  Russia, 
1803... 820;  822,  20,  842;  Carroll  on, 
and  property  S.J.,  1815... 857,  861 ;  884, 
898,  7,  942,  951,  952,  1002 

De  Broglie,  Abbe  Prince  Charles,  813- 
815 ;  y.  Paccanarists 

De  Buc,  V.,  on  preambles  in  Pontifical 
acts,  1061,  7 

Declaratio  Coloniae,  Account  of  the 
Colony,  Lord  Baltimore's,  19,  20 

Declaration  of  Rights,  Md.,  1776,  and 
ecclesiastical  property,  376,  28,  724 ; 
v.  Mortmain 

Declarations  of  trust,  and  the  Corpora- 
tion of  R.  C.  Clergymen,  270,  287,  291- 
294,  314,  333,  441,  28,  539, 13,  542,  24 ; 
the  Assembly  of  Md.  on,  1806... 729; 
Walton's,  Molyneux's,  and  Ashton's, 
3  Oct.,  1793... 732-737;  768 

Deer  Creek,  T.  Shea's  devise  at,  265, 
267;  St.  Joseph's  plantation  at,  277; 
278,  313;  Carroll  to  F.  Neale  and 
Grassi  on  his  sales  at,  Feb.-July,  1814 
...297,  298,  842,  76;  development  of 
property  at,  sales  by  Carroll,  and  legal 
case,  288-308,  466,  5,  863,  874,  876; 
station  assigned  by  L.  Neale  to  S.J., 
301 ;  withdrawn  by  Marechal,  302 ;  G. 
Hunter's  report  on,  1765... 336;  chapel 
property  at,  345 ;  378 ;  test  case  of 
Corporation  against  Carroll's  executor, 
D.  Brent,  300,  362,  400,  44,  466,  5  ; 
rate  of  purchase  and  sale  at,  543,  26  ; 
612 

Marechal's  claims,  with  certificates, 
to  the  property  and  funds  of,  302-308, 
903-905 ;  his  accounts  of,  308,  28,  354, 
2,  355,  433,  434,  498,  507,  527,  542  ; 
v.  Arabia  Petrea ;  administration  of ; 
v.  Proceedings  ;  Ashton  on  the  bishop's 
right  to,  1806... 714;  Ashton's  theory 
and  Marechal's  claims  regarding,  719  ; 
demands  of  R.  Smith  at,  27  Sept.,  1816 
...806,  807  ;  provision  for  same,  14  Feb., 
1816.. .301,  807;  811;  and  Pasquet's 
accounts  with  the  Corporation,  1806- 
1815... 858,  123 ;  Eden  at,  297,  876,  24 ; 

4   G 


1178 


INDEX 


883 ;  attended  formerly  from  Bohemia, 
904 ;  J.  G.  Shea  on,  and  Marechal, 
936  ;  967,  1020 ;  Marechal's  diary  on, 
1819... 1042 

De  Gregorio,  Cardinal,  521,  9,  524,  5, 
549,  35,  1081-1084,  1091,  1093 

Dehaulmes,  Misses,  Frederick,  will  of, 
in  favour  of  S.J.,  8  May,  1824.. .575, 
52 

Delabrook  Manor,  226 

Delavan,  Louis  C.,  Canon,  745  ;  at 
Bohemia,  1793... 748 

Delaware,  277,  296,  330;  v.  Mill  Creek 
Hundred 

Delaware  Highway,  210,  283 

Delaware  Path,  210,  283 

Delia  Genga,  Cardinal  [Leo  XII.],  472, 
1056,  1059;  appointed  arbitrator,  re 
Marechal  controversy,  3  June,  1822... 
1060  ;  1067 ;  v.  Bulls,  Leo  XII. 

Delia  Somaglia,  Cardinal,  Prefect  of 
Propaganda,  248,  13;  475;  to  Mare- 
chal, 27  Aug.,  3  Sept.,  1825.. .534; 
970,  1091,  1093,  1094 ;  to  Marechal,  on 
the  General's  offer  of  a  life  annuity, 
5  Aug.,  1826.. .531,  1097,  1098  ;_  to 
Milner,  on  the  ordination  of  English 
Jesuits  by  any  bishop,  14  Dec.,  1818... 
1141,  1142,  1144 

Deluol,  L.,  S.S.,  1132,  36 

Delvaux,  Nicholas,  Rev.,  626,  720,  721 ; 
Carroll  on  the  death  of,  1798... 722,  5 

Demarara,  669,  710,  24,  721,  4 

Dennett,  John,  Provincial  8.J.,  76,  77; 
report  submitted  to,  by  G.  Hunter ;  v. 
Hunter,  G. ;  663 

Dennis's  Choice,  278,  290 

Dent,  George,  269 

Denton,  Henry,  210 

Denton,  Vachel,  209,  210,  271,  284 

De  Noyelle,  Charles,  General  S.J.,  letters 
of,  1682-1686,  to  T.  Percy,  50;  John 
Warner,  50-52  ;  J.  Keynes,  51-54,  224  ; 
F.  Eure,  51,  53 ;  J.  Clare  Warner,  53- 
55 ;  A.  Lucas,  53,  54 ;  on  the  succes- 
sion of  S. J.  to  property  of  the  professed, 
86,87 

De  Hitter,  John  B.,  S.  J.,  344 ;  and  the 
suppression  S.J.,  1773.. .607;  and  the 
Sir  J.  James'  fund,  1784... 630;  691,  10 

Desperamus,  E.,  Assistant  of  tlie  General 
S.J.,  to  Grassi,  on  Georgetown  and 
the  Corporation,  10  May,  1812... 833, 
834 

Detroit,  diocese  of,  526 ;  v.  Rese 

Devon,  England,  134,  253 

Diderick  [Rich],  Bernard,  S.J.,  and  the 
suppression  S.J.,  1773... 607;  and  the 
Select  Body  of  Clergy;  v.  Ex-Jesuits 
American ;  672,  673,  720 

Didier,  Dom,  O.S.B.,  745,  5 

Digges,  Edward,  surveyor,  221 ;  bequest 
of,  to  T.  Mansell,  259  ;  268 

Digges  family  [Conewago],  Henry,  Wil- 
frid, William,  345-348 


Digges,  Francis,  S.J.,  resignation  of 
property  by,  236 

Digges,  Ignatius,  268 

Digges,  John,  S.J.,  75,  76,  82,  83;  resig- 
nation of  property  by,  236 ;  263,  280, 
288,  15,  346 

Digges,  John,  251 

Digges,  Nicholas,  268 

Digges,  Thomas,  S.J.,  resignation  of 
property  by,  236;  to  Ashby,  15  Aug., 
1758... 257;  394,23;  and  the  suppres- 
sion S.J.,  1773... 607;  683,  720,  769 

Digges,  William,  541,  21 

Dillon,  Francis,  258 

Dillon,  Mary,  litigant,  re  G.  Talbot's 
estate,  258 

Dinant,  Liege,  Scotch  college  at,  and 
members  S.J.,  1773,  1774... 1154 

Di  Pietro,  Cardinal,  Prefect  of  Propa- 
ganda, to  Carroll,  on  estates  S.J.  and 
bishoprics  U.S.,  13  July,  1805... 713, 
714;  1152 

Dispensations  from  time  of  probation  in 
S.J.,  on  behalf  of  Maryland  ;  v.  Society 
of  Jesus 

Divoff,  Alexander,  S.J.,  antecedents  of, 
and  legacy  to  Catholic  Seminary, 
Washington,  538,  8,  944,  10;  839, 
893 

Dixon,  John,  bequest  of,  to  T.  Schneider, 
259 

Dixon,  Joseph,  274 

Doll,  Joseph,  1043,  6 

Dominicans,  in  Kentucky,  Carroll  on, 
1812.. .801,  994;  in  Ohio,  Marechal 
on,  1827... 574;  v.  Fenwick,  Edward; 
Gradwell  on,  1821... 1048 

Dormer,  Francis,  S.J.,  78 

Dormer,  William,  S.J.,  72 

Douglas,  Mrs.,  230 

Douglass,  William,  208,  233 

Doway  College,  6,  165,  166,  172  ;  benefi- 
ciary under  J.  Lloyd's  will,  218 

Doyne,  Joseph,  S.J.,  659,  660,  51,  663; 
and  aggregation  to  S.J.  in  Russia,  25 
Apr.,  1788... 683,  684;  691,  8,  769;  and 
the  Paccanarists,  1800... 814,  815 

Doyne,  Mrs.,  202,  4 

Driver,  David,  256,  257 

Drury,  Mark,  Rev.,  184 

Dubois,  John,  Bishop  of  New  York,  and 
Frederick  property  S.J.,  1798-1816... 
277,  6,  310,  311,  313,  806,  883,  886; 
to  Malev6,  on  ditto,  7  May,  1815... 
310 ;  379  ;  Marechal's  citation  of,  454 ; 
527,  745,  4 ;  admitted  into  the  Select 
Body,  9  Oct.,  1799... 770,  775,  804; 
788;  spirit  of,  804-806;  salary  of, 
804-807  ;  to  the  Corporation,  on  relief 
for  Frederick,  5  June,  1798... 805;  and 
loan  from  the  Corporation,  1801... 806  ; 
and  aggregation  to  S.J.  in  Russia,  25 
Apr.,  1803  ...816,  820;  822,  20;  a 
member  of  congregation  S.S.,  1816... 
883 


INDEX 


1179 


Dubourg,  Louis  W.,  S.S.,  Bislwp  of  New 
Orleans,  president  of  Georgetown 
College,  1796-1798... 537,  6,  705,7,  751- 
754,  758,  34,  785,  15,  833,  1136,  2 ;  570  ; 
Carroll  on,  1796,  1798.. .752,  754,  765; 
756 ;  liabilities  of  Georgetown  under, 
761;  and  Havana,  1799-1803  ...  765 
766,  796,  797;  and  the  foundation  of 
St.  Mary's  College,  Bo.,  1799. ..765, 
766;  and  opening  of  the  college  to 
American  students,  1803... 797  ;  Carroll 
on,  1808-1815... 799-802;  appointed 
administrator  of  Louisiana  diocese, 
802  ;  on  Marechal  and  the  Papal  brief, 
1822... 910,  13 

And  the  Missouri  mission  S.J.,  521, 
10,  549,  550 ;  petitions  of,  for  Jesuit 
missionaries,  1814-1823... 1008,  1009; 
to  Grassi,  26  Mar.,  1814...  1008,  1 ;  to 
the  General  Brzozowski,  1816... 1009, 
1010 ;  Papal  brief  to  the  General,  in 
favour  of,  1815... 1010;  v.  Bulls;  de- 
scription of  Upper  Louisiana,  1010; 
Grivel  on  the  views  of,  respecting  S.J., 
1816.. .1010,  1011;  to  the  Propaganda, 
on  his  recruits  for  St.  Louis,  New 
Orleans,  and  Kentucky,  Feb.,  3  May, 
1817.. .1012, 1013 ;  to  the  General,  ask- 
ing for  Barat,  17  June,  1817.. .1013; 
to  Marechal,  on  nuns  of  the  Sacred 
Heart,  27  Apr.,  1819... 1013,5 ;  to  Card. 
Fontana,  Propaganda,  on  obtaining 
missionaries  S.J.,  24  Feb.,  1821... 1013, 
1014 ;  the  temporal  means  of  S.J.  in 
Md.,  1014;  the  Propaganda  to  the 
General  Fortis  on,  2  June,  1821. ..1014, 
1015 ;  the  General  to  Propaganda  on, 
June,  1821... 1015;  and  the  transfer  of 
the  novitiate  from  White  Marsh,  Mare- 
chal on,  1823,  1824  ...  1009,  1016-1021 ; 
Bosati  on,  6  May,  1823...  1018;  nomi- 
nation of,  by  Marechal,  for  Upper 
Louisiana,  1019,  8,  1052 ;  for  metro- 
politan see  of  New  Orleans,  1823... 
1020 ;  v.  Missouri  Mission 

Concordat  of,  with  C.  Neale,  on  the 
Missouri  foundation  and  the  Indian 
tribes,  19  Mar.,  1823... 926,  927,  1009, 
1021-1024 ;  to  F.  Neale,  bond  to  de- 
liver over  the  farm  at  Florissant,  25 
Mar.,  1823. ..1024;  explanation,  25 
Mar.,  1823...  1024;  animadversion  of 
the  General  on  the  concordat,  25  July, 
1823... 1025,  1026;  to  F.  Neale,  on  the 
General's  observations,  and  offering  an 
establishment  in  St.  Louis,  27  Nov., 
1823. ..1026;  property  and  stations 
assigned  by,  to  the  mission  S.J.,  1823 
...1027;  Van  Quickcnborne  to  the 
General,  on  new  offer  of,  and  past 
fidelity,  1824-1830... 1027, 1028;  return 
of,  to  Europe,  1826.. .1028;  1053;  to 
the  Propaganda  on  the  Corporation  in 
Md.,  1826... 1136-1138 

Dubuisson,  Stephen,  S.J.,  203;  and  St. 


Patrick's  church,  Washington,  456, 
457 ;  551 ;  to  the  General  Roothaan, 
on  effects  of  the  Marechal  controversy 
5,  23  Oct.,  1829.. .598,  1133, 1134, 1135  ; 
on  claims  of  Whitfield  to  all  church 
property  S.J.,  21  May,  1830. ..1134, 
1135 

Duckett,   George,    Vice-Provincial   S.J., 
33 ;  v.  Carrafa 

Duckett,  Mr.,  893 

Duckworth,  Joshua,  260 

Duke,  Richard,  213 

Dulany,  Daniel,  jun.,  310 

Dunn,  Joseph,   Rev.,  to  Grassi,  1815... 
846,  85 

Dunn,   Mrs.,  Newcastle,  England,  329, 
330 ;  v.  Mosley,  J. 

Durozey,  Rev.,  810 

Dutch  in  New  Amsterdam,  14 

Dutch  traders,  at  Boavista,  99 

Duvall,  Howard,  70G,  9 

Dzierozynski,  Francis,  S.J.,  to  Marechal, 
on  St.  Peter's  property  S.J.,  Bo.,  Nov., 
1824.. .325;  on  F.  Beeston,  Deer  Creek, 
and  Upper  Marlborough,  Oct.,  1826... 
355 ;  to  the  General,  on  Lancaster, 
22  Feb.,  1830...  365;  tables  of,  on 
landed  property  S.J.,  and  annual  yield, 
1824-1830...  379-381;  381;  to  the 
General,  on  Marechal's  claims  to  juris- 
diction, 24  Sept.,  1825. ..481;  com- 
munication by,  to  Marechal,  of  the 
Severoli  rescript,  511-513 ;  antecedents 
of,  and  patents  for,  as  superior,  4  Aug. 
1823.. .511, /,  1080;  and  privileges  S.J., 
at  the  Provincial  Council  of  Baltimore 
1829... 513,  3;  to  the  General  Roothaan, 
26  Nov.,  1829. ..513,  3;  answers  of 
Roothaan  to,  on  privileges  and  church 
property  S.J.,  1831. ..515,  516 

To  the  General  Fortis,  offering  a 
pension  to  Marechal,  7  Oct.,  1824... 
528,  4 ;  to  Marechal,  on  a  pension 
Nov.,  1824.. .325,  523,  3,  528,  4,  1076; 
to  the  General,  on  stations  and  property 
S.J.  in  Md.,  24  Sept.,  1825.. .543,  25 ; 
correspondence  of,  with  Marechal  and 
McElroy,  re  Frederick,  1824,  1825... 
560,  561 ;  to  the  General,  and  Korycki, 
on  ditto,  18  Jan.,  1824,  20  July,  1825 
...5CO,  561,  563  ;  to  the  General,  on 
phases  of  the  Marechal  controversy, 
1824-1827. ..564-566;  an  appointment 
of  McElroy  by  Marechal,  28  Dec., 
1822. ..566,  567;  correspondence  of,  on 
the  case  of  Upper  Marlborough  church, 
1826,  1827;  v.  Marlborough;  to  the 
General,  on  demands  for  S.J.  in  various 
parts,  7  Feb.,  1826... 570;  on  Whit- 
field's  acceptance  of  deed  for  the  church 
at  Marlborough,  25  Sept.,  1828... 583, 
4 ;  on  L.  Nealo,  and  preservation  of 
property  S.J.,  669;  896 

To  the  General,  on  Marechal's  com- 
munication  of   the   Papal    brief,   and 


1180 


INDEX 


DZIEEOZYNSKI,  FRANCIS  (continued)— 
correspondence  with  Dzierozynski,  28 
Dec.,  1822... 908-910,  1038 ;  to  Korycki, 
on  Marechal  and  Zacchia,  20  July, 
1825.. .956,  3;  1026;  to  Marechal,  on 
news  transpiring  to  the  public,  Nov., 
1824. ..523,  3,  1076;  1106,  1107;  to 
the  General,  on  Marechal  deceased, 
and  on  Whitfield,  10  Feb.,  1828... 1104, 
1107,  1108  ;  1109,  1134,  1135 


E 


EAEE,  THOMAS,  218 

Earle,  Joseph,  286 

East  Marsh,  Piscataway,  216 

Ecclesiastical  immunities,  35  ;  v.  Laws  ; 
property  and  civil  rights ;  v.  Baltimore 
Cecil,  Property :  titles  to  estates, 
Carroll  on,  243 

Ecclesiastical  versus  civil,  use  of  the 
terms  in  Md.,  489,  7,  919,  920,  1031- 
1041 

Ecclesiastical  tenure,  alienation  of,  29, 
30,  612,  6,  631,  2,  791,  35,  919,  920, 
1031-1041 ;  political  attacks  on,  in  Md., 
396,  28,  635,  636,  914,  3 ;  v.  Mortmain ; 
the  Propaganda  on,  15  July,  1786.  ..631, 
2,  645  ;  and  transfer,  648,  23  ;  the  con- 
stitution S.J.  on,  896,  897,  1034,  1057, 
1058 ;  v.  Society  of  Jesus 

Eocleston,  Samuel,  Archbishop  of  Balti- 
more, 533,  2,  598,  1103  ;  successor  to 
Whitfield  and  claims,  1118 ;  and  the 
Provincials,  McSherry,  Mulledy,  on 
his  claims,  1835-1838...  1120-1122  ; 
refusal  of,  to  accept  a  tract  at  White 
Marsh,  1837. ..1121,  1124;  on  selling 
all  property  and  slaves  S.J.  in  Md., 
1837. ..1121;  to  McSherry,  on  an  ad- 
justment, 19  June,  1837.. .1128;  to 
Mulledy,  on  ditto,  24  Jan.,  1838...  1124, 
1125  ;  to  Mulledy,  receipt  and  letter, 
for  $8000,  9  July,  1838...  1108,  15, 1113, 
1123,  11,  1125-1128 ;  estimate  of  the 
settlement  by,  1129,  1131  ;  and  pro- 
jects regarding  regulars,  1837... 1135 

Edelen,  John,  J.P.,  895 

Edelen,  Leonard,  S.J.,  trustee  of  the 
Corporation ;  v.  Proceedings  ;  admitted 
into  the  Select  Body,  4  Oct.,  1808... 
770,  872;  862,  863,  872,  18;  at  New- 
town,  1811... 875;  898,8;  to  Marechal, 
on  claims  of  the  latter,  20  Apr.,  1820 
...400,  43,  899,  900,  901,  23;  on 
Carroll's  declaration,  428,  7,  899;  a 
gratuity  to  Marechal  for  three  years, 
899 ;  1002,  6,  1007 

Eden,  B.  L.  S.,  student,  and  aggregation 
to  S.J.  in  Russia,  25  Apr.,  1803..  816 

Eden[skiuk],  Joseph,  Rev.,  at  Deer 
Creek,  1811. ..297,  876,  24;  661,  51, 
662,  720,  721,  769,  770,  822,  20;  at 
Alexandria,  1806... 870,  871 


Eden,  Robert,  Governor,  264  ;  petition  of 
G.  Hunter  to,  1771... 281,  282 

Edenburgh,  town  projected  at  St. 
Thomas's  Manor,  280-282 

Edesford,  John,  Provincial  S.J.,  66  ;  v. 
Tamburini 

Edinburgh  Castle,  165 

Edwards,  Robert,  213 

Edwin,  William,  213 

Egan,  Michael,  O.S.F.,  Bishop  of  Phila- 
delphia, and  property  S.J.,  356,  361 ; 
signature  of,  to  synodal  article,  1810... 
390 ;  835 ;  to  Beschter,  Lancaster,  on 
the  right  of  S.J.  to  its  premises,  3  Aug., 
1812... 835,  59;  to  Grassi,  on  an  ap- 
pointment for  Lancaster,  8  Sept., 
1812... 835,  59;  837,  64;  to  F.  Neale, 
bond  for  property  S.J.,  Philadelphia, 
6  Nov.,  1812... 839,  876,  877;  869  ;  and 
Britt's  removal,  874 ;  action  of,  in 
founding  an  American  province 
O.S.F.,  1803  ...  869-871;  to  Card. 
Delia  Somaglia,  on  the  new  province 
and  its  relation  to  the  Ordinary,  11 
Dec.,  1803.. .969,  970,  986,  1135,  9; 
decree  of  Propaganda  in  answer  to, 
1804.. .970,  971,  986;  letters  of,  to 
Carroll,  1805. ..971,  3;  Bishop  of 
Philadelphia,  1808... 972,  976;  980, 
982 ;  to  Carroll, ion  obtaining  Rantzau, 
8  Oct.,  1811. ..983,  984;  on  C.  Neale, 
re  Rantzau,  14  Oct.,  1811... 979,  26, 
984,  985,  993;  C.  Neale's  condition 
that  Rantzau  be  recallable,  984,  985  ; 
on  bishops  being  empowered  to  call 
out  regulars,  985 

Elder,  Basil,  324 

Elizabeth,  Queen,  18 

Elk  River  Court  house,  285 

Elkin,  John,  213 

Elkridge,  ArundeU  Co.,  717 

Elling,  William,  Rev.,  691,  10 

Ellis,  Richard,  S.J.,  resignation  of  pro- 
perty by,  236 

Emery,  James  A.,  Su2)erior  General  of 
St.  Stilpice,  correspondence  of,  with 
Carroll,  1790... 744;  intention  of,  to 
recall  Sulpicians  from  Baltimore, 
1802... 762,  797,  49 

Emmitsburg,  Mount  St.  Mary's  seminary, 
311,  31,  912,  955,  1110 

Empson,  William,  213 

England,  sentiment  in,  on  Catholic 
American  colonization,  1605... 3-5 

England,  John,  Bishop  of  Charleston, 
513,  3 ;  plan  of  church  tenure  devised 
by,  517,  525  ;  547,  959 ;  account  given 
by,  of  the  property  S.J.  in  Md.,  1824... 
1134, 5 

English  ex  -  Jesuits  ;  v.  Ex  -  Jesuits 
English 

English  Government,  279,  293  ;  and  the 
R.  C.  church  property,  Montreal, 
1822... 586,  588-590;  first  act  of  relief 
for  Catholics,  1778... 644;  statutes  of, 


INDEX 


1181 


re  Court  of  Rome,  646 ;  and  the  Veto, 
1799-1813... 855,  114  ;  and  the  ancient 
province  S.J.,  855,  115,  1140 ;  and  the 
restoration  of  S.J.  in  England,  1814- 
1828  ;  v.  English  Province  S.J. 

English  Province  S.J.,  passim ;  novitiate 
of  American  candidate  to  be  made  in, 
1647. ..35;  names  of  residences  S.J.  in, 
108 ;  temporal  resources  of,  130,  131, 
139  ;  and  persecution,  1681... 137;  debts 
and  releases  of  debts,  due  to,  from  the 
Md.-Pa.  mission  S.J.,  1728-1811... 
237-239,  360,  4,  640,  641,  656,  658; 
accounts  of  same  mission  with,  1765... 
337 ;  financial  state  of,  at  the  sup- 
pression S.J.,  1773. ..603,  604;  the 
patrimonies  of  members  in,  603,  604 ; 
outlay  of,  and  income,  1761... 657,  39; 
v.  Ex-Jesuits  English 

Restoration  of,  1303...  793;  Card. 
Consalvi  on  status  of  Jesuits  in,  2  July, 
1802... 816,  817  ;  Card.  Borgia,  on  ditto, 
24  Feb.,  1804... 817, 10, 1151 ;  Gradwell 
on  Propaganda  instructions  regarding, 
817,  10,  1110,  17 ;  Carroll  on  hostility 
to,  1813... 842,  77,  855,  856;  and  the 
Severoli  rescript,  1813. ..843;  Carroll 
on  opposition  to,  1815... 849,  850,  864; 
hostility  to,  under  Charles  II.,  Crom- 
well, and  George  I.,  855,  115;  and  the 
English  Government  and  Veto,  Carroll 
on,  855,  864 ;  campaign  against,  1815... 
864,  140,  938,  29;  debts  of  American 
Jesuits  to,  1813,  1820...  865,  142,  902; 
expenses  of,  in  founding  and  main- 
taining the  ancient  Md.-Pa.  mission, 
933,  3;  title  of  ordination  in,  1810 
...975,  11;  v.  Title  of  ordination;  and 
faculties  from  the  Vicars  Apostolic, 
1724...  1000 

Gradwell  on  his  campaign  against, 
1824, 1827... 1110, 17 ;  opposition  to  the 
restoration  of,  1814-1828... 934,  72,938, 
29,  1049,  1050,  1110,  17,  1139-1148; 
the  issue  ecclesiastical,  1139,  3 ; 
political  status  of,  before  the  suppres- 
sion, 1140 ;  the  Vicars  Apostolic  and 
Propaganda  on,  after  restoration, 
1815-1828.. .1141,  1142;  and  Poynter, 
1141-1146 ;  denounced  to  the  Govern- 
ment, 1141-1145 ;  declared  by  Leo 
XII.  to  be  legitimately  existing,  1829 
...1147,  1148;  Brzozowski  on  legal 
difficulties  regarding  the  property  of, 
1807... 1152,  5 

English  Vicars  Apostolic,  671 ;  Severoli's 
rescript  issued  to,  1813 ;  v.  Severoli ; 
Carroll  on,  1815... 851,  855,  856;  R. 
Plowden  on  rights  of,  re  ex-Jesuit 
property,  851,  98;  and  the  ordination 
of  members  S.J.,  1810-1828  ;  v.  English 
province  S.J. ;  instruction  of  Propa- 
ganda to  Spinelli  on,  and  regulars, 
18  Mar.,  1724... 998-1000;  v.  Propa- 
ganda ;  report  of  Spinelli  on,  and  the 


regular  Orders  in  England,  12  Jan., 
1725. ..1000;  subsidies  from  the  Propa- 
ganda to,  1718-1722. ..1091,  3;  opposi- 
tion of,  to  the  English  province  S.J., 
1815-1828... 1047,  1139-1148;  declara- 
tion of,  that  S.J.  was  not  restored  in 
England,  1  July,  1823. ..1141,  1145; 
1152,  5  ;  v.  Baines,  Challoner,  Colling- 
ridge,  Gibson,  M.,  Gibson,  W.,  Giffard, 
Gradwell,  Milner,  Poyuter,  Sharrock, 
Stonor,Talbot,J.,Talbot,T.,Walmesley 

Epinette,  Peter,  S.J.,  362,  5,  551,  552 ; 
admitted  into  the  Select  Body,  22  Apr., 
1812... 770,  875;  865,142;  from  Russia, 
871,  884  ;  946,  14,  982,  1080,  2 

Erutzen,  Paul,  Rev.,  351 ;  waste  caused 
by,  at  Gosheuhoppen,  353 ;  legal 
damages  accorded  to  F.  Neale,  353 ; 
suit  of  Erntzen's  heirs,  353,  354 ;  con- 
founded by  Marechal  with  Beeston, 
354,  355 ;  and  German  candidates  for 
the  Md.-Pa.  mission,  1787... 660,  661, 
51,  662 ;  691,  10,  720-722,  769,  770 

Errington,  G.,  Rev.,  1103 

Escheat  of  property  S.J.  in  Md. ;  v. 
Thorold,  G. ;  correspondence  and  action 
on,  1805... 726,  727,  812 

Esrnonde,  B.,  S.J.,  1003,  14 

Eure,  Francis,  S.J.,  51,  53;  v.  De 
Noyelle 

Eutaw  St.  property,  Bo.,  ecclesiastical 
trust,  315,  490,  7;  MarechaPs  corre- 
spondence on,  1818-1821... 903,  920- 
924,  1037 

Exemption  from  episcopal  jurisdiction, 
678,  12,  846,  87  ;  v.  Orders 

Exeter,  England,  253 

EX-JESUITS,  AMERICAN  :  Select  Body  of 
Clergy  :  Chapter  and  Corporation — 

Carroll  on  fidelity  of,  in  preserving 
property  for  religion,  341 ;  act  of  sub- 
mission to  the  brief  of  suppression  S.J., 
1773... 606;  Carroll  on,  and  plan  of 
organization  for,  1782  ...  609-614  ;  v. 
Carroll ;  circular  of,  on  aggregation  to 
S.J.  in  Russia,  25  Apr.,  1788.. .683, 
684  ;  joint  letter  of,  to  Stone,  on  union 
with  the  Paccanarists, 28  Nov.,  1800... 
814,  815;  joint  letters  of,  to  Carroll 
and  L.  Neale,  on  aggregation,  30  Aug., 
1802,  25  Apr.,  1803... 815,  816;  sent  to 
America  by  the  General  in  Russia, 
opposition  to ;  v.  Bitouzey 

Select  Body  of  Clergy :  Chapter  :  and 
contributions  for  support  of  the  clergy, 
3  June,  1795... 545,  30;  on  the  circum- 
stances of  the  suppression  S.J.,  Nov., 
1786... 605;  614,  615;  organization  of, 
1783,  1784... 617-624,  626-629,  638; 
formula  of  promise  for  members  of, 
617,  739,  740;  on  restoration  of 
property  to  S.J.,  when  re-established, 
1783,  1784... 628,  672,  676,  678,  679, 
724,3;  provision  for  superior,  1784... 
628  ;  provision  for  non-Jesuit  members, 


1182 


INDEX 


EX-JESUITS,  AMERICAN  (continued)— 
1783... 628,  3,  642,  687,  688,  721,  738,  ' 
810,  854,  855 ;  v.  Clergy ;  Chapter  ad- 
ministration, Oct.,  1784... 630,  631; 
provisions,  sales,  630,  631 ;  provision 
for  superior,  as  Prefect  Apostolic... 631, 
633 ;  on  the  prefecture  apostolic  and 
bishopric,  11  Oct.,  1784... 633,  634,  638, 
686 ;  Chapter,  1786... 638, 639, 642,  643  ; 
debts  due  to  English  ex-Jesuits,  639- 
641,  643,  656-655;  v.  Ashton,  Strick- 
land ;  rules  on  contracting  legal  liabili- 
ties, and  gratuitous  service  in  the 
ministry,  642,  706,  9 ;  on  the  archives, 
643;  on  subscribing  the  constitution,  I 
643 ;  on  a  school  at  Georgetown,  665, 
666;  on  a  bishopric,  666,  667;  on 
incorporation,  667 ;  circular  on  a 
bishopric,  24  Nov.,  1786.. .670,  671; 
Chapter  otherwise  called  Represen- 
tative body  of  the  clergy,  672 ; 
circular  on  the  use  of  property  S.J., 
Feb.,  1787... 676-679;  on  a  bishopric, 
677,  678 ;  on  a  school,  678 

Circular  on  aggregation  to  S.J.  in 
Russia,  25  Apr.,  1788... 683,  684;  com- 
mittee report,  on  the  bishopric,  25 
Mar.,  1789... 685;  on  mode  of  nomi- 
nating a  bishop,  686,  687;  Card. 
Antonelli  on  Jesuitism,  14  Aug.,  1789  | 
...689,  6;  number  of  ex- Jesuits  in 
service,  1790... 690, 8;  Chapter,  1789... 
691 ;  on  the  clergy  and  Vicars  General, 
692;  provision  for  the  bishop,  692,  } 
693;  series  of  provisions,  1784-1793... 
693;  the  school  at  Georgetown,  695; 
incorporation  and  the  committee, 
Carroll  and  Walton,  696,  739 ;  v.  Pro- 
ceedings 

Select  Body  of  Clergy  :   Corporation  : 
Marechal's   account   of,   its  establish- 
ment, constitution,  acts,  393,  394,  448- 
452  ;  review  of,  by  the  General  Fortis,   i 
413-415,441,442;  act  of  incorporation,   i 
by  the  Assembly  of  Maryland,  23  Dec.,   ' 
1792... 722-726;    constituent   meeting, 
4  Oct.,  1793... 737-739;    24    constitu- 
tional regulations,  on  members,  trustees, 
representatives,  clergy,  property,  Sul- 
picians,  Georgetown,   the   bishop,  the 
oath  of  trustees,  430,  12,  737-740,  784, 
11  ;  16th,  on  reversion  of  the  property 
to  S.J.,  and  Jesuit  members,  441,  28, 
738,  823,  860 ;  17th,  on  joint  action  of 
trustees  and  bishop  in  appointments, 
458,  30,  560,  48,  738,  890 

And  the  support  of  the  Sulpician 
directors,  Bo.,  1791,  1792. .. 745-747  ; 
grant  of  Bohemia  to  same,  3  May, 
1793...  748;  administration;  v.  Pro- 
ceedings ;  membership,  1792,  1794, 
1799. ..369,  720,  769,  771;  on  invalids, 
772,  878  ;  allowances  to  members,  772  ; 
provision  for  the  bishop,  1  Sept.,  1797 
774,  784,  785 ;  Carroll  elected  trustee, 


EX-JESUITS,  AMERICAN  (continued) — 
11  Aug.,  1802. ..779,  786;  protest  of 
members,  780,  785,  787;  contentions 
between  representatives  and  Corpora- 
tion, 1794-1802... 704,  709-712,  779,  2, 
780-792 ;  constitutional  committee,  1 
Sept.,  1797. ..784,  785;  representatives 
same  as  Chapter,  superior  to  the  Cor- 
poration, 784 ;  correct  name  of  the 
Select  Body  and  Corporation,  729,  741, 
750,  21,  769,  789,  27,  877,  29,  884,  885, 
891,  38,  1126,  15;  referendum  of 
Carroll  and  other  trustees,  13  Oct., 
1802.791-793;  opinions  on  the 
referendum,  as  to  the  status  of  the 
Corporation,  and  union  with  the  Sul- 
picians,  re  colleges,  Oct.,  Nov.,  1802... 
792-795;  v.  Corporation 

Revival  of  the  Society :  by  aggrega- 
tion to  S.J.  in  Russia,  30  Aug.,  1802, 
25  Apr.,  1803. ..761,  38,  815,  816  ;  Card. 
Consalvi,  2  July,  1802,  Card.  Borgia, 
24  Feb.,  1804,  on  status  of  ...  817,  6, 
10 ;  Carroll  aud  L.  Neale  to  the  General 
S.J.,  Gruber,  on  aggregation,  25  May, 
1803.. .818,  819;  restoration  of  S.J.  in 
U.S.,  21  June,  1805  ..820,  821 ;  v.  Md.- 
Pa.  mission  S.J. 

The   Select    Body,    at    the    general 
restoration    S.J.,  1814. ..823  ;    sales  of 
property   ordered   by,    4  Mar.,  1806  .. 
826 ;  proposal  of,  to  assign  Bohemia  to 
Carroll,  1806.. .826,  827,  885;  and  in- 
valids S.J.,  1812... 838;  Kohlmann  and 
Carroll  on  an  anti-Jesuit  combination 
in,    1809,    1813... 829,     830,    840-842; 
Carroll's    policy    regarding,   375,    852, 
853  ;  membership  in,  and  Md.  citizen- 
ship, 1808... 865,  142,  871,  877,  883,  4- 
885 ;  otherwise  called  the  Corporation, 
878,    33,    880;    membership    in,    and 
residence     in    Md.,     1816... 883,    884; 
reserved    to   members   S.J.,    19  June, 
1816.. .886;  and  selling  estates,  1817... 
890 ;  on  the  new   situation  under  the 
L.  Neale-Grassi  concordat,  1817. ..890 
Ex-Jesuits,    English.,   first    congress    of 
253  ;  gifts  and  bequests  of,  for  George- 
town College,   455,   23 ;  and   the  sup- 
pression S.J.,  1773.601-605;  Carroll 
on  the  property  administration  of,  613  ; 
congresses  of,  1776,  1784... 613,  8,  644, 
645,  647,    650,    27,    651;  the    use   of 
property  by,   646-655,  1041,  21 ;  plans 
for  organic  existence  of,  1798,  1800... 
653 ;    v.    Strickland ;    controversy    on 
property    of,   1784-1790... 656-664 ;    v. 
Ashton,  Strickland ;  annuities  of,  664, 
57 ;    educated    at  Liege,   lists  of,    by 
Strickland,  722,  5 ;  contributions  asked 
from,  for  seminarians,  Bo.,  1791... 745, 
746 ;    contributions   received  from,  by 
Carroll,  1790... 809,  12  ;    restoration  of 
S.J.    amongst,     1803.. .798;      816,    4; 
Card.    Consalvi,    2   July,   1802,  Card. 


INDEX 


1183 


Borgia,,  24  Feb.,  1801,  on  status  of... 
816,  817,  6,  10 ;  v.  English  Province, 
S.J. 

Eyck  foundation,  at  Georgetown  College, 
437,  18 


F 


FACULTIES  ;  v.  Indies  West,  Secular 
clergy  mission  to  Maryland 

Fairclough,  Rev.,  957 

Fairfax,  Nicholas,  98 

Farloe  Creek,  209 

Farmer,  Ferdinand,  S.J.,  253,  263;  and 
the  suppression  S.J.,  1773. ..607;  and 
the  Sir  J.  James'  fund,  1784... 630  ;  to 
G.  Mayer,  on  the  status  of  ex-Jesuits  in 
Md.  and  Pa.,  29  Jan.,  1778.. .953,  6 

Farrar,  James,  S.J",,  74,  75;  resignation 
of  property  by,  236 ;  and  the  trans- 
mission of  property,  268-271 

Farrell,  Mr.,  862,  863 

Farthing,  William  M.,  380,  19 

Feild,  Mary,  215 

Fendall,  Colonel,  210,  284 

Fendall  Creek,  209 

Fenwick,  Benedict,  S.J.,  Bishop  of 
Boston,  appointed  to  White  Marsh, 
vice  Bitouzey,  366 ;  objected  to,  by 
Carroll,  371 ;  nominated  by  Marechal 
to  sees  of  Florida,  Boston,  New  York, 
1823-1825... 521,  526,  527,  1020;  and 
St.  George's  Island,  for  the  diocese  of 
Boston,  547,  1094  ;  to  the  General,  on 
ditto,  28  Sept.,  1825. ..547,  32;  570; 
nominated  by  Flaget  for  a  see  in  Michi- 
gan, 1820...  584,  10;  766 

Admitted  into  the  Select  Body,  4 
Oct.,  1808.. .770,  872;  799;  and  New 
York,  1808... 800  ;  at  New  York,  1813... 
801  ;  at  the  Seminary,  Bo.,  1805, 
1806.. .803,  812,  869;  and  aggregation 
to  S.J.  in  Russia,  25  Apr.,  1803. ..816  ; 
to  Grassi,  on  the  character  of  voca- 
tions to  Md.-Pa.  mission  S.J.,  20  Feb., 
1815... 835,  60  ;  848,  853  ;  to  Grassi,  on 
W.  Matthews  and  N.  Young,  20  Feb., 
1815... 881,  44;  sent  to  Charleston, 
S.C.,  1818,  and  recalled  by  Kenney, 
1820.. .896;  911,914;  memorial  of ,  and 
of  C.  Neale  to  the  General,  on  Mare- 
chal's  claims,  22  Nov.,  1822... 915-918  ; 
v.  Memorial ;  945,  947 ;  Marechal  on, 
and  Charleston,  S.C.,  1818.. .958  ;  to_F.  j 
Neale,  on  the  misunderstanding  with  j 
the  bishops,  10  June,  1811.  ..982,  983;  j 
on  the  characters  of  the  bishops,  982  ;  j 
994,  73,  1003,  1016,  1024;  to  the  , 
General,  on  the  Missouri  mission  S.J., 
and  the  concordat  with  Dubourg,  6 
May,  1823  ...  1825;  objection  to 
foreigners  S.J.  in  Md.,  1025 ;  the  pro- 
viding a  refuge  from  the  proceedings  of 
Marechal,  1025,  1140;  1027;  Bishop- 
elect  of  Boston,  Aug.,  1825...  1029 


Fenwick,  Cuthbert,  trustee  of  Copley, 
201,  202,  214,  217,  232,  13,  233, 14,  280, 
1043,  6 

Fenwick,  Edward,  O.P.,  Bishop  of  Cin- 
cinnati, 570 ;  case  of,  on  diocesan  pro- 
perty, and  the  Dominican  Order,  1826... 
572,  574 ;  to  E.  Scott,  S.J.,  16  Jan., 
1826... 574;  nominated  by  Flaget  for 
see  of  Cincinnati,  1820.. .584.  .10;  959, 
1053 

Fenwick,  Enoch,  S.J.,  261,  298  ;  executor 
of  Carroll,  315,  323  ;  318-321,  323,  374  ; 
wanted  by  Carroll  in  Baltimore,  1810... 
389,  2,  974,  976;  removed  from  Bo., 
without  MarechaFs  good  will,  1820... 
446,  898,  1002,7;  at  Frederick,  1823, 
in  Charles  Co.,  1825... 561,  956,  3;  766  ; 
admitted  into  the  Select  Body,  4  Oct., 
1808... 770,  872;  799;  at  the  Seminary, 
Bo.,  1805,  1806... 803,  812,  869;  and 
aggregation  to  S.J.  in  Russia,  25  Apr., 
1803... 816;  to  Grassi,  on  the  bull,  Sol- 
licitudo,  1  Dec.,  1814.. .845,  84,  941; 
861-863;  and  W.  Matthews,  on  the 
L.  Neale-Grassi  concordat,  1817.. .890; 
922,  942,  947,  988,  1002;  rector  of 
Georgetown  College,  1820... 1002,  7; 
1003 ;  nomination  of,  to  a  see  in  Florida 
and  Alabama,  1823.. .1020,  1052,  1053; 
1024 

Fenwick,  George,  S.J.,  475,  14 
Fenwick,  John,  O.P.,  862,  866,  947 
Ferdinand,   King    of   Naples,  817,   839, 

68 

Ferley,  Paul,  S.J".,  1150 
Fesch,  Cardinal,  Archbishop  of  Lyons, 
469,  472,  473,  480,  482,  495,  1;  to 
Marechal,  on  continuing  the  contro- 
versy with  S.J.,  27  Aug.,  1825... 532, 
533,  1088 ;  596,  2,  766,  5,  937,  939,  940, 
1019,  11,  1020 ;  Gradwell  on  devotion 
of,  to  Marechal,  1824... 1053;  and  the 
see  of  Lyons,  1053,  9 ;  1054  ;  Rozaven 
on  the  ardour  of,  in  combatting  S.J., 
1822...  1054-1056;  orders  of,  against 
the  Jesuits  in  the  diocese  of  Lyons, 
1822... 1055,  1056,  1132;  appointed  ar- 
bitrator in  the  Marechal  controversy, 
3  June,  1822.. .1056,  1060 ;  draft  by,  of 
a  concordat  with  the  General,  June, 
1822... 475,  1058-1063;  to  the  General, 
18  June,  1822... 1059;  the  General's 
criticism  on  the  draft,  18  June,  1822... 
1061,  7,  1063-1065 ;  to  the  General,  on 
dissolving  the  committee  of  arbitration, 
20  June,  1822.. .1065;  1066,  1067,  1082, 
1084,  1091 ;  speech  of,  May,  1826,  on 
Marechal's  case,  versus  the  Jesuits, 
1092,  1093,  1100,  1;  1102;  printed 
briefs  presented  by,  to  the  Propaganda 
for  Marechal,  1822,  1824,  1826... 402, 
403,  518,  1,  934,  10,  1081,  1083-1090, 
1092,  1113  ;  v.  Marechal 
Filicchi,  Mr.,  680,  978,  1127,  16 
Fingall,  Ann  Arundcll  Co.,  230,  235,  248, 


1184 


INDEX 


249,  252,  293  ;  alienation  of,  541,  21  ; 
734  ;  v.  White  Marsh 

Fisher,  Philip,  S.J. ;  v.  Copley 

Fitton,  Rev.,  184 

Fitzherbert,  Francis,  S.J.,  129 

Fitzpatrick,  Rev.,  Philadelphia,  243 

Flaget,  Benedict,  Bishop  of  Bardstoum, 
signature  of,  to  synodal  article,  1810... 
390 ;  to  Propaganda,  nominating  to 
sees,  5  Nov.,  1820... 584,  10;  professor 
at  Georgetown,  1796-1798... 765;  959, 
972,  976,  982;  to  Grassi,  on  Jesuits 
for  his  diocese,  1  Mar.,  1815... 982,  33; 
994,  1012,  1013 

Flanders,  5, 149,  218,  263,  682 

Fleet,  Henry,  104 

Fleetwood,  John,  S.J.,  resignation  of 
property  by,  236 

Fleming,  Francis  A.,  O.P.,  at  Philadel- 
phia, 1790-1792... 467,  6,  661,  51 ;  689 

Flemish-Belgian  province  S.J.,  344 

Florida,  19, 147 ;  diocese  in,  521,  526,  960, 
1019,  8,  1020 

Florissant,  Mo.,  381,  570,  1013,  5;  the 
Dubourg-C.  Neale  concordat  on,  1823... 
1022,  1023 ;  property  at,  assigned  by 
Dubourg  to  the  Missouri  mission  S.J., 
1823.. .1027  ;  v.  Missouri  mission  S.J. 

Floyd,  Francis,  S.J.,  254 

Floyd,  John,  Mr.,  745,  765 

Floyd,  Mrs.,  904 

Fontana,  Cardinal,  Prefect  of  Propa- 
ganda, 252, 19 ;  Marechal's  account  of, 
on  S.J.,  529,  557;  to  Marechal,  on 
priests  serving  voluntarily  in  a  diocese, 
5  May,  1821.. .573,  874,  21;  914,  1002, 
1048,  1050 ;  on  the  ancient  Jesuits, 
sole  clergy  in  Md.,  and  the  effectual 
restoration  of  S.J.  in  U.S.,  1821. ..1051 ; 
1144,  14 

Fontenai,  Marquis  de,  French  Ambas- 
sador, interview  of  Lords  G.  Balti- 
more and  Petre  with,  on  the  Chalcedon 
controversy,  8-10 

Ford,  John,  269 

Ford,  P.,  J.P.,  740,  790 

Foreign  Missions,  Congregation  of,  com-  : 
mended  for  U.S.  by  Antonelli,  689,  ! 
690,6 

Fort  Point,  Portobacco,  204 

Fort,  St.  Mary's  River,  126 

Fortis,  Luigi,  General  S.J.,  277,  6;  to 
Kohlmann,  on  privileges  S.J.,  3  Feb., 
1821. ..402,  49;  to  Marechal,  on  his 
claims  to  property  S.J.,  and  jurisdic- 
tion, 20  Jan.,  1822. ..404,  405;  demand 
for  documents  to  establish  claims,  405, 
419,  420 ;  reply  to  same,  4  Feb.,  1822 
...304,  24,  308,  26,  409-422;  Carroll's 
declaration  on  property  S.J.,  410,  439  ; 
L.  Neale's  declaration,  411,  440 ;  act 
of  Assembly,  Md.,  chartering  the  Cor- 
poration, 1792.. .412-415,  441;  the  ex- 
Jesuit  trustees,  the  Select  Body  of 
Clergy,  and  the  Corporation,  413-415, 


FORTIS,  LUIGI  (continued)— 

435,  436  ;  the  Carroll-Molyneux  agree- 
ment, 415-419,  440,  441 ;  v.  Assembly 
of  Maryland,  Concordats,  Corporation, 
Ex-Jesuits  American  ;  the  faculty  of 
alienating  property,  415,  416  ;  v.  Ec- 
clesiastical tenure  ;  nature  of  the  pro- 
perty in  possession  of  the  Jesuits,  307, 
308,  419-421;  value  of  tradition  in 
establishing  claims,  420,  421 ;  report 
of,  to  the  Propaganda,  Mar.-May,  1822 
...434,  447;  origin,  transmission,  and 
use  of  temporalities  S.J.  in  Md.,  435- 
439 ;  alleged  trusts  in  the  hands  of 
S.J.,  442,  443 ;  Marechal's  claim  to 
jurisdiction,  the  synodal  article,  1810 
...444;  Benedict  XIV.,  444,  479,480; 
cases  of  Gary,  Baxter,  E.  Fenwick, 
445,  446  ;  v.  Rozaven  ;  to  Pedicini,  on 
issues  with  Marechal,  24  May,  1822... 
478-480 ;  authentication  of  documents, 

479,  480 

To  C.  Neale,  on  executing  the  Papal 
brief,  re  White  Marsh  26,  30  July,  1822 
...484 ;  and  T.  Levins,  S.J.,  9  Oct.,  1824 
...527,  3;  (prohibition  to  receive  pen- 
sions for  tuition,  in  U.S.,  and  England, 
7  Nov.,  1823,  15  Oct.,  1824... 547,  31, 
1080 ;  to  B.  Fenwick,  refusing  to  cede 
St.  George's  Island  in  favour  of  Boston, 
17  Dec.,  1825.. .547,  32;  to  Kohlmann, 
calling  him  to  Piome,  14  Jan.,  1824... 
563  ;  to  Dzierozynski,  on  the  status  of 
the  Jesuits  in  Md.  'as  to  episcopal 
jurisdiction,  parishes,  and  the  Missouri 
mission,  24  Apr.,  1824.. .570,  571,  1135, 
9  ;  894,  51 ;  to  Leo  XII.,  on  Marechal 
and  the  Propaganda  decree,  27  July, 
1822,  re  S.J.  and  pastoral  ministry, 
1825. ..482,  1007,  1008;  four  constitu- 
tions of  Benedict  XIV.,  1007,  1008; 
v.  Benedict  XIV. 

To  the  Propaganda,  on  the  request 
of  Dubourg  for  missionaries  S.J.,  June, 
1821. ..1015;  preoccupations  of  the  re- 
vived S.J.  in  Europe,  and  on  men  and 
means  in  Md.,  1015 ;  to  Dubourg,  on 
the  concordat,  and  co-ordinate  juris- 
diction over  members  S.J.,  25  July, 
1823... 1025,  1026;  to  Dzierozynski,  on 
the  alienation  of  property,  11  July, 
1824,  3  Apr.,  1  May,  1825.. .1035,  1036 

To  Tristram,  on  the  civil  character 
of  the  property  S.J.  in  Md.,  23  Apr., 
1823. ..934,  12,  1040;  analysis  of  Ame- 
rican documents,  re  Corporation  and 
Marechal,  1823.. .327,  328,  1040,  1043, 
1044 ;  observations  of,  on  the  Anto- 
nelli-Carroll  correspondence,  the  see  of 
Baltimore,  and  property  S.J.,  1823... 
901,  23,  1044,  1046 ;  to  committee  of 
Cardinals,  conditions  of  a  compromise 
with  Marechal,  10,  18  May,  1822... 472, 

480,  1056-1058;  criticism   of   Fesch's 
concordat,    18    June,    1822... 1061,    7, 


INDEX 


1185 


FORTIS,  LUIGI  (continued) — 

1063-1065 ;  to  F.  Neale,  on  obedience 
to  the  Papal  brief,  and  transfer  of  the 
Corporation's  trust  to  S.J.,  7  Nov., 
1823... 1080;  letters  of,  re  Dzierozyn- 
ski's  appointment,  4,  13  Aug.,  1823... 
1080, 2 

To  Caprano,  state  of  the  Marechal 
controversy,  6  Dec.,  1823... 487,  2,  1080, 
1081 ;  on  the  new  conference  with  com- 
mittee of  Cardinals,  12  June,  1824... 
1081 ;  two  memorials  of,  19  June,  1824 
...521,9,  524,  5,  549,  35,  590,  26,  1063, 
10,  1081,  1082  ;  to  Dzierozynski,  on  the 
offer  to  be  made  of  a  pension  for  Mare- 
chal, 1  July,  1824... 524,  5,  528,4, 1074, 
1083,  9,  1090 ;  to  Caprano,  on  the  exe- 
cution of  the  Propaganda  decree,  26 
July,  1824,  enjoined  on  the  Jesuits, 
Md.,  17  Aug.,  1824. ..1084;  to  Soglia, 
and  the  commission  of  Cardinals,  on 
the  Roman  College,  Jan.,  1824... 557, 
46,  1085,  13;  memorial  to  the  Propa- 
ganda, 16  Aug.,  1825... 524,  5,  528,  4, 
550,  86,  1087,  1088,  1090;  to  Dziero- 
zynski, on  ditto,  and  the  situation, 
27  Aug.,  1825.. .524,  5,  1087,  1088;  to 
Caprano,  on  the  printed  Marechal  brief 
and  a  conference  with  the  Cardinals, 
16  June,  1826... 1092;  1093;  to  Dziero- 
zynski, on  the  Americans  S.J.  in  Italy, 
and  the  meeting,  29  May,  1826,  of  the 
Propaganda,  with  the  settlement,  25 
Jan.,  1827.. .1094,  1095,  1125,  13  ;  to 
Caprano,  promising  a  life  annuity  to 
Marechal,  27  June,  1826... 531,  1095- 
1097,  1099,  1101,  1116,  1125,  13;  to 
Dzierozynski,  on  the  new  claims  of 
Whitfield,  5  July,  1828... 1113;  to  Mossi, 
on  indifference  under  pecuniary  loss, 
1113,  8 ;  succeeded  as  General ;  v. 
Roothaan 

Foss,  John,  260 

Foster,  Francis,  Provincial  S.J.,  38-40 ; 
v.  Piccolomini 

Frambach,  James,  S.J.,  at  Frederick, 
1784... 310 -312,  630;  conveyances  of 
land  to,  in  Pa.,  345,  346,  348;  and  the 
suppression  S.J.,  1773.. .607  ;  638,691, 
691,  8,  722,  769,  1043,  6 

France,  a  refuge  for  English  Catholics, 
12  ;  147,  185  ;  bishops  of,  and  the  sup- 
pression S.J.,  671 

Francis  de  Sales,  St.,  616 

Franciscans,  missionaries  in  Maryland, 
1673.. .135;  in  U.S.,  1803;  v.  Egan 

Francisco,  mulatto,  213 

Franklin,  Benjamin,  and  a  bishopric  in 
U.S.,  619 

Franklin,  Mo.,  1013 

Frederick,  Md.,  lots  purchased  at,  276,6, 
309-312,  1043,  6  ;  277  ;  transactions  of 
Dubois,  the  Vincendieres,  and  the 
Corporation,  1798-1816... 310,  311,  804, 
807,  883;  and  S.  Lilly's  woodland, 


276,  6,  313  ;  attended  by  J.  Williams, 
1760... 311;  first  church  at,  311;  sup- 
ported by  the  mission  S.J.  in  general, 
311,  312,  336;  attended  by  Walton, 
1769.. .312;  by  Frambach,  1777. ..312; 
salary  for  the  missionary  at,  1770- 
1813.. .312,  804-807,  809;  G.  Hunter's 
report  on,  1765... 336;  and  the  novi- 
tiate, 1813,  1814.. .366,  373,  840,  841, 
879,  36  ;  college,  and  property  at,  380 ; 
Marechal  on  Jesuit  use  of  property  at, 
454 ;  on  extent  of  same,  542  ;  and  con- 
tributions to  the  support  ol  its  mis- 
sionary, 1795. ..545,  31;  551;  case  of, 
Pise  and  Marechal,  1823... 560,  561 ; 
575,  52;  v.  McElroy;  612;  sale  of 
outlets  at,  ordered  by  the  Select  Body, 
1784... 630;  691;  lots  in,  possessed  by 
Walton,  1793.. .734;  new  church  at, 
1798... 805;  856,954;  Marechal's  diary 
on  property  S.J.  at,  1818. ..1042;  Ec- 
cleston  on  the  church  S.J.  at,  1837... 
1135 

Frederick  Co.,  276,  345 

Frederick,  J.  Alphonse,  Rev.,  288,  15 

Freeman,  Mr.,  274 

Fremond,  Lewis,  213 

French  bishops  opposed  to  S.J.,  1822; 
v.  Richardot 

Fullam,  Catherine,  private  property  of, 
left  to  Irish  ex-Jesuits,  1149,  1150 

Fullam,  John,  S.J.,  administration  of 
Irish  ex-Jesuit  funds  by,  1776-1793... 
1149;  1150 

Fulwood,  Richard,  S.J.,  6,  7 


1  GABAEIA,  J.  S.,  S.J.,  to  the  General,  on 
subjects  proposed  for  the  Provincial 
Council,  Bo.,  25  July,  1837... 1135 

Gage,  George,  Rev.,  184 ;  to  R.  Smith, 
Bishop  of  Chalcedon,  187-190 

Gage,  Mr.,  donation  of,  to  Carroll,  809, 12 

Gail,  Levin,  Colonel,  206 

Galeffi,  Cardinal,  1083 

Galicia,  parishes  S.J.  in,  and  mainten- 
ance, 457,  29 

Gallagher,  Charles,  bequest  of,  to  W. 
Wappeler,  259 

Gallagher,  John,  251 

Gallagher,  S.  F.,  Rev.,  572,  50,  889,  912, 
913,  958 

Gallicanism,  846,  87,  1108,  1133,  1134,  6, 
1135,  9 

Gallitzin,  Demetrius  A.,  Rev.  Prince, 
nominated  by  Flaget  for  the  see  of 
Cincinnati,  1820... 594,  10;  764,  765 

Ganganclli,  650,  27 ;  v.  Bulls,  Clement 
XIV. 

Garnett  [Walley],  Henry,  6,  7 

Garnett,  Thomas,  S.J.,  1 

Garnett,  Luke,  213 

Gamier,  Antoine,  Superior  General  S.S., 


1186 


INDEX 


to  Marechal,  on  harmony  with  S.J., 
595 ;  745,  3,  756 ;  to  Carroll,  on  the  re- 
establishmeiit  S.J.  in  U.S.,  17  Jan., 
1806...  821,  19 

Gates'  Hope,  255,  256 ;  in  Zacchia,  733 

Gates,  Joseph,  donor  of  land  to  mission 
S.J.,  255-257 

Gates'  Purchase,  255,  256 

Gates'  Range,  256 

Gates,  Robert,  257 

Gavau,  Thomas,  S.J.,  204,  205 

Geissler,  Luke,  S.J.,  and  the  suppression 
S.J.,  1773... 607,  5,  661,51 

George  I.,  856,  115 

George,  Joshua,  210,  233,  283-285 

George,  Sidney,  286 

Georgetown  College,  D.C.,  246,  272,  275, 
276,  296,  301 ;  and  Sir  J.  James'  fund, 
360 ;  372,  378,  380,  381 ;  status  of,  and 
gratuitous  education  given  by,  437, 
438  ;  contributions  to,  from  estates 
S.J.,  1817...  437,  12;  scholarships 
founded  at,  1797-1814.. .437,  18;  debt 
of,  1824... 535,  3;  purchase  of  lots  for, 
539,  11,  12,  545,  29,  675,  4 ;  543,  26 ; 
Marechal  on  property  S.J.  at,  544,  545, 
29;  602 

Directors  of,  1786-1812... 666,  702, 
705,  754,  29,  785,  836,  62,  837,  64, 
869,  872,  876;  v.  Proceedings;  702; 
and  Dubourg,  president,  1796-1798... 
537,  6,  552,  40,  705,  7,.  785,  15;  lots 
devised  to,  by  N.  Young,  1815. ..717, 
718 ;  constituent  meeting  of  Select 
Body  on,  4  Oct.,  1793. ..739;  inaugura- 
tion of,  1791... 746;  affairs  of,  1792... 
747  ;  1796... 750,  751 ;  incorporation  of, 
ordered,  2  June,  1796... 750;  Carroll 
on,  1796,  1798... 752,  754;  completion 
of  building  at,  1800... 757;  course  of 
philosophy  at,  1800-1805... 757,  802; 
Carroll  on  the  management  of,  by  the 
Neales,  1800,  1808... 758,  787, 18,  799; 
appropriation  to,  of  Bohemia  estate, 
1801-1806... 761,  870;  debts  and  credit 
of,  under  Dubourg's  administration, 
761;  professors  at,  1801,  1802... 761- 
763;  and  the  Sulpicians,  1802... 793- 
795 ;  and  St.  Mary's  College,  Bo.,  1803- 
1808,  Carroll  and  L.  Neale  on,  797- 
800 ;  C.  Sewall  on,  and  conveyance  to 
S.J.  restored,  1803... 798,  799,  819 

Revival  of,  under  Grassi,  1813-1815 
...801  ;  established  with  aid  of  pro- 
perty S.J.,  Carroll  on,  814 ;  provision 
for  ecclesiastical  students  at,  by  the 
Corporation,  11  Sept.,  1806... 826,  870  ; 
Grassi,  the  General  S.J.,  Carroll,  L. 
Neale,  on  management  and  property 
of,  1811,  1812... 832-838;  succession  of 
presidents.  1791-1811. ..830,  41,  833; 
and  S.J.,  833,  834 ;  its  title  vested  in 
the  Corporation,  Carroll  on,  375,  819, 
834,  844,  989,  53 ;  control  of  temporali- 
ties in,  1812... 836-838,  840;  novitiate 


GEORGETOWN  COLLEGE  (continued)— 
at,  1813. ..840  ;  appropriation  to,  of  St. 
Inigoes  estate,  1806-1813... 841,  842, 
76,  870;  845,  83;  Carroll's  efforts  to 
vest  the  property  of,  in  the  Corpora- 
tion, 375,  853  ;  education  of  the  clergy 
in,  Carroll  on,  1815... 858,  859,  862, 
863,  944 ;  and  on  ecclesiastical  fund  to 
be  raised  for,  1815... 859;  the  General's 
criticism  on,  1813... 865,  142,  866; 
Brut6  on,  1817... 882;  and  reorganiza- 
tion, 1817... 890;  precarious  financial 
condition  of,  1818... 892;  B.  Penwick 
recalled  to,  1820. ..896;  902,  912,913, 
957 ;  clergy  educated  at  the  expense 
of,  437,  962  ;  condition  of,  1810,  1811, 
1838... 974,  989,  1123,  11;  982,  1001- 
1003 ;  J.  England's  account  of  the 
property,  1824. ..1134,  5;  Kohlmann 
against  a  parish  at,  1817... 1135,  9 

Georgetown,  Trinity  church,  551,  752, 
830,  41,  856,  934,  954 ;  v.  Proceedings  ; 
Kohlmann  against  a  parish  at,  1135,  9 

Gerard,  John,  S.J.,  5-7  ;  v.  White,  A. 

Gerard,  William,  S.J.,  70  ;  v.  Tamburiui 

Gerdil,  Cardinal,  Prefect  of  Propaganda, 
to  Stonyhurst  College,  14  Feb.,  1796... 
653,  33 

Germany,  259,  264 ;  bishops  of,  on  the 
suppression  S.J.,  671 

Gerrard,  Richard,  213 

Gerrarde,  Sir  Thomas,  and  voyage  to 
Norernbrage,  4 

Gesu,  Rome,  849 

Gettysburg,  Pa.,  576,  52 

Ghent,  33-166,  passim 

Ghiselin,  Ann,  310 

Gibraltar,  97 

Gibson,  Matthew,  V.A.,  Northern  dis- 
trict, England,  645,  649 

Gibson,  William,  V.A.,  Northern  district, 
646  ;  Carroll  on,  and  episcopal  inter- 
ference with  a  college,  1794... 751,  22; 
and  the  restoration  of  S.J.  in  England, 
1141,  1144 

Giffard,  Bonaventure,  V.A.,  London  dis- 
trict, issue  between,  and  the  Carmel- 
ites, 998 

Gillibrand,  Richard,  S.J.,  resignation  of 
property  by,  236 

Gillibrand,  William,  S.J.,  resignation  of 
property  by,  236 ;  237  ;  v.  Retz 

Gillow,  Thomas,  Rev.,  526 

Gilmett,  Rev.,  188,  189 

Gilpen,  Thomas,  254 

Gilpin,  Mr.,  274 

Gilpin's  hill,  274 

Glasgow  [Glascoe],  Dr.,  289,  297,  299,  307 

Glover,  Mr.,  859,  126 

Glover,  Thomas,  S.J".,  on  Stonyhurst  as 
a  Pontifical  seminary,  1144,  14 ;  1147, 
19 

Godfrey,  Samuel,  276 

Goff,  Mr.,  310 

Gonent,  James,  S.J..  61 


INDEX 


1187 


Gonzalez,  Thyrsus,  General  S.J.,  1688- 
1701,  letters  of,  to  J.  Keynes,  55,  56 ;    ! 
J.  Clare,  56,  57  ;  G.  Calvert,  57  ;  W.   ! 
Monford  [Murnford],  57-61 ;  J.  Persall, 
58;    W.  Hunter,  58,  59,  207,  17;  M. 
Wright,  60;  H.  Humberston,  61.62; 
J.  Blake,  62 

Goold,  Patrick,  288 

Gordon,  Mr.,  286 

Gortyna,  Bishop  of ;  v.  L.  Neale 

Goshenhoppen  [Coshenhopen],  Berks 
Co.,  Pa.,  Carroll  on  title  to  property 
SJ.  at,  243  ;  275  ;  devised  by  wills  of 
Lewis,  Robert  Molyneux,  344,  345, 
348  ;  description  of,  346,  348  ;  350,  351 ; 
G.  Hunter's  report  on,  1765... 351; 
waste  at,  and  lawsuit,  353-355, 916 ;  v. 
Erntzen  ;  extent  and  yield  of,  1824- 
1830... 379,  381;  382,  20,  691,  10;  v. 
Proceedings 

Gradwell,  Robert,  Dr.,  510 ;  on  Propa- 
ganda instructions  regarding  Jesuits, 
817,  10,  1110,  17 ;  1047 ;  to  Marechal, 
accepting  the  post  of  Roman  agent, 
9  Feb.,  1821. ..1048;  on  Jesuits  appro- 
priating pious  foundations,  1048 ;  on 
American  affairs,  and  his  speech  to 
Card.  Fontana  against  the  Jesuits, 
23  June,  1821...  1050,  1051 ;  Fontana  on 
the  effectual  restoration  of  S.J.  in  U.S., 
1051 ;  to  Marechal,  on  the  efficiency  of 
his  agency,  5  Oct.,  1821...  1051 ;  on 
Marechal's  packets  for  the  Propaganda, 
and  upholding  the  claims,  24  Apr., 
1823.. .1051,  1052  ;  difficulties,  31  July, 
1823... 1052  ;  a  new  state  of  the  case 
with  the  Jesuits,  10  Nov.,  1823... 1052  ; 
on  the  reactionary  enthusiasm  of  the 
Pope  and  Cardinals  in  favour  of  Jesuits, 
and  onFesch,  17  Jan.,  1824... 1052  ;  the 
restoration  of  the  Roman  College  to 
S.J.,  1824. ..1053;  ditto,  and  the  pre- 
ponderance of  S.J.  with  Pope  and 
Cardinals,  28  Feb.,  1824.. .1053;  on 
S.J.  in  Md.,  23  Apr.,  1824.. .1054;  the 
new  decree,  6  July,  1824,  of  Propa- 
ganda, 5  Aug.,  1824. ..1082,  1083;  on 
S.J.  predominant  with  the  Cardinals, 
1083  ;  restoration  of  the  Roman  College 
to  S.J.,  1083 

Proposal  of,  to  expropriate  Roman 
College  funds  for  Marechal,  2  Jan., 
21  Aug.,  1825... 557,  46,  1084,  1085, 
1087  ;  on  the  meeting,  29  May,  1826,  of 
the  Propaganda,  and  on  the  Cardinals, 
18  June,  1826... 558,  47,  1092-1094; 
first  receipt  of,  for  a  Marechal  life 
annuitv  from  the  General  Fortis, 
5  Jan.,"  1827... 531,  1098,  1099, 1101 ;  to 
Marechal,  on  the  provisional  life  an- 
nuity, and  documents,  27  Feb.,  1827... 
531,  532, 1099-1101,  1126,  13  ;  on  Iron- 
side, 596,  1,  1101 ;  on  the  life  annuity 
being  a  perpetuity,  4  Sept.,  1827... 532, 
1100,  1102,  1103;  citation  of  Card. 


Capellari  by,  1102-1104,  1108  ;  transla- 
tion of  Whitfield's  letter,  5  Feb.,  1828, 
presented  to  the  Propaganda  by,  1100, 
1104,  1107 

As  a  reporter  and  translator,  843,  79, 
1079,  1082,  7,  1104,  1105,  3,  4,  1106,  5, 
6,  1107,  1110,  17  ;  made  a  bishop,  1104 ; 
1108,  1109  ;  to  Caprano,  account  of  his 
campaign  against  the  English  Jesuits, 
and  on  the  Severoli  rescript,  1824  .. 
843,  79,  1110,  17,  1139,  3;  to  R. 
Thompson,  on  his  Roman  agency  and 
English  S.J.,  1  Jan.,  1827... 1111,  17, 
1145  ;  1114  ;  and  the  restoration  of  S.J. 
in  England,  1823.. .1141,  1145;  1147, 
18 ;  succeeded  in  the  agency ;  v. 
Wiseman 

Graessel,  Lawrence,  S.J.,  and  St.  Mary's 
church,  Philadelphia,  1788.. .365;  467, 
6 ;  and  aggregation  to  S.J.  in  Russia, 
25  Apr.,  1788. ..683,  684  ;  687,  721 

Grassi,  John  A.,  S.J.,  354,  355,  366,  402, 
496,  1  ;  to  Carv,  on  the  Severoli  re- 
script, 19  Oct.,  1814.. .513,  2;  on  Du- 
bourg,  Georgetown  College,  and  the 
.  Corporation,  537,  6,  1136,  2;  nomi- 
nated by  Flaget  for  a  see  in  Michigan, 
1820.. .584,  10;  on  religious  liberty  in 
U.S.,  624,  5,  1110,  7;  Ashton's  will  in 
favour  of,  717 ;  785,  15 ;  revival  of 
Georgetown  College  by,  1813-1815... 
801 ;  on  the  character  of  Carroll,  831, 
46;  to  Plowden,  on  the  situation  in 
Md.,  8  Oct.,  1811.. .833;  to  the  General, 
20  Dec.,  1810... 833;  made  superior, 
Oct.,  1811. ..833,  834,  55  ;  Bitouzey  on, 
13  Oct.,  1813.. .368,  833,  32;  to  L. 
Neale,  on  control  of  Georgetown  tem- 
poralities, 13  Sept.,  1812.. .837;  on 
directors  and  Corporation,  Sept.,  1812 
..  837,  64;  838,  65;  on  Bitouzey,  and 
the  novitiate,  Apr.-June,  1813... 839- 
841 ;  petitions  of,  to  the  Corporation 
and  directors,  840,  841,  73;  Carroll  on, 
June,  1813... 841 ;  to  Gary,  on  Bitouzey 
and  White  Marsh,  24  Apr,,  25  Sept., 
1813... 373,  839,  840,  842,  76;  850 

To  Beschter  and  Kohlmann,  on  an 
anti-Jesuit  combination,  and  on  Car- 
roll's policy,  4  Jan.,  1814,  4  Mar., 
1815.. .372,  852,  853,  944;  Carroll  on, 
1815... 861;  864;  to  Plowden,  review 
of  experience  in  U.S.,  23  Nov.,  1815... 
864-866  ;  on  the  members  S.J.  sent 
from  Russia,  866,  144;  to  Cary,  on 
Ashton's  estate,  10  Mar.,  11  Apr.,  1815 
...881,  44,  944;  admitted  into  the 
Select  Body,  14  Feb.,  1816... 883;  a 
trustee,  15  Feb.,  1818... 883  ;  v.  Pro- 
ceedings ;  concordat  of  L.  Neale  with, 
3  Apr.,  1816.. .301,  302,  307,  458,  459, 
560,  48,  888,  889  ;  v.  Concordats  ;  and 
a  voyage  to  Rome,  1817... 889;  in 
Europe,  1817... 548,  33,  890,  954; 
913,  3. 


1188 


INDEX 


GRASS:,  JOHN  A.  (continued)— 

To  Gary,  on  W.  Matthews,  and  the 
novitiate,  Washington,  10  Mar.,  1815... 
944;  955,  958;  to  the  General,  on 
Marechal's  claims,  and  repudiation  of 
the  L.  Neale-Grassi  concordat,  24 
Dec.,  1821... 968,  969;  to  Plowden,  on 
the  tension  between  Carroll  and  S.J.  in 
Md.,  10  Jan.,  1811. ..978,  979  ;  on  Cou- 
canen  and  the  Papal  brief,  978,  979 ; 
the  Chinese  mission  for,  and  action  of 
the  Propaganda,  1805-1807... 838,  68, 
981,  31,  1006,55;  982;  letters  of,  to 
the  General,  on  C.  Neale,  988;  the 
General  on,  1811.. .992;  995;  to  Kohl- 
mann,  on  Marechal,  Pius  VII.,  and 
regulars,  1820...  1006,  26;  1010;  ap- 
pointed procurator,  17  Feb.,  1818... 
1034 ;  and  a  pontifical  faculty  for 
alienating  property,  1818... 1034,  1036  ; 
to  the  General,  on  matters  for  the 
Provincial  Council,  Bo.,  1829. ..1134 

Gravener,  John  ;  v.  Altham 

Gray,  George,  Provincial  S.J.,  42 ;  v. 
Nickel ;  48  ;  v,  Oliva  ;  134 

Greaton,  Joseph.  S.J".,  beneficiary  under 
the  will  of  James  Carroll,  sen.,  251, 
252  ;  in  Philadelphia,  and  his  expenses 
for  maintenance,  343 ;  purchases  and 
transmission  of  property  by,  345,  346, 
348-350 

Gregory  VII.  [Hildebrand],  St.,  and  the 
proposal  to  expunge  his  office,  1829... 
1134 

Gregory  XIII.,  1034,  1035  ;  v.  Bulls 

Gregory  XV. ;  v.  Bulls 

Gregory  XVI. ;  v.  Bulls 

Green,  Benjamin,  jun.,  296 

Green  C.,  Mr.,  806 

Green,  Eleanor,  273 

Green,  William,  273 

Greene,  Benedict,  297 

Greene,  Richard,  account  of,  by  A.  White, 
6,7 

Greensburgh,  Pa.,  360 

Greme,  A.  J.,  289,  306,  25,  905 

Grene,  Christopher,  S.J".,  7 

Grey,  Gilbert ;  v.  Talbot,  G. 

Griffin,  Bartholomew,  220 

Griffin,  Bernard,  219,  220 

Griffin,  Rev.,  Ashton's  will  in  favour  of, 
717 ;  872,  873 

Griffiths,  Edward,  Registrar,  203,  204 

Grigston,  Thomas,  213 

Grivel,  Fidele,  S.J".,  to  the  General,  on 
Dubourg's  request  for  missionaries, 
and  views  regarding  S.J.,  8  Oct.,  1816 
...1010,  1011;  expenses  of  travelling 
from  Russia,  1011 ;  to  Landes,  on  the 
error  in  the  Papal  brief  of  1822, 14  Feb., 
1831. ..1070;  to  the  General  and  Landes, 
on  the  Jesuit  mission  books  and 
archives,  Jan.-Aug.,  1831... 1132,  36 

Gruber,  Gabriel,  General  S.J.,  376,  377  ; 
and  the  restoration  of  S.J.  in  Md., 


387,  388;  394,  397,  816-818;  to  Car- 
roll, delegating  him  for  the  appoint- 
ment of  a  superior  in  U.S.,  13  Mar., 
1804... 820,  873;  821 

Guadeloupe,  101 

Guerrieri,  Cardinal,  1083,  1147 

Gulf  of  Mexico  [Gulf  of  Florida],  99, 139, 

147 

j   Gulick,  Nicholas,  S.J".,  49,  56, 135  ;  bene- 
ficiary under  Londey's  will,  219,  220 

Gunby,  Francis,  205,  221 

Guthrie,  Robert,  jun.,  345,  346,  349 
I   Gutterick,  Francis,  205 

Gutterick,  George,  204 

Gutterick,  Robert,  204,  205 

Gwinu,  John,  clerk,  294,  736 


H 


HAGAN,  THOMAS,  277,  349 

Hagan,  William,  257,  277 

Halifax,  N.S.,  a  foundation  for  S.J.  at, 
1008,  1 

Hall,  Francis,  251 

Hall,  Mr.,  331 

Halnat,  Rev.,  814  ;  v.  Paccanarists 

Hammond,  Philip.  254,  255 

Hanover,  Pa.,  lots  for  the  R.  C.  church 
in,  350 

Hans,  Thomas,  286 

Hanson,  Mr.,  crier,  274 

Hanson,  Robert,  surveyor,  272 

Hanson,  Walter,  273 

Harcourt,  Thomas,  Provincial  S.J.,  49, 
136 

Harding,  Robert,  S.J.,  72-75,  81 ;  resig- 
nation of  property  by,  236 ;  254,  259 ; 
contributions  of,  to  St.  Joseph's  settle- 
ment, Talbot  Co.,  Md.,  331 ;  transmis- 
sion of  property  through,  and  will  of, 
345,  346, 348-350,  363  ;  607,  6,  661,  51 

Harent,  Joseph,  S.S.,  on  Jesuit  estates 
and  sees  in  U.S.,  714,  797,  48 

Harford  Co.,  Md.,  265,  277,  278;  288- 
308,  passim ;  v.  Deer  Creek 

Harold,  William  V.,  Rev.,  574,  857,  861, 
984 ;  appeal  of,  to  Clay,  Secretary  of 
State  U.S.,  1828... 1110 

Harper,  Mr.,  lawyer,  491 

Harper's  Ferry,  841 

Harris,  James,  surveyor,  221,  287 

Harris,  John,  265,  288 

Harris,  Mr.,  consul  in  Russia,  995 

Harrison,  Henry,  S.J.,  62,  138 

Harrison,  Joseph,  274 

Harrison,  Rev.,  184 

Harvey,  Thomas,  S.J".,  and  New  York, 
1683... 50,  138,  140 

Havana,  and  Dubourg,  1799-1803... 765, 
766, 797  ;  v.  Dubourg 

Havers,  W.,260 

Hawkins,  Mr.,  281 

Hazard,  205,  206,  221,  222,  232,  271  ;  v. 
St.  Thomas's  Manor 


INDEX 


1189 


Heard,  Joseph  B.,  362,  5,  898 

Hearn,  Anthony,  Rev.,  and  West  Chester, 

Pa.,  335,  807,  809,  868 
Heath,  Charles,  224 
Heath,  Daniel  C.,  285-287 
Heath,   James,  208,  209,  223,  224,  282, 

283,  285, 1042 
Heath,  James,  jun.,  285 
Heath,  James  P.,  bequest  of,  to  Bohemia, 

259,  285 

Heath,  Mary,  224 
Heath,  Mr.,  205 
Heath,  Samuel,  223 
Heath,  Thomas,  213 
Heaths  Longlands,  209,  210,  223,  233 
Hebb,  Vernon,  233,  14 
Hebden,  Thomas,  surgeon,  127 
Hedger,  Bobert,  213 
Helbruu,  Peter,  Rev.,  344,  691,  10, 983 
Hernersby,  Mr.,  London,  264 
Henry  VIII.,  and  expropriation,  1062,  9 
Henry,   John,    S.J.,  853 ;  from    Russia, 

871,  884;  at  Bohemia,  1817... 888  ;  946, 

14,  1020,  13 
Herbert,  Mr.,  architect  of    Georgetown 

College,  948 

Herculais,  Comte  dc,  1133 
Hereford  township,  Berks  Co.,  Pa.,  344 
Herman,  Augustine,  221,  283 
Herman's  branch,  210,  283 
Heron  Islands,  Potomac,  102,  215 
Herrman,  Ephraim  A.,  Colonel,  210,  284 
Hervey,  Nicholas,  213 
Higgens,  Mary,  251,  18,  275 
Hill,   Charles,  and   the    case   of    Upper 

Marlborough  church,  1826... 581,  4 
Hill,  Clement,  surveyor,  289 
Hill,  John,  213 
Hill,  Richard,  251 
Hilton  [Rome],  335 
History  of  the  mission  S.J.,  Md.,  1639... 

24 

Hoban,  Captain,  948 
Hodder,  Stonyhurst,  833,  851 
Hodges,  Benjamin,  213 
Hodgson,  Joseph,  Rev.,  641 
Hodgson,  Thomas,  S.J.,  66,  210 
Hogan,  William,  Rev.,  1020 
Holden,  Dr.,  184,  855,  115 
Holland,  A.  White  in,  128 
Hollohan,  Con,  344 
Holmes,  William,  923,  924 
Holtby,  Richard,  S.J.,  7 
Holy  Sepulchre,  convent  of,  Liege,  264 
Holyday,  Mr.,  lawyer,  331 
Holywell,  Flintshire,  Wales,  280 
Hoogstraet,  Flanders,  263 
Hooper,  Henry,  213 
Horwood,  John,  213 
Hothersall,  Thomas,  S.J.,  incapacity  of, 

for  the  priesthood.  61,  140 
Houghton,  Henry,  S.J.,  75 
Howard,  Colonel,  320 
Howard,  Frances,  annuity  fund  of,  en- 
joyed by  the  mission  S.J.,  Md.,  239 


Howard,  John,  S.J.,  672 

Howard,  Thomas,  O.P.,  1669... 197 

Hoxton,  Walter,  259 

Humberston,  Henry,  Provincial  S.J.,  61, 
62 ;  v.  Gonzalez 

Hunter,  George,  S.J.,  231,  235,  257; 
and  the  transmission  of  property,  254- 
256,  269-271,  273-277  ;  263,  264  ;  bond 
of,  for  the  transmission  of  property  to 
J.  Lewis,  269 ;  project  of  Bdeuburgh 
town  by,  280-282,  413,  15,  1033 ;  291 ; 
concordat  of,  with  H.  Corbie,  Pro- 
vincial, 1759 ;  v.  Concordats  ;  and  pur- 
chase of  lots  at  Frederick  by,  1765... 
309 ;  report  of,  on  the  Md.-Pa.  mission 
S.J.,  to  the  Provincial,  J.  Dennett, 
1765.. .312,  328,  335-338,  351,  352,  541, 
21 ;  purchase  of  lot  in  Baltimore  by, 
1764.. .313,  314;  331,  332;  contribution 
of,  to  St.  Joseph's  settlement,  Talbot 
Co.,  Md.,  332  ;  alienation  by,  at  Fingall, 
White  Marsh,  541,  21 ;  to  C.  Stuart, 
re  Fingall,  21  Sept.,  1778. ..541,  21; 
wills  of,  541,  21,  732-735;  and  the 
suppression  S.J.,  1773... 607 ;  608,  626, 
656 

Hunter,  Mrs.,  a  legacy  of,  263 

Hunter,  William,  S.J.,  58,  59;  v.  Gon- 
zalez; 62;  his  titles  to  property  S.J., 
Md.,  1720...  201-207;  218,  221,  222; 
assigns  chattels  of  Newtown  to  T. 
Jameson,  1717. ..222,  223;  224,  232, 
273,  274 

Hunt's  Venture,  256 

Hurley,  Mr.,  800 

Hurst  Castle,  95 

Hynes,  James,  260 


IGNATIUS  LOYOLA,  St.,  358, 671,  849,  866, 
144,  873,  18,  990,  57,  1090,  2 

Illinois  country,  688,  691,  8 

Indiana  Co.,  Pa.,  360 

Indian  Bridge  mill,  380,  19 

Indians :  missions  among,  in  Md.,  1639 
...23;  the  Tayac's  conversion,  24,  25, 
103,  113-121,123;  baptisms,  31,  113- 
125  ;  remoter  tribes,  31 ;  39 ;  young 
missionaries  apt  to  learn  the  language 
of,  41;  104-106;  King  of  Patuxent, 
Maquacomen,  113  ;  of  the  Anacostans, 
118,  120, 121 ;  Patorieck,  120 ;  method 
of  missionary  travelling,  123  ;  147 

Gifts  of  land  from,  to  the  Church, 
166,  170 ;  Silvius  on  their  lands  and 
the  Church,  172-178;  gift  of  land  by 
the  King  of  Patuxent,  170,  180 ;  Lew- 
ger's  bill  against  same,  179;  Md. 
Assembly's  bill  on  trade  with,  1638... 
174,  3;  Cecil,  Lord  Baltimore's  draft 
for  assignment  to  him  of  Indian  church 
property,  190,  191 ;  draft  of  concordat 
by  same  with  missionaries  S.J.,  for  the 


1190 


INDEX 


INDIANS  (continued)— 

renunciation  of  said  rights,  192,  193 ; 
and  of  other  rights,  ecclesiastical  as 
well  as  civil,  193-196 

Of  Upper  Louisiana,  on  the  Missouri 
River,  1815...  1008;  1013;  subsidies 
for  same,  from  the  Government  U.S., 
1823... 1018,  1019;  Marechal  on,  1019, 
1020 ;  concordat  on,  between  Dubourg 
and  G.  Neale,  19  Mar.,  1823.. .1021- 
1024 ;  Rosati  on,  to  the  General  S.J., 
1824.. .1027 

Indies  :  English  aspirants  S.J.  for  the 
missions  in,  34,  35 ;  42,  60 ;  barter 
customary  in,  170 

Indies,  East,  and  China :  mathematical 
acquirements  of  missionaries  for,  20 ; 
43,  1 ;  60,  234,  17 

Indies,  West :  the  Spanish  colonies  in, 
4,  5,  14,  18 ;  place  of  refuge  for  Mary- 
land Catholics,  1646...  33;  faculties 
for,  20,  182,  188,  189 ;  36 ;  five  Spanish 
provinces  S.J.  in,  1740... 81;  108,  150, 
234:,  17;  state  of  R.  C.  clergy  in  1773... 
602 

Ingleby,  Edward,  S.J.,  61 

Inglesi,  Rev.,  1013-1015,  1019,  1021 

Inquisition  [Holy  Office],  memorial  to, 
of  Provincial  S.J.,  England,  on  diffi- 
culties with  Cecil,  Lord  Baltimore, 
178-181 

Irish  bishops,  Carroll  on,  856 ;  Egan  on 
the  power  of,  to  call  out  regulars,  985  ; 
letter  of,  on  the  imprisonment  of  the 
Pope,  994  ;  decrees  of  the  Propaganda 
on,  and  regulars,  1743-1750... 985,  44; 
and  ordination  of  members  S.J.,  1811, 
1828. ..975,  11,  1146;  resolution  of 
Irish  ex-Jesuits,  with  reference  to, 
1793  ...1149;  claims  to  funds  S.J., 
advanced  in  the  name  of,  1807-1810... 
1150-1153  ;  v.  Irish  mission  S.J. 

Irish  mission  S.J.,  Card.  Consalvi,  1S02, 
Card.  Borgia,  1804,  on  status  of  Jesuits 
in,  817,  6,  10 ',  Plowden  on  affairs  of, 
1808.. .830,  43;  Carroll  on  ditto,  and 
property  of,  1809... 830,  831,  1037;  843, 
77 ;  and  the  Severoli  rescript,  1813. . . 
843;  Carroll  on  opposition  to,  1815... 
850,  855;  851;  the  General  on  the 
title  of  ordination  for  S.J.  in  Ireland, 
1811  ...975,  11;  and  property  rights 
after  the  suppression  S.J.,  1041,  21, 
1153 ;  political  status  of,  before  the 
suppression,  1140 ;  funds  of,  at  the 
suppression,  and  use  of  same  after, 
1148-1150,  1153  ;  act  of  submission  to 
the  brief  of  suppression,  1773,  and  list 
of  members,  1148,  1 ;  resolutions  of 
ex-Jesuits  on  the  funds,  1776... 1149, 
1151 ;  alternative  resolution,  with 
reference  to  Irish  bishops,  1793... 1149 ; 
claims  to  the  funds  of,  advanced  in  the 
name  of  Irish  bishops,  1807-1810... 
1150-1153 ;  Brzozowski,  on  legal  diffi- 


culties respecting  the  property  of,  1807 
...1152,  5 

Irish  priests,  Marechal  on,  461,  462 ; 
Benedict  XIV.  on,  1753... 461,  1;  the 
Propaganda  on,  and  the  English 
mission,  1724.. .999 

Ironside,  George,  456.  523,  2,  538,  9 ;  to 
the  General  S.J.,  on  the  interposition 
of  the  American  Government,  re  Papal 
brief,  16  Dec.,  1825  ...554,  41,  1078, 
1079,  15;  Marechal  on,  1826...  596; 
Gradwell  on,  1827. ..596,  1,  1101 ;  com- 
munication of  State  documents  to  the 
General  S.J.  by,  16  Dec.,  1825... 596, 1, 
919,  1078,  1079,  1088,  18 ;  to  G.  Fen- 
wick,  on  his  situation,  11  May,  1824... 
1078,  13;  the  General,  12  June,  1825 
...919,55,  1079,  15 

Italy,  147,  148 ;  taxation  of  clergy  in, 
1908... 543,  25;  bishops  of,  on  the  sup- 
pression S.J.,  671 ;  683 ;  American 
scholastics  in,  1816-1829 ;  v.  Maryland- 
Pennsylvania  mission 


j   JAMAICA,  a  mission  S.J.  to,  1684... 53 

Jamar,  Henry,  S.J.,  62,  63 

James  II.,  140 

James,  Henry,  213 

James,  Sir  John,  fund  of,  established 
for  missioners  S.J.  in  Pennsylvania, 
239,  7;  261,  262;  for  missionaries, 
English  or  German,  263 ;  income  by, 
for  missions,  Pa.,  1765... 351;  claimed 
in  commendam  by  H.  Conwell,  Bishop 
of  Philadelphia,  261,  359,  360 ;  admini- 
stration of,  by  the  Select  Body  of 
Clergy,  1784-1796  ...  630,  691,  773; 
balanced  in  London,  against  debts  of 
Md.-Pa.  mission,  1759-1811... 309,  360, 
4 ;  641,  773 ;  Carroll  to  Beschter  on, 
30  July,  1812.. .641,  9,  835;  payment 
made  in  Md.,  1  Mar.,  1775... 263,  657, 
42;  Ashton  and  Strickland  on,  1785- 
1788... 657-664 

Jameson,  Thomas,  sen.,  assignment  to, 
of  Newtown  chattels,  by  W.  Hunter, 
1706... 222,  223 

Jamestown,  Va.,  146,  2 

Jansenism,  62,  998 

Japan,  20 

Japanese  mission,  S.J.,  20;  language 
akin  to  Indian,  128  ;  Sea,  128 

Jenkins,  Augustine,  S.J.,  trustee ;  v. 
Proceedings ;  devise  by,  of  Truth  and 
Trust  to  the  Corporation,  380,  19,  631, 
6;  and  the  suppression  S.J.,  1773... 
607,  5 ;  Carroll  on  character  of,  626 ; 
660,  51 ;  and  aggregation  to  S.J.  in 
Russia,  25  Apr.,  1788... 684;  720,  769 

Jenkins,  Edmund  C.,  380,  19 

Jenkins,  Edward,  305,  904 

Jenkins,  Peter,   S.J.,  England,  annuity 


INDEX 


1191 


to,  from  the  Corporation,  1801,  1802... 
807,  809;  gift  of,  to  Carroll,  17'JO... 
809,  12 ;  debt  due  to,  by  the  Corpora- 
tion, 1820... 902 

Jenkins,  Thomas,  305,  904 

Jenkins,  William,  305,  324,  904 

Jenifer,  Mr.,  281 

Jenison,  W.  H.,  273 

Jennifer,  Daniel,  217,  218 

Jerichoe,  Deer  Creek,  289 

Jerusalem,  147 

Johnson,  Father  S.J.,  to  R.  Plowden,  on 
a  publication  of  the  latter,  re  ex-Jesuit 
property,  England,  1801... 851,  98 

Johnson,  Senator  U.S.,  1122 

Johnson,  W.  A..,  diocesan  treasurer,  West- 
minster, 262 

Jones,  Louisa,  279 

Jones,  Thomas,  289 

Joseph  II.,  of  Austria,  1134,  6 

Josephism,  1134,  6 

Jumel,  Mr.,  New  York,  994,  73 

Jus  patronatus :  in  U.S.,  Marechal  on, 
460,  464,  4,  514,  4 ;  515,  622,  623,  708, 
757,  773,  8,  775,  776;  Carroll's  pro- 
vision for,  in  concordat  with  Molyneux, 
1805.. .514,  4,  929,  930;  Carroll's  for- 
mula for,  828,  829  ;  868,  872, 965, 1047, 
1048 ;  v.  Proceedings ;  Gradwell  on, 
1050,  1051 ;  in  England,  655,  37,  1047, 
1048 

Juveneau,  P.  A.,  218 


K 


KAUFPMANN,  JOSEPH,  360 

Kavanagh,  novice  S.J.,  Ireland,  1150 

Kazionne,  908 

Keatch,  George,  274 

Keily,  Jeremias,  S.J.,  551,  561 ;  and  the 
case  of  St.  Peter's  church,  Washington, 
562-567 

Keller,  Wendel,  donation  of  lots  by,  for 
B.  C.  church  at  Hanover,  Pa.,  350 

Kelly,  Patrick,  Bishop  of  Richmond,  959, 
1049 

Kemp,  Thomas,  218 

Kemper,  Herman,  S.J.,  672 

Kenney,  Peter,  Visitor  S.J.,  357,  390, 
391 ;  on  Marechal's  claims,  1820.. .402  ; 
the  scholastics  S.J.  sent  by,  to  the 
Roman  College,  548,  33;  895;  ordi- 
nance of,  on  the  management  of  tem- 
poralities, Apr.,  1820... 896-898, 899, 11, 
902, 1003,  1032, 6,  1035  ;  statement  of, 
to  the  councillors  of  Md.-Pa.  mission, 
Apr.,  1820.. .898, 899, 1002  ;  to  Marshall, 
on  debts,  7  Aug.,  1820.. .902;  913,  2, 
914;  and  Marechal,  1820...  1001-1006; 
regard  of,  for  Marechal,  1001-1003; 
to  De  Earth,  on  the  difficulties  with 
Marechal,  24  Apr.,  1820.. .1002,  1003  ; 
Memoranda  of,  on  episcopal  interfer- 
ence with  religious  authority,  1820... 


391,  973,  997,  1003-1006;  in  Rome, 
1820... 1006,  26  ;  and  nomination  to 
the  see  of  Philadelphia,  1820... 1014,  6  ; 
a  novice  S.J.,  1804. ..1150;  1153 

Kenny,  Patrick,  Rev.,  and  the  purchase 
of  property,  White  Clay  Creek,  Del., 
1806... 335,  868,  870;  and  conveyance 
of  Mill  Creek  Hundred  property,  1810 
...335;  379;  at  Holy  Trinity  church, 
Philadelphia,  1811... 934 

Kent  Co.,  209,  223 

Kentucky  ;  v.  Flaget ;  English  Domini- 
cans in,  1812. ..801, 994  ;  status  of  dio- 
cese, 1821... 859 

Key,  lawyer,  438,  18 

Key,  Mr.,  226 

Keynes,  John,  Provincial  S.J.,  51-54, 
224;  v.  De  Noyelle ;  55,  56;  v.  Gon- 
zalez 

Kilkenny,  863 

Killick,  William,  S.J.,  compiler  of  Md. 
land  'records  S.J.,  201,  1,  202,  5,  203, 
205,  13,  206,  14,  207 

King,  Walter,  213 

Kingdon,  John,  S.J.,  resignation  of 
property  by,  236 ;  257 

Kings  Town,  Queen  Anne's  Co.,  church 
lots  in,  260,  261,  791 

Kingsley,  Owen,  S.J.,  70,  71,  77 

Kirton,  William,  218 

Kittamaquund  [Tayac] ;  v.  Indians 

Knatchbull,  Francis,  S.J.,  136 

Knatchbull,  Robert,  S.J.,  83 ;  resignation 
of  property  by,  236 ;  devise  of  lands  in 
Queen  Anne's  Co.  by,  259,  260 

Knight,  Alexander  T.,  330 

Knight,  Mr.,  Commissary,  210  (h) 

Knight,  William,  clerk,  285 

Knott,  Edward,  Provincial  S.J.,  in 
prison,  18;  23,  24,  26-32;  v.  Vitel- 
leschi ;  32,  33  ;  v.  Sangrius  ;  41,  42  ;  v. 
Nickel  ;  112  ;  to  Rosetti,  on  Lord  Bal- 
timore's four  Points,  17  Nov.,  1641... 
165,  166  ;  Notanda  on  the  Points,  168- 
172,  490,  7,  1033 

Knowles,  John,  S.J.,  approved  for  Mary- 
land, 20 ;  death  of,  22  ;  212,  213 

Kohlmann,  Anthony,  S.J.,  trustee;  v. 
Corporation  ;  305 ;  to  the  General,  on 
Marechal's  claims,  and  the  value  of 
St.  Peter's,  Bo.,  given  for  the  cathedral, 
1  Mar.,  1819,3  Oct.,  1821.. .324,  325, 
402  ;  to  the  General,  on  means  of  sup- 
port for  the  Catholic  Seminary,  Wash- 
ington, 5  Dec.,  1821,  19  Feb.,  1822... 
457,  29,  546, 30  ;  v.  Seminary  Catholic  ; 
496,  1  ;  to  the  Pope,  on  Marechal's 
claims,  1826.. .523,  3,  546,  30,  573,50, 
591,  939,  940,  1089;  criticism  of,  on 
Marechal's  propositions  against  the 
Jesuits,  1826... 535-554,  3,  4,  6,  8,  11, 
12,  29,  30,  35,  36,  39,  41,  1088,  1089  ; 
on  Dubourg  and  Georgetown  College 
debts,  538,  6;  assignment  by,  of  A. 
Divoff's  legacy  to  the  Catholic  Semi- 


1192 


INDEX 


KOHLMANN,  ANTHONY  (continued) — 
nary,   30  Sept.,   1820. ..538,  8;  rejects 
offer  of  St.  Peter's  church,  Washing- 
ton, 12  July,  1820... 561;  563 

At  Georgetown,  1808... 799 ;  to  Strick- 
land, on  Dubourg  and  St.  Mary's  Col- 
lege, Bo.,  14  Sept.,  1810... 800  ;  and  the 
Literary  Institution,  New  York,  1813 
...801 ;  to  Strickland,  on  an  anti- Jesuit 
combination  in  the  Select  Body,  14 
Apr.,  1809.. .829,  830,  842,  77;  to 
Grassi,  on  Carroll  and  the  mission 
property  S.J.,  19  Dec.,  1814... 846,  87, 
848 ;  Carroll  and  the  General  on  the 
vicar-generalship  of,  at  New  York, 
1813,  1814.. .848,  849,  857,  865,  142, 
992;  in  Maryland,  1815.. .853,  104, 
948 ;  to  Grassi,  on  Carroll  and  Bo- 
hemia, on  privileges  S.J.,  23  May, 
1815. ..860;  865,  142;  866,  144;  from 
Russia,  871,  884;  superior,  1818... 
893 ;  admitted  into  the  Select  Body, 
10  June,  1818... 770,  893;  agent  and 
trustee,  25  Aug.,  29  Dec.,  1818.. .894, 
895  ;  v.  Proceedings ;  to  the  General, 
on  an  interview  with  Marechal,  12 
Nov.,  1818.. .894,  935,  16;  on  the  Papal 
brief,  re  White  Marsh,  5,  6,  20  Dec., 
1822... 894,  52,  906-908,  1038,  1039, 
1046, 1047, 1081, 1089  ;  914  ;  at  Goshen- 
hoppen,  1807... 916,  9,  973,  10;  919, 
921  ;  on  the  suppression  S.J.,  and 
Marechal's  claims  to  the  property,  939, 
940;  to  Grassi,  on  the  relative  merits 
of  N.Y.,  Pa.,  and  Md.,  24  Apr.,  9  June, 
1815... 945,  946,  14;  947 

To  Marechal,  on  the  L.  Neale-Grassi, 
concordat,  9  Feb.,  1819... 965;  on  the 
house  and  church  at  Washington, 
Feb.,  1819... 965;  to  Grassi,  on  the 
synodal  article  of  1810,  and  Marechal, 
8  Apr.,  1820... 965-967;  to  Marechal, 
966,  967,  1001-1006 ;  to  the  General, 
on  Marechal's  temporal  and  spiritual 
claims,  2  June,  3  Aug.,  1821... 967  ;  to 
Grassi,  on  Carroll's  attitude  towards 
S.J.,  and  the  title  of  ordination,  26 
July,  1809.. .974,  10;  on  the  Neales, 
4  Jan.,  1811. ..389,  2,  978  ;  on  the  diffi- 
culties with  the  bishops,  2  Apr.,  1811 
...976,  980;  982;  to  the  General,  on  C. 
Neale,  988 ;  the  General  on,  and  the 
New  York  mission,  1811. ..992;  994, 
73  ;  to  Kenney,  on  Pius  VII.  and  epis- 
copal interference  with  regulars,  7  Oct., 
1820... 1006,  26  ;  to  the  General,  on  Du- 
bourg and  a  settlement  at  Franklin, 
Mo.,  1  Mar.,  1819.. .1013;  1017 

At  White  Marsh,  1824.. .1019,  10; 
1031,  1032  ;  called  to  Rome,  1824.. .563, 
1078,  13;  1080,  2,  1084,  1087,  1088, 
1092,  1095,  1101 ;  to  Grassi,  on  Vespre 
and  the  Sulpicians,  Bo.,  24  Dec.,  1819 
...1132,  36 ;  on  the  studies  of  scholastics 
S.J.,  G  Feb.,  1817... 1135,  9  ;  on  Jesuits 


KOHLMANN,  ANTHONY  (continued)— 
and  parishes,  20  Feb.,  1817. ..1135,  9  ; 
to  the  General,  on  Cox  and  the  Papal 
brief  of    Marechal,   20    Dec.,    1822... 
1140, 6 

Kohlmann,  Paul,  S.J.,  382,20;  pontifical 
dispensation  for,  to  enter  S.J.,  3  Sept., 
1808.. .865,  142,  980,  30 ;  866,  144,  984 

Korsak,  Norbert,  S.J.,  the  Chinese  mis- 
sion, and  the  Propaganda,  981,  31, 
1006,  25 

Korycki,  Joseph,  secretary  of  the  General 
S.J.,  377, 513 


LACY,  Rev.,  Philadelphia,  243 

Ladaviere,  Rev.,  865,  142,  878 

Larnarzelle,  M.,  on  principles  of  in- 
demnity for  expropriation,  1066,  3 

Lambert,  William,  437,  18,  863  (g),  948 

Lancaster  Co.,  Pa.,  344,  360 

Lancaster,  James,  S.J.,  91 ;  v.  Retz 

Lancaster,  John,  277;  conveyance  to,  by 
Richard  Molyneux  of  all  property  S.J. 
in  Md.,  1746.. .279,  280 

Lancaster,  Joseph,  277 

Lancaster,  Joseph  and  G.,  physicians,  383 

Lancaster,  Pa.,  mission  S.J.,  and  pro- 
perty, contributions  from,  to  the  mis- 
sion in  general,  241 ;  Carroll  on  Jesuit 
title  to  property  in,  243 ;  259,  275,  312, 
338  ;  property  devised  by  wills  of  J. 
Lewis  and  Robert  Molyneux,  344,  345  ; 
described,  346,  348,  349,  351 ;  G.  Hun- 
ter's report  on,  1765... 351,  352  ;  356, 
359,  360  ;  prospects  of  a  school  S.J.  at, 
1830... 365  ;  end  of  the  Jesuit  tenure  of, 
365 ;  bequest  made  to  Beschter  at, 
509  ;  612  ;  and  the  Sir  J.  James'  fund, 
1784.. .630;  v.  James;  638,  691;  v. 
Proceedings  ;  Carroll  and  Egan  on  S.J. 
and  its  premises  at,  1812... 835 ;  use  of, 
by  secular  clergy,  916 ;  942 

Lancaster,  Thomas,  250 

Langthorne,  R.,  218 

Lanuvio,  Rev.,  185 

La  Poterie,  Rev.,  Boston,  688-690 

Lartigue,  S.S.,  Bishop  of  Montreal,  case 
of,  with  the  Sulpicians,  1822-1827... 
584-595  ;  nominated  by  Flaget  for  see 
of  Montreal,  1820... 584,  10;  Marechal 
to  Fesch  and  the  Propaganda  on,  20, 
22  Feb.,  1822... 584-590:  to  Gradwell 
on,  12  Nov.,  1824.. .592;  Beschter  to 
Dzierozynski  on,  1826... 592,  593;  Pa- 
net  to  Gradwell  on,  15  Nov.,  1826... 
593,  594 

Laurenson,  Philip,  319-323  ;  to  F.  Neale, 
on  St.  Peter's  church  property  S.J., 
19  Oct.,  1816... 320-322;  U.Baltimore 
city  ;  323,  324  ;  arrival  of,  in  America, 
754,  778  ;  at  Georgetown,  1801,  1802... 
761,  763 ;  1076 


INDEX 


1193 


Law-suits,  re  P.  Erntzen  and  Goshon- 
hoppen,  353,  354  ;  re,  Deer  Creek,  300, 
362,  400,  44,  466,  5;  threatened  by 
Marechal,  re  property  S.J.  claimed  by 
him,  400,  422,  465,  466,  473,  491,  8 ;  re 
Campbell's  lands,  227,  228,  631,  632  ; 
occasions  of,  forbidden  by  the  Select 
Body,  Nov. ,  1786. .  .642 ;  Ashton  engaged 
in,  706,  9,  881 ;  713 

Laws,  against  Roman  Catholics  in  Eng- 
land, 1633. .  .10-15  ;  against  ecclesiastics 
in  Maryland,  22-24  ;  same  as  the  anti- 
Catholic  laws  in  England,  125,  171 ; 
of  mortmain,  to  be  retrospective  in 
Md.,  1642.. .164;  v.  Baltimore  Cecil, 
Mortmain  ;  of  Md.  Assembly,  touching  | 
ecclesiastics,  166,  167  ;  civil  and  ca- 
nonical, 167, 168 ;  Lewger's  anti-ecclesi- 
astical, 170,  171 ;  socialistic,  170,  171 ; 
represented  to  the  Inquisition,  178- 
180 ;  against  the  R.  C.  priesthood,  to 
be  applied  in  Md.,  1723-1729... 224- 
228;  1770... 264 

Lawson,  Sir  John,  donation  of,  to  Carroll, 
1790... 809,  12 

Lawson,  Thomas,  Provincial  S.J.,  67-69  ; 
v.  Tamburini ;  235 

Lawson,  Thomas,  S.J.,  bequest  of,  to 
Carroll,  455,  23 

Lay  trustees  of  church  property,  Carroll  j 
on,  242-245  ;  control  of,  evaded  in  the 
tenure  of  cathedral  property,  Bo.,  316, 
317,  323  ;  Marechal  on  same,  321,  44, 
462,  463  ;  in  Philadelphia,  359  ;  Mare- 
chars  regulations  for,  at  Bo.,  509,  510  ; 
515-517 

Layborne,  Rev.,  154,  157,  184 

Laynez,  James,  General  S.J.,  1090,  3 

Lebedy,  Giles,  254 

Leckonby,  Thomas,  S.J.,  resignation  of 
property  by,  236 

Lee,  Lewis,  541,  21 

Lee,  Thomas  S.,  Governor  Md.,  723 

Leghorn,  680,  978,  22,  992, 1127, 16 

Leitchfield  Enlarged,  263,  717 

Lekeu,  Matthew,  S.J.,  to  Dzierozynski, 
on  church  property  at  Gettysburg, 
23  Mar.,  1827... 576,  52 

Le  Masters,  Mr.,  274 

Leo  XII.  [Delia  Genga] ;  v.  Bulls  ;  1114, 
1116,  1117 ;  consent  of,  to  Barnes's* 
petition  that  S.J.  be  recognized  in 
England,  1  Jan.,  1829.. .1141,  1142, 
1147 

Leonardtown,  Md.,  380,  19 

Lercari,  Secretary  of  Propaganda,  998 

Leridan,  Philip,  S.J.,  69 

Letitia  Penn's  Manor,  333 

Le  Tour,  Mr.,  948 

Letters ;  v.  Annual ;  correspondence  in 
general,  passim 

Levadoux,  Michel,  S.S.,  745,  3 

Levins,  Thomas,  S.J".,  527  ;  dismissal  of, 
9  Oct.,  1824... 527,  3 

Lewger,  John,  35 ;  his  constancy  to  be 

VOL.  I. 


tried,  before  admission  into  S.J.,  36  ; 
Panzani  on  his  conversion  to  Catholic- 
ism, 149,  150 ;  provision  for,  156-158  ; 
his  tenets  as  Baltimore's  secretary, 
and  his  twenty  Cases  on  rights  of 
ecclesiastics,  37,  158,  161  ;  the  same 
submitted  to  the  Inquisition,  179, 180 ; 
assignment  to,  by  Copley,  216 :  ex- 
actions of,  from  the  missionaries,  543 
25 

Lewis,  John,  S.J.,  208  (d),  209,  19,  230  ; 
and  the  transmission  of  property,  269- 
271,  332,  333,  335,  344,  345,  363  ;  285, 
286,  314 ;  contributions  of  slaves  by, 
to  St.  Joseph's  settlement,  Talbot  Co., 
331 ;  will  of,  in  favour  of  Robert 
Molyneux,  344,  345,  363  ;  541,  21 ;  and 
the  suppression  S.J.,  1773. ..607;  609; 
and  the  Select  Body  of  Clergy  ;  v.  Ex- 
Jesuits  American ;  superior  of  the 
Select  Body,  618 ;  resignation  of,  in 
favour  of  Carroll,  633,  634  ;  650,  27 ; 
and  the  English- American  accounts, 
263,  656,  657,  42  ;  706,  9,  735,  1132, 36 

Libanus,  147 

Liege,  college  S.J.  at,  17-235,  passim; 
and  the  assignment  of  G.  Talbot's 
property,  93,  258  ;  assignment  by 
Richard  Molyneux  of  property  to,  236  ; 
by  W.  Gillibrand  to,  236,  237;  263; 
Holy  Sepulchre  convent  at,  264  ;  Chal- 
loner  on  preservation  of,  after  the 
suppression  S.J.,  1773. ..604,  605;  ex- 
pense of  education  at,  1788... 616;  650, 
27 ;  653 ;  ecclesiastical  status  of,  after 
the  suppression,  653,  33 ;  transferred 
to  Stonyhurst,  England,  653,  33 ;  used 
for  the  education  of  Americans  and 
missionaries,  1786, 1787... 658-660,  721, 
5 ;  lists  of  American  missionaries 
educated  at,  660,  661,  51;  662,  682; 
Strickland's  lists  of  missionaries  from, 
1788.. .721,  5;  751,  22;  beneficiary 
under  Fullam's  will,  1793.. .1149; 
transferred ;  v.  Stonyhurst 

Liguori,  St.,  Alphonsus,  on  privileges  of 
regulars,  967 

Lilly,  Samuel,  Frederick  Co.,  property 
of,  acquired  by  ox-Jesuits,  276,  6',  313 

Lirnpens,  Ferdinand,  S.J.,  81 

Lincoln,  Bishop  of,  Dean  of  Westminster, 
157 

Lincoln's  Inn,  7,  10 

Lincolnshire,  238,  254 

Lisbon,  149,  1006,  25 

Literary  Institution  ;  v.  New  York 
mission  S.J. 

Litta,  Cardinal,  Prefect  of  Propaganda,  to 
L.  Neale,  re  Charleston  S.C.,  8  Oct., 
1816,  10  July,  1817... 572,  50,  889,  32; 
to  M.  Gibson,  V.A.,  on  missionary 
foundations,  England,  21  Nov.,  1818... 
655,  37 ;  to  Vicars  Apostolic,  on  the 
restoration  of  S.J.  in  England,  1815- 
1818.. .1141,  1143,  1144;  v.  Marechal 

4    I! 


1194 


INDEX 


Little  Benton,  Lincolnshire,  G.  Thorold's 
manor,  238,  254 

Little  Bohemia  Manor,  283 

Little  Bohemia  River,  '209,  220 

Liverpool,  766,  5 

Livers,  Arnold,  jun.,  S.J.,  resignation  of 
property  by,  236  ;  254 

Livers,  Arnold,  sen.,  256 

Lloyd,  John,  bequest  of,  to  Doway 
College,  218 

Loch,  Alexander,  210 

Londey,  Mr.,  bequest  of,  for  R.  C. 
religious  use,  219,  220 

London,  7-351,  2)ass^m  >  distance  of, 
from  Maryland,  139  ;  Panzani's  corre- 
spondence with  Barberini  from,  1635- 
1636.. .149-158 

London  Bridge,  Md.,  223 

London,  Bishop)  of,  and  Lewger,  150 

Longford  estate,  86,  87,  258;  v. 
Talbot,  G 

Longueville,  Rev.,  158 

Louisiana,  Lower,  802,  960,  1008,  1027 ; 
v.  New  Orleans 

Louisiana,  Upper,  802,  960,  1008,  1009  ; 
v.  Florissant,  Missouri  mission,  St. 
Louis 

Louvain,  English  novitiate  at,  1606... 7 

Lowe,  Nicholas,  229 

Loweventown,  Md.,  case  of  church  pro- 
perty at,  575,  52 

Lucas,  Anthony,  53,  54  ;  v.  De  Noyelle 

Lucas,  James,  Rev.,  561 ;  admission  of, 
into  S.J.,  1113 

Lucas,  John,  S.J.,  281 ;  and  the  sup- 
pression of  S.J.,  1773... 607,  6,  661,  51 

Luthead,  Richard,  213 

Lyon  of  Jude,  Piscataway,  216 

Lyons,  Marechal  and  Whitfield  at  the 
seminary  of,  1809.. .766,  5,  1127,  16; 
Card.  Fesch  archbishop  of,  766,  5 ; 
Fesch's  refusal  to  resign  the  see  of, 
1824.. .1053  ;  Fesch's  opposition  to 
Jesuits  at,  1822...1055,  1056,  1132; 
F.  Vespre  from,  1127,  16  ;  1133 
Lyte,  Samuel,  333,  335 


M 


MACKENNY,  DAVID,  208 

Mackin,  John,  213 

Maddox,  Mr.,  274 

Madera,  97 

Mahoney,  Rev.,  921 

Mai,  Angelo,  Secretary  of  Propaganda, 

on  the  prejudice  to  S.J.,  re  Eccleston's 

claims,  1835.. .1118,  1120 
Maiden's  Bower  Secured  ;  v.  Deer  Creek  ; 

734 

Maidstone,  251,  255-257  ;  in  Zacchia,  733 
Maire,  John,  258,  263,  264 
Malabar,  92 
Maleve,    Francis,    S.J.,   and    Frederick 

property    S.J.,   310-313,    806;   to    F. 


Neale,  on  ditto,  17  Aug.,  1810,  7  May, 
1815.. .310,  313;  admitted  into  the 
Select  Body,  22  Apr.,  1812.. .770,  875; 
salary  of,  at  Frederick,  1812... 807,  8; 
852,  866,  144  ;  from  Russia,  871,  884  ; 
1020,  13 

\  Malines,  689,  690,  6 
:  Malou,  Peter,  S.J.,  367,  395, 24,  852,  866, 
144 ;  admitted  into  the  Select  Body, 
17  May,  1813.. . 877  ;  945,  12,  980;  to 
the  General,  on  C.  Neale  and  the 
bishops,  20  Nov.,  1811.. .976,  984,  40, 
992-994 ;  the  General  on  the  corre- 
spondence of,  1812... 994,  73 

Malta,  Knights  of,  44 

Mankins  Adventure,  206,  222 

Mankins,  Stephen,  222 

Manners,  John,  S.J.,  46 

Manners  [Sittensperger],  Matthias,  S.J., 
285,  286 ;  contributions  from,  to  St. 
Joseph's  settlement,  Talbot  Co.,  331, 
332 ;  purchase  of  farm  by,  at  Mill 
Creek  Hundred,  Del.,  334 ;  and  the 
suppression  S.J.,  1773. ..607 

Manners,  Peter,  S.J.,  132 

Manners,  Thomas,  S.J.,  67 ;  and  the 
transmission  of  property,  207-210, 
220,  221,  223,  225,  233,  259,  285 

Manucci,  Serafino,  Procurator  General 
S.J.,  598,  1099,  1100,  1101,  1114,  1116, 
12,  1118,  1129 

Maquacomen,  King  of  Patuxent,  113 

Marechal,  Ambrose,  S.S.,  Archbishop  of 
Baltimore,  to  the  Propaganda,  on  the 
property  possessed  by  S.J.  in  Md.,  245, 
246,  912 ;  on  the  independence  of 
missionaries  S.J.,  by  means  of  their 
property  foundations,  246,  546,  30 ; 
248,  13 ;  and  his  use  of  property  S.J., 
Bohemia,  287  ;  his  plat  of  same,  1795 
...287;  claims  of,  to  property  S.J., 
Deer  Creek,  1821... 302-308;  sends  cer- 
tificates to  the  Corporation,  1  Mar., 
1821. ..303-305,  903-905;  answer  to, 
from  the  Corporation,  1821... 209,  300, 
306-308,  420  ;  v.  Marshall ;  on  lay-trus- 
teeism  and  the  cathedral,  Bo.,  321,  44, 
462,  463  ;  to  Dzierozynski,  denying  the 
donation  of  St.  Peter's  property  S.J.  to 
the  cathedral,  24  Nov.,  1824... 326,  327, 
525,  6;  on  F.  Beeston,  Deer  Creek, 
and  church  property  tenure  by  S.J., 
14,  18  Oct.,  1826... 362 

To  Fontana,  Prefect  of  Propaganda, 
claiming  jurisdiction  over  the  Jesuits, 
and  a  share  in  their  property,  19 
Aug.,  1820... 234,  17,  252,  19,  324,  386- 
401,  967,  12,  1049  ;  the  synodal  article, 
1810... 390,  391,  985,  43,  997,1002;  v. 
Synodal  article ;  Benedict  XIV.,  1753 
...391;  v.  Bulls;  charter  of  the  Cor- 
poration, 1792... 393,  397,  430,  431,723, 
1 ;  v.  Assembly  of  Md. ;  acts  of  the 
Select  Body  of  Clergy,  393,  394,  431, 
432,  450,  452  ;  a  letter  to  the  General 


INDEX 


1195 


MAKECHAL,  AMBROSE  (continued)— 
S.J.,  ascribed  by,  to  Carroll,  377,  394, 
840,  72;  correspondence  of  Carroll  and 
Antonelli,  1785-1788,  produced  by,  395- 
397,  637,  9,  1044-1046;  v.  Antonelli, 
Carroll;  the  Carroll-Molyneux  agree- 
ment, 20  Sept.,  1805... 397,  398;  v. 
Concordats ;  petition  to  be  put  iu 
possession  of  White  Marsh,  401 

To  L.  Fortis,  General  S.J.,  demands 
regarding  property  S.J.,  18,  28  Jan., 
1822... 403-409,  539,  13;  on  alienation 
of  property  S.J.  in  Md.,  408,  415,  416, 
490,  7,  1037 ;  on  his  non-presentation 
of  documents,  408,  409 ;  to  the  Propa- 
ganda, urging  his  demands,  12  Feb., 
1822 ...  422-424  ;  Extracts,  submitted  to 
the  General,  424,  32 ;  to  Propaganda, 
answering  the  General,  Feb.-May, 
1822... 425-434  ;  on  J.  Ashton,  427,428, 
716,  43, 1046  ;  on  the  Corporation,  430- 

432,  449-452,  791,  36  ;  on  Deer  Creek, 

433,  434 ;    Notes  on  the  General's  re- 
port,   Mar  .-May,    1822..  447-459  ;    on 
the  preservation  of  property  S.J.,  341, 
448, 845,  82 ;  on  the  secular  clergy,  and 
use  of  property  S.J.,  453-459,  902,  27  ; 
on  the  Catholic  Seminary,  Washing- 
ton, and  W.  Matthews,  455-458,  947, 
18 ;  on  the  L.  Neale-Grassi  concordat, 
302,  458,  459  ;  Questions  to  the  Propa- 
ganda, Mar.-May,   1822... 459,  460;  on 
control  over  the  services  of  Jesuits,  459, 
1019,  1021 :  over  their  property,  459, 
460,  1020, 1021 ;  on  the  jus  patronatus, 
460,  622, 623 ;  v.  Jus  patronatus  ;  Brief 
Answers,  to  the  Propaganda,  20  Apr., 
1822... 461-468;    Benedict   XIV.,   and 
Irish  priests,   1755... 461;    lay-trustee- 
ism,  462,  463  ;  his  controversy  with  the 
Jesuits    on    their    property,   464-468, 
550,  37 ;  diary  of,  and  correspondence 
with  H.  Matthews    and  J.  O'Donald, 
Bohemia,    1792-1799... 467,    6;    com- 
ments  on    Rozaven's    critique,   May, 
1822... 472,  473  ;  on  the  letters,  18  May, 
1822,  of  Rozaveii  and  the  General,  473- 
475 ;  to  Fesch,  on  White  Marsh,  and 
the  Americans  S.J.  in  Rome,  28  June, 
1822... 475,  14,  1065 

Papal  brief  in  favour  of,  re  White 
Marsh,  23  July,  1822... 476,  1066- 
1068 ;  v.  Bulls ;  decree  of  the  Propa- 
ganda, on  Jesuit  missionaries  and  their 
stations  in  the  diocese  of  Baltimore, 
27  July,  1822... 477,  481,  482,  563, 
1007,  1008,  1019  ;  to  C.  Neale,  forward- 
ing the  Papal  brief,  27  Nov.,  1822... 
485,  486,  497,  2,  903;  notes  on  C. 
Neale's  answer,  488-493,  1032,  1148; 
on  Cecil,  Lord  Baltimore's  dedication 
of  property  to  B.C.  church  uses,  489, 
507,  1032;  on  all  the  trustees  of  the 
Corporation  being  S.J.,  489,  850,  95; 
to  C.  Neale,  14  Dec.,  1822... 495-497, 


MABECHAL,  AMBROSE  (continued) — 
906,  908  ;  notes  on  C.  Neale's  answer, 
498-502;  on  a  double  oath  of  the- 
Corporation,  417,  23,  451,  12,  500,  507 ; 
to  the  Propaganda,  forwarding  C. 
Neale's  answers,  27  Dec.,  1822... 486 
487,  494,  502,  504-506,  909,  10;  to 
Gradwell,  rehearsal  of  the  foregoing, 
4,  17,  27  Jan.,  1823.. .476,  16,  497,  503- 
508,  1017,  1018,  1020 ;  regulations  for 
German  lay  trustees,  1823... 509,  510; 
to  Card.  Delia  Somaglia,  on  Dziero- 
zynski  and  privileges  S.J.,  20  July, 
1824.. .511-515;  to  Dzierozynski,  22 
Oct.,  30  Nov.,  1823.. .511,  1  ;  the  Seve- 
roli  rescript,  512,  513;  v.  Severoli;  on 
incapacitating  S.J.  from  holding  a  civil 
title  to  property,  514,  515  ;  on  obtain- 
ing control  over  the  property  S.J.,  514, 
515  ;  the  jus  patronatus  of  the  Jesuits, 
515 

And  the  American  press,  with  the 
interposition  of  the  Government  U.S., 
in  the  matter  of  his  appeal  to  Rome 
on  a  civil  issue,  1823-1826... 510-558, 
1069-1079,  passim ;  to  Fesch,  4  Nov., 
1824... 354,  1,  518-522,  1075,  1076;  in- 
terposition of  the  Government  U.S., 
518,  519 ;  the  privileges  S.J.,  519,  520  ; 
on  inhibiting  the  Jesuits  from  holding 
property  by  a  civil  title,  520 ;  on  re- 
forming S.J.  in  Md.,  520,  521,  525; 
resignation  by,  of  claims  to  White 
Marsh,  521,  522 ;  to  Gradwell,  on 
Marshall,  and  a  letter  of  the  Secretary 
of  State  U.S.  to  Rome,  6  Nov.,  1824, 
14  June,  1825. .  .527, 3  ;  to  Delia  Sornag- 
lia,  21  Dec.,  1824... 522-526,  1077:  on 
the  Government  U.S.,  the  press,  and 
Papal  brief,  523,  524  ;  divulging  of  the 
brief  in  Baltimore,  1822... 523,  3,  906, 
7,908 

Claim  by,  for  a  pension  from  the 
Jesuits,  524,  525 ;  on  J.  England's  plan 
of  church  tenure,  525  ;  to  Fesch,  14 
July,  1825  ...526-529,  531,  1086;  on 
the  Government,  the  press  and  the 
brief,  527,  528;  on  Marshall,  Baxter, 
Levins,  527 ;  on  a  pension  from  the 
Jesuits,  528;  to  Popo  Leo  XII.,  529, 
530,  531 ;  claim  for  his  successors, 
530-532 ;  to  Delia  Somaglia,  twenty- 
three  Propositions  against  the  Jesuits 
of  Maryland,  15  Jan.,  1826... 533-558, 
1088-1090;  list  and  extent  of  estates 
S.J.  in  Md.,  442,  2S,  540-542 ;  on  the 
slaves,  544,  549,  19 ;  on  his  stay  at 
Bohemia,  1792-1799.. .467,  6,  540;  on 
the  Bishop  of  Boston  and  St.  George's 
Island,  547,  1094 ;  on  Dubourg,  and 
the  mission  S.J.  to  Missouri,  549, 
1016-1021,  1138,  8;  lists  of  Jesuit 
missionaries  iu  service,  and  thoir  means 
of  subsistence,  551,  552,  913, 2;  on  the 
Government  and  the  brief,  553-557 ; 


1196 


INDEX 


MARECHAL,  AMBROSE  (continued) — 
on  a  pension  for  him  from  Roman 
College  funds,  557 :  threat  to  resign 
his  see,  465,  515,  529,  530,  558,  1075, 
1076,  1093;  to  Dzierozynski,  on  San- 
nen,  12  Dec.,  1823,  9  Nov.,  1825... 536, 
5;  views  of,  on  religious  bodies,  and 
the  Pope's  power  to  dispose  of  Sulpi- 
cian  property,  Bo.,  553,  40,  591 ;  his 
citation  of  documents,  556,  45 

Policy  of,  with  respect  to  S.J.,  559- 
576 ;  to  Kohlmann,  on  the  disposal  of 
missionaries,  7  Jan.,  1818... 559,  560, 
966,  9  ;  report  to  Card.  Litta,  on  priests 
in  diocese,  Bo.,  1818.. .560;  to  Delia 
Somaglia,  on  Jesuits  as  secular  mis- 
sionaries, 26  Nov.,  1826. ..560;  Jesuits 
to  be  put  in  dependence  on  seculars, 
560 ;  seculars  to  be  admitted  to  Jesuit 
houses,  560,  561 ;  correspondence  of, 
with  Dzierozynski  and  McElroy,  re 
Frederick,  1824,  1825...  560,  561;  to 
Dzierozynski,  on  the  disposal  of  mis- 
sionaries, on  faculties,  and  a  concordat, 
1823,  1824.. .562-566;  v.  Concordats; 
on  the  decree,  3  June,  1822,  of  Propa- 
ganda, 14  Sept.,  1825... 563  ;  appointing 
McElroy  a  pastor,  Dec.,  1822. ..566, 
567,  910,  14 ;  the  case  of  Upper  Marl- 
borough  church,  1824-1827.. .355,  567- 
570 ;  memorandum  on  the  manner  of 
deeding  the  church,  5  June,  1824... 567  ; 
to  A.  Mudd,  S.J.,  28  Feb.,  1827.. .569, 
49,  582,  4,  1069,  11 ;  v.  Marlborough 

To  Grassi,  on  the  liability  of  the 
Propaganda  to  be  misinformed,  21 
Apr.,  1817,  31  Dec.,  1819. ..476,  16, 
573,  50,  912,  913,  2,  914,  915 ;  to  Grad- 
well,  on  Dominicans,  Jesuits,  and 
Philadelphia,  22  June,  1827... 574;  to 
Carbery,  on  Loweventown  property, 
22  Mar.,  1824  ...575,  52;  to  Delia 
Somaglia  on  the  offer  of  the  General 
S.J.  to  give  him  a  life  pension,  17  Oct., 
1826... 531,  576,  577,  1098,  4,  1099,  1; 
to  Fesch,  on  ditto,  17  Oct.,  1826.. .531, 
577-579,  1098,  4, 1099, 1 ;  to  Gradwell, 
on  ditto,  18  Oct.,  1826... 579,  1098,  4; 
to  Delia  Somaglia,  on  Jesuits,  church 
property,  and  Upper  Marlborough,  26 
Nov.,  1826... 464,  4,  560,  580-583;  to 
the  Propaganda,  and  Gradwell,  on  the 
case  of  the  Sulpician  bishop,  Lartigue, 
in  Canada,  1822-1826.. .553,  40,  584- 
593 ;  v.  Lartigue ;  to  Gradwell,  on 
Ironside,  28  Nov.,  1826. ..596,  1101; 
testamentary  memorandum  of,  on  the 
Jesuit  property  in  Md.,  the  Papal 
brief,  and  the  pension,  532,  597,  934, 
1103,  1104,  2;  English  legal  counter- 
part to  the  property  claims  of,  646, 20 ; 
and  technical  rights  to  intervene  with 
the  Corporation,  712,  29 ;  and  his 
memoirs  of  Ashton,  716,  43;  origin  of 
bis  theory  in  Ashton's  papers,  719 


MARECHAL,  AMBROSE  (continued) — 

Arrival  of,  in  Baltimore,  24  June, 
1792...  746;  at  Bohemia,  1793...  749; 
sale  and  purchase  of  negroes  by,  at 
Bohemia,  1794, 1795... 544, 27, 749, 750  ; 
prohibition  of  said  sales  by  the  Corpora- 
tion, 21  Aug.,  1795. ..750;  the  restora- 
tion of  Bohemia  to  the  Corporation, 
and  Conewago  offered  him  by  Carroll, 
1799.. .467,  6,  755,  756,  764,  1,  765; 
professor  of  philosophy  at  Georgetown, 
1801,  1802...  758,  36,  762,  766,  778; 
764 ;  at  the  Seminary  of  St.  Irenee, 
Lyons,  1809...  766;  767,  823,  843; 
theory  of,  and  the  Corporation's  mis- 
takes as  to  the  Select  Body,  885 ;  to 
Grassi,  urging  on  him  a  voyage  to 
Rome,  21  Apr.,  1817... 864,  139,  889, 
30,  913,  2,  1137,  3 

To  the  Corporation,  demanding  an 
annuity,  6  June,  1818  ...891,  892; 
allowed  a  gratuity  for  three  years, 
1818-1820  ...892,  893,  899;  interview 
of,  with  Kohlmann,  1818... 894,  935, 
16  ;  and  the  personnel  of  the  Corpora- 
tion, 895,  896 ;  to  the  Corporation, 
renewing  his  demand,  6  Apr.,  1820... 
899 ;  to  Edelen,  secretary,  on  Carroll's 
declaration,  the  bull  of  Pius  VI.  erect- 
ing the  Baltimore  see,  and  Ashton, 
30  Apr.,  1820... 427,  5,  428,  7,  698,  1, 
900,  901,  v.  Ashton,  Bulls,  Carroll; 
to  F.  Neale,  on  Eutaw  St.  property, 
and  Deer  Creek,  1  Mar.,  1821. ..304, 
305,  490,  7,  903-905,  1037;  views  of, 
on  an  American  clergy  and  church, 
904,  34;  v.  American  Church;  to 
Dzierozynski,  on  his  communication 
of  the  Papal  brief  to  C.  Neale,  17  Dec., 
1822... 909 

Report  of  diocese  by,  to  Card.  Litta, 
Prefect  of  Propaganda,  1818... 245,  246, 
560,  911-914,  957,  958,  1049;  on  the 
diocesan  seminaries,  912  ;  Georgetown 
and  property  S.J.,  913,  914 ;  the  clergy, 
913,  957  ;  nuns,  957,  958  ;  B.  Fenwick, 
and  Wallace  at  Charleston,  S.C.,  958; 
view  of,  on  the  religious  status  of  S.J., 
551,  552,  904,  34,  913,  2,  1050,  10;  v. 
Society  of  Jesus ;  to  the  General, 
Brzozowski,  31  Dec.,  1819.. .913,2  ;  and 
the  Sulpician  property  in  Bo.,  and 
Canada,  591,  915  ;  on  property  ecclesi- 
astical and  personal,  489,  7,  904,  34, 
912,  919,  920;  to  F.  Neale,  on  the 
diocesan  property,  Eutaw  St.,  Bo., 
1818-1821.. .531,  921-924,  1037;  to  E. 
Fenwick,  on  passing  over  successors  in 
the  see,  4  Feb.,  1819... 920,  922,  1037 

Reproductions  by,  of  the  Carroll- 
Molyneux  agreement,  402,  403,  424, 
32,  931,  932 ;  J.  G.  Shea  on,  371,  10, 
933,  935-937 ;  papers  of,  in  archives, 
933,  934,  6 ;  1089,  1090 ;  Tristram  on, 
and  the  Propaganda,  1823  ...934,  12; 


INDEX 


1197 


MARECHAI,,  AMBHOSE  (continued] — 
claims  of,  and  the  suppression  S.J., 
509,  510,  938-940 ;  to  Dzierozynski,  on 
Jesuit  service  at  Zacchia,  25  May,  1825 
...956,  3;  tableau  of  the  diocese,  1821 
...959,  960;  to  F.  Neale,  on  the  re- 
moval of  Gary,  17  Mar.,  1820. ..965; 
on  the  concurrence  of  Kohlmann  in 
an  appointment,  9G5 ;  Kohlmann  on 
the  claims  of,  for  extended  jurisdiction 
over  missionaries  S.J.,  966-968 ;  v. 
Synodal  article ;  letters  of,  to  the 
Propaganda,  1818-1821... 967, 12,  1049  ; 
to  Dzierozynski,  repudiating  the  L. 
Neale-Grassi  concordat,  and  proposing 
a  new  one,  28  Feb.,  1824.. .565,  968, 19 ; 
pamphlet  of,  to  his  clergy,  977,  996, 
997 

To  Kohlmann,  on  Dubourg  and  the 
transfer  of  the  novitiate  S.J.  from 
White  Marsh  to  Missouri,  7,  15  Mar., 
1823... 1016;  to  Gradwell,  on  ditto,  20 
Apr.,  1823... 1016,  1017;  the  case  of 
Murphy  succeeding  at  White  Marsh, 
1823. ..1017;  to  Gradwell,  the  Propa- 
ganda, and  Fesch,  on  Dubourg,  the 
Missouri  mission  S.J.,  the  Indians, 
June-Sept.,  1823... 1018-1021 ;  Papal 
decrees  to  be  obtained  against  the 
Jesuits,  459,  460, 1019-1021 ;  on  negroes 
assigned  from  White  Marsh  to  Mis- 
souri, 521,  1020;  instigators  of,  in  his 
controversy  with  S.J.,  1030,  1086,  5; 
diary  of,  on  property  S.J.,  582,  4, 1042, 
1043 ;  list  of  his  ecclesiastical  trusts, 
1043,  6 

To  Gradwell,  on  the  Roman  agency, 
7  June,  1821... 1049;  list  of  his  docu- 
ments sent  to  the  Propaganda,  1818- 
1821. ..1049;  to  Whitfield,  on  property 
S.J.  and  religious  uses,  on  S.J.  and  the 
consent  of  the  Government  U.S.  for 
its  restoration,  10  Dec.,  1821... 1049, 
1050,  1138,  7 ;  favoured  in  Rome,  re- 
pulsed by  C.  Neale  in  Md.,  1821,  1822 
...1051 ;  to  Gradwell,  and  a  petition  to 
the  Pope,  23  Nov.,  1823.. .1052;  and 
Fesch,  Rozaven  on,  1822... 1054,  1055  ; 
effects  of  his  controversy  with  the 
Jesuits  on  the  Assembly,  Md.,  1824... 
1070,  11 ;  letters  to  Baltimore,  on  his 
success  in  Rome,  8  May,  1822...  1070, 
1071 ;  to  D.  Brent,  on  R.  B.  Taney's 
opinion,  in  the  issue  with  the  Ameri- 
can Government,  25  Oct.,  1824. ..523, 
554,  41,  1073,  1074;  to  Dzierozynski, 
on  Jesuits  appealing  to  the  Govern- 
ment, 25,  30  Oct.,  1824.. .1074;  to 
Gradwell,  draft  of  an  answer  from  the 
Cardinal  Secretary  of  State  to  the 
Secretary  of  State  U.S.,  6  Nov.,  1824... 
1075 ;  on  a  reference  made  against  him 
to  the  Governor,  Md.,  12  Nov.,  1824... 
1075,  1076 ;  his  readiness  to  accept  a  I 
pension,  1075;  to  Dzierozynski,  on  the  i 


MARECHAL,  AMBROSE  (continued)— 
press  and  the  brief,  13  Nov.,  1824... 
1076;  on  a  pension  from  S.J.  in  Md., 
24  Nov.,  1824... 326,  327,  525,  6,  1076; 
to  Delia  Somaglia,  on  the  Government, 
the  press,  the  brief,  and  the  Jesuits, 
21  Dec.,  1824... 522-526,  1077 ;  to  Grad- 
well, on  the  new  presentation  of  his 
case  in  Rome,  20  Dec.,  1824.. .1077, 
10 ;  to  Brent,  on  the  persons  who  ap- 
pealed to  the  Government,  29  Dec., 
1824.. .554,  41,  1078;  to  the  Propa- 
ganda, on  appropriating  Roman  Col- 
lege funds  to  his  mensa,  9  Mar.,  1825... 
1085,  1086 

To  Gradwell,  on  declining  health,  14 
June,  1825...  1086;  three  printed  briefs 
of,  presented  to  the  Propaganda  by 
Fesch,  1088-1090;  v.  Fesch  ;  on  Pala- 
fox  and  the  constitution  S.J.,  543,  25, 
1090,  2 ;  Fesch's  speech  on  the  case  of, 
1826...  1092,  1093;  settlement  of  the 
controversy  by  an  offer  of  the  General 
S.J.,  1827.. .1095;  to  the  Propaganda, 
Gradwell,  and  Fesch,  accepting  a  life 
annuity  from  the  General,  17,  18  Oct., 
1826.. .531,  576,  579,  1098,  1099,  1, 
1108, 15 ;  to  Fesch,  on  the  close  of  the 
controversy,  22  Apr.,  1827. ..1101, 1102  ; 
the  American  Jesuits  in  Italy,  and  his 
diocese,  525, 1102  ;  to  Gradwell,  on  the 
provisional  life  annuity  being  per- 
petual for  his  successors,  22  June,  1827 
...532,  574,  1102,  1103,  13 ;  to  Card. 
Capellari,  on  eligible  candidates  for  the 
see  of  Baltimore,  1  Oct.,  1827.. .1103 

Decease  of,  and  Whitfield,  1828... 
1103,  15;  will  of,  1105,  1106,  1108, 
1127,  16,  1130;  and  enmity  to  S.J.,  W. 
Matthews  on,  1828... 1110;  and  the 
Severoli  rescript,  1813,  Gradwell  on, 
843,  79,  1110,  17 ;  1114-1116,  1126,  15, 
1127,  16 ;  on  the  Jesuit  papers  in  the 
diocesan  archives,  Bo.,  448,  1131,  36  ; 
1133,  1134  ;  project  of,  to  take  over  all 
Jesuit  property,  1135 ;  1138,  5,  7,8; 
Papal  brief  of,  and  Sir  H.  Cox,  1140, 6  ; 
succeeded  in  the  see  ;  v,  Whitfield 
Marietta,  Ohio,  382 

Marlborough,  Upper,  Md.,  case  of  the 
church  at,  1826... 355,  567-570;  Mare- 
chars  papers  on  :  memorandum,  5 
June,  1824.. .567  ;  to  A.  Mudd,  S.J.,  28 
Feb.,  1827..  .569,  49  ;  to  Delia  Somaglia, 
26  Nov.,  1826... 580-582;  to  C.  Hill,  15 
Sept.,  1826.. .581,  4;  to  Dzierozynski, 
14  Oct.,  1826.. .582,  4;  Dzierozynski'.s 
papers  on :  to  the  General,  22  Oct., 
1827... 568 -570;  .10  Nov.,  1826.. .568, 
582,  4  ;  to  Marechal,  12  Oct.,  1826... 
582,  4;  15  Oct.,  1826.. .582,  4;  to 
Kohlmann,  6  Feb.,  1827... 568  ;  deed 
for  church  at,  accepted  by  Whitfield 
from  S.J.,  583,  4;  1108,  1113,  1114, 
1138,  10 


1198 


INDEX 


Marlburgh,  John,  213 

Marshall,  Adam,  S.J.,  statement  of 
financial  condition,  Md.-Pa.  mission 
S.J.,  to  the  General,  Mar.,  1821... 299, 
302,  303,  307,  332,  356,  357,  382,  20, 
543,  26,  545,  29,  917,  13 ;  statement  of, 
on  estates  S.J.,  to  Dzierozynski,  1  Jan., 
1824.. .300,  361,  362,  382,  535,  3,  538,  8, 
543,  26,  549, 35,  883  ;  statement  of,  on 
property  in  Pa.,  347-350 ;  on  property 
in  New  York,  357,  882;  letter  of,  in 
the  name  of  the  Corporation,  to  Mare- 
chal,  on  Deer  Creek,  1821... 299,  300, 
306-308,  420,  905  ;  v.  Deer  Creek ;  302, 
303  ;  power  of  attorney  to,  for  the  sale 
of  Arabia  Petrea,  1822.. .304,  308;  305, 
308,  28 ;  346 ;  v.  De  Earth  ;  and  Phila- 
delphia property,  360  ;  v.  Conwell ;  to 
Dzierozynski,  on  ditto,  20  Jan.,  1824... 
361 ;  on  estates  in  Md.,  362  ;  363,  364, 
527 ;  admitted  into  the  Select  Body, 
17  Sept.,  1811.. .770,  875  ;  882, 895,  896 ; 
appointed  agent  of  the  Corporation,  22 
Aug.,  1820.. .902;  911;  at  Couewago, 
1814.. .941,  1,  942  ;  980,984,  1024,1025, 
1084 

Martinique,  91,  101 

Martinsburg,  841 

Maryland-Pennsylvania  mission  S.J.,  pro- 
posal of,  1629-1633...  17-19;  approval 
of,  by  the  General  S.J.,  Vitelleschi, 
1633... 19,  20;  faculties  of  the  Indies 
for,  20;  obstacles  in  London  to,  1637... 
21 ;  progress  of,  and  difficulties,  22-33  ; 
v.  Baltimore  Cecil,  Laws ;  a  history  of, 
1639... 24,  127  ;  four  residences  S.J.  in, 
and  a  college  foundation  projected, 
1640... 25,  31;  proposal  to  dissolve, 
1641. ..26,  28,  29,  120,  121;  v.  Annual 
letters;  dispersion  of,  1645... 33,  125, 
126  ;  spiritual  suffrages  for,  34,  35,  47  ; 
dissolution  of,  approved,  1647... 34-36  ; 
not  competent  to  admit  a  priest- 
novice,  35 ;  v.  Lewger ;  no  mission- 
aries left  in,  1647... 35;  conditions  for 
supplying  with  missionaries  S.J.,  35, 
36  ;  conditions  for  possessing  property, 
and  contracting  spiritual  obligations, 
38,  39,  240;  opposition  of  a  Pro- 
testant minister,  1650... 39;  a  school 
opened,  1650.. .39 ;  provision  for  the 
application  of  legacies,  39,  40 ;  perse- 
cution, 1655,  1656... 41,  42,  130,  131 ; 
refuge  in  Virginia,  42 ;  dissolution  of, 
proposed,  1662... 45,  47  ;  novitiate 
allowed  in,  under  conditions,  1675, 
1683... 48,  51 ;  charge  against,  for  pre- 
occupation with  temporal  concerns, 
1676... 49;  violence  against  the  mis- 
sionaries, 1717..  65,  66;  question  of  a 
Vicar  General  for,  1743... 84;  assign- 
ment of  G.  Talbot's  property  to,  1744 
...93 

Relation  of  the  voyage  to  1633,  1634 
...94-107;  accounts  from,  1633-1773... 


MARYLAND-PENNSYLVANIA  MISSION  S.J. 

(continued) — 

107-144 ;  statistics  of  men  and  re- 
sources in,  1667-1773... 132,  144,  172; 
school  conducted,  1677-1696... 136, 140 ; 
Panzaui  on,  1635... 150;  v.  Baltimore 
Cecil,  Laws,  Maryland  colony,  Pro- 
perty, Secular  clergy  mission. 

Acquisition  of  property  for,  and  col- 
lege foundation,  in  Md.,  Pa.,  Del., 
Va.,  201-352,  719  ;  915  ;  v.  Memorial, 
Property 

To  be  maintained  without  charge  on 
the  lay  congregations,  238,  240-243, 
246,  341,  545  ;  v.  Pennsylvania ;  debts 
of,  due  to  the  English  province  S.J., 
and  releases  of  same,  237-239,  640,  641, 
656-658, 663,  57;  annuity  funds  enjoyed 
by,  239 ;  the  property  of,  not  held  as  a 
trust,  Carroll  on,  243,  244 ;  v.  Pro- 
perty ;  recovery  of  property  by,  after 
the  suppression  S.J.,  Marechal's  state- 
ment, 245,  246 ;  Sir  J.  James'  fund  for, 
1740... 261-263;  Latin  school,  at  Bo- 
hemia, 1745... 285,  290;  concordat  be- 
tween, and  the  English  province  S.J., 
1759. ..308,  309 ;  v.  Concordats  ;  no 
longer  in  Baltimore  city,  1820... 324  ; 
description  of  missionary  life,  1764- 
1789.. .328-330;  religious  and  mission- 
ary status  of,  1765... 337,  352;  circum- 
stances peculiar  to  Md.  or  Pa.,  337, 
338,  352  ;  Carroll  on,  1789.. .330,  341; 
sole  clergy  in  the  colony  of  Maryland, 
Marechal  and  Card.  Pontana  on,  501, 
904,  34,  1051 ;  Farmer  on  the  status 
of,  under  a  Vicar  General,  after  the 
suppression,  1778... 953,  6 

Catalogues  of,  1817... 447,  479,  928, 
960-963;  1819.. .324;  1822. ..565,  963, 
964 ;  Marechal's  lists  of  stations  in,  and 
income,  1826... 551;  his  diocesan  list  of 
members  S.J.,  1818.. .302,  955,  957; 
his  account  of,  for  1783... 960;  scho- 
lastic students  of,  in  Italy,  1816-1827 
...525, 548, 33, 1094, 1102,  1103,  1135, 9  ; 
debt  on  account  of  same,  1824... 549, 
35,  1081;  1827... 1094 

Substitute  proposed  by  Carroll  for, 
during  the  suppression  S.J.,  1782... 
609-615  ;  continued  in  the  Select  Body 
of  Clergy,  and  dedication  by  Select 
Body  of  former  property  to,  when  re- 
stored, 1783,  1784... 628  ;  v.  Ex- Jesuits 
American 

Lists  of  missionaries  educated  at 
Liege  Academy  for,  during  the  sup- 
pression S.J.,  661,  51 ',  members  of, 
recognized  by  the  Assembly  of  Md.  as 
beneficiaries  under  the  charter  of  in- 
corporation, 1806... 729  ;  declarations 
of  trust  in  favour  of,  1793. .. 732-737 ; 
v.  Declarations  of  trust ;  and  the 
restoration  S.J. ,761,  38;  v.  Ex-Jesuits 
American 


INDEX 


1199 


MARYLAND-PENNSYLVANIA  MISSION  S.J. 
(continued)— 

Restoration  of,  Carroll  and  L.  Neale 
to  the  General  S.J.,  Gruber,  petition- 
ing for,  25  May,  1803... 818,  819;  826, 
28 ;  B.  Fenwick  on  the  character  of 
vocations  to,  1815... 835,  60;  and  the 
Severoli  rescript,  1813... 843,  844;  v. 
Severoli ;  status  of,  by  virtue  of  said 
rescript,  844  ;  Carroll's  list  of  stations 
to  be  permanently  served  by,  1815... 
458,  856  ;  v.  Concordats  ;  the  legitimate 
status  of  members,  before  canonical 
re-establishment,  865,  142 ;  history  of, 
reviewed  by  C.  Neale  and  B.  Fenwick, 
1822. ..915-917  ;  v.  Memorial ;  and 
respect  for  ecclesiastical  authorities, 
606,  4,  918,  919;  partial  lists  of 
stations,  1798-1817... 927, 928  ;  stations 
assigned  to,  by  L.  Neale,  1816. ..949, 
950,  952,  953  ;  members  of,  1816... 950, 
951 ;  v.  Concordats 

Marechal's  contention  that  S.J.  was 
not  restored  in  U.S.,  the  Government 
not  having  consented,  1822. ..1049, 
1050 ;  debts  of,  contracted  with  S.J. 
in  Rome,  for  American  Jesuits  in  Italy, 
549,  3,5,  1081,  1094,  1118,  1119;  in 
need  of  means  from  Europe,  1835... 
1118,  1119 ;  personnel  and  resources 
of,  1835... 1119  ;  subsidies  from,  to  the 
see  of  Baltimore,  1789-1838... 1130, 
1131 ;  prejudice  created  against,  by 
the  Marechal  controversy,  1070,  1132- 
1134 ;  and  parishes,  the  General  Fortis 
and  Kohlmanu  on,  570,  1135,  9 

Maryland,  Colony  and  State,  a  land  for 
colonization  by  Catholics,  1633. .  .10-15 ; 
anti-ecclesiastical  laws  and  policy  of  ; 
v.  Baltimore  Cecil,  Laws,  Maryland- 
Pennsylvania  mission  ;  expulsion  of 
Jesuits  from,  1645... 33,  125,  126;  of 
Catholics  from,  1646... 33  ;  proposal  in 
England  for  the  transportation  of 
Catholics  to,  1647... 34,  35  ;  anti- 
Catholic  persecution  in,  1655,  1656... 
41,  42,  130,  131;  students  from  the 
Jesuit  school  in,  to  St.  Omer's,  1681... 
136,  137 

Account  of  the  Colony  and  Con- 
ditions of  Plantation,  145-148 ;  v. 
Baltimore  Cecil  ;  Assembly  of,  its 
character,  1641,  1642...  171,  179 ;  2000 
Catholics  in,  1669... 197;  troublesome 
times,  205,  10 ;  assignment  by  W. 
Hunter  to  save  property  S.J.,  1717... 
222,  223 ;  by  Richard  Molyneux,  1746 
...279,  280;  penal  laws  against  R.  C. 
priests,  1723-1729... 224-228  ;  1770... 
264 ;  a  clause  in  the  charter  of,  on 
dedication  of  churches,  247,  12  ', 
occasion  of  the  anti-Catholic  agitation, 
1750.. .249;  value  of  land,  1765,  1786... 
330,  337 ;  Declaration  of  Rights,  1776, 
and  mortmain,  396, 28,  724  ;  914  ;  Kohl- 


mann  on  the  relative  merits  of,  and 
the  States  of  New  York  and  Pennsyl- 
vania, 1815... 945;  v.  Assembly  of 
Maryland,  Md.-Pa.  mission,  Mortmain 

Matignon,  Francis  A.,  Rev.,  746 

Matson  [Matajon],  Francis,  S.J.,  and 
qualifications  for  a  missionary,  37,  38 

Matthew,  student,  941,  1 

Matthews,  A.  Teresa,  923,  924 

Matthews,  Dr.,  286 

Matthews,  Elizabeth,  923,  924 

Matthews,  Hugh,  467,  6 

Matthews,  Ignatius,  S.J.,  and  the  sup- 
pression S.J.,  1773... 607  ;  and  the 
Select  Body  of  Clergy ;  v.  1'roceedings ; 
626 ;  and  aggregation  to  S.J.  in  Russia, 
25  Apr.,  1788.. .684;  691,  8 

Matthews,  Jesse,  269 

Matthews,  John,  S.J.,  59 ;  beneficiary 
under  Londey's  will,  219 

Matthews,  Mrs.,  263 

Matthews,  Thomas,  202,  4,  213  ;  trustee 
of  Copley,  203-218,  passim  ;  280, 
1043, 6 

Matthews,  Toby,  151,  152 

Matthews,  William,  269 

Matthews,  William,  Rev.,  261,  364,  365, 
372  ;  and  the  novitiate  S.J.  at  Washing- 
ton, Marechal  on,  455-458,  560,  947, 
18;  489,  507,  561,  661,  51,  721,  4;  at 
Georgetown,  1801,  1802.. .761,  863  ; 
admitted  into  the  Select  Body,  27 
Sept.,  1802.. .770,  786,  787,  791,  37; 
and  aggregation  to  S.J.  in  Russia, 
25  Apr.,  1803.. .816;  822,20;  president 
of  Georgetown  College,  830,  833 ;  a 
candidate  for  S.J.  in  Md.,  1809,  1815... 
455,  27,  830,  864  ;  to  Grassi,  on  control 
of  temporalities  at  Georgetown,  14 
Sept.,  1812... 837,  838  ;  841 ;  and  opposi- 
tion to  S.J.,  1814. ..848;  and  E.  Fen- 
wick, on  the  L.  Neale-Grassi  concordat, 
1817. ..458,  30,  890,  947,  18;  923,  947; 
and  deeds  for  the  novitiate  at  Washing- 
ton, 1814, 1815... 947,  948  ;  will  of,  456, 
947 ;  to  Kohlmann,  on  the  enmity  of 
Marechal  and  Whitfield  for  S.J.,  2 
July,  1828... 947,  18,  1110;  and  the 
American  Government,  re  the  Papal 
brief,  1823,  1824. ..1071,  1074;  and  the 
American  press  on  the  Papal  brief, 
1824... 1076 

Mattingley,  John,  S.J.,  672 

Mayer,  Christian,  S.J.,  953,  6  ;  v.  Farmer 

McCaraher,  recorder,  365 

McCarroll,  Rev.,  559 

McConnell,  Mr.,  845,  83,  863,  (g) 

McElroy,  John,  S.J.,  report  of,  on  the 
Frederick  mission,  "SJ.,  311 ;  344,  372, 
378 ;  on  the  subsidies  to  Georgetown 
College  from  the  estates  S.J.,  1817... 
437,  12 ;  551,  560 ;  correspondence  of, 
with  Dzierozynski  and  Marechal,  re 
Frederick,  1824,  1825... 560,  561  ;  ap- 
pointed a  pastor  by  Marechal,  Dec., 


1200 


INDEX 


1822... 567,  910,  14;  to  Dzierozynski, 
on  Dehaulmes'  will,  6  May,  1824,  in 
favour  of  S.J.,  8  May,  1824... 575,  52 ; 
diary  of,  on  Ashton's  death  and  will, 
717;  945 

McFerson,  Mr.,  274 

McGinn,  Rev.,  872,  18,  941,  1 

McGirr,  Rev.,  360 

McMillan,  Mrs.  James,  286 

McPherson,  Alexander,  278 

McPherson,  William,  272 

McPherson,  William  H.,  278 

McSherry,  Richard,  841 

McSherry,  William,  Provincial  S.J.,Md., 
308,  382,  475,  14,  525,  8,  533,  2,  1087  ; 
to  Vespre,  on  Eccleston's  claims,  28 
Jan.,  1837... 1120-1123,  11 ;  to  the 
General,  on  Eccleston's  views  about 
property  S.J.  and  reorganization,  13 
Mar.,  1837. ..1121-1123,  11;  to  Eccles- 
ton,  on  an  adjustment,  29  June,  1837 
...1124;  1127,  17 

McThiry,  Mr.,  346 

Memorial  of  C.  Neale-B.  Fenwick  to 
the  General,  Fortis,  on  Marechal's 
claims,  22  Nov.,  1822... 270,  291,  309, 
310,  325,  328,  333,  49,  350,  351,  591, 
730,  733,  3,  906,  907,  912,  915-918,  934, 
10,  1038,  1081 ;  Marechal  on,  1077,  10 

Merrick,  William  D.,  924 

Mertz,  John  N.,  Rev.,  on  the  provision 
made  for  Carroll  by  ex-Jesuits,  449,  4  ; 
595,  843,  941,  942,  947 

Metcalf,  Mr.,  263 

Methodist  Indian  missions  in  U.S.,  1019 

Middlesex,  259 

Mildmay,  Matthew,  S.J.,  48 

Miles,  Mr.,  257 

Milholland,  Charles  W.,  314 

Mill  Creek  Hundred,  Del.,  mission  S.J., 
277, 333-335 ;  purchase  by  Manners,  and 
transmission  of  the  property,  333,  334, 
344 ;  loan  to,  by  L.  Neale,  334,  809 

Millard,  J.,  380 

Millen,  Thomas,  305,  904 

Miller,  John,  331 

Miller,  Mr.,  310 

Miller,  Parson,  331 

Millington,  Sarah,  331 

Milner,  John,  V.A.,  Midland  district, 
England,  1111, 17  ;  and  the  restoration 
of  the  English  province  S.J.,  1139- 
1142,  1145,  1146,  17 

Milton,  Pa.,  church  lot  at,  conveyed  to 
F.  Neale,  347,  349 

Miquel,  X,,  Rev.,  candidate  for  S.J.,  842, 
76 

Missionaries,  S.J.,  qualifications  of,  19, 

20,  37,  42,  55,  63,  1011,  1012  ;  spirit  of, 

21,  32,  36 ;  spiritual  suffrages  for,  34, 
35  ;  ministry  of,  essential  in  S.J.,  570 

Missouri  mission  S.J.,  andDubourg,  521, 
10 ;  Marechal  on  the  transfer  of  the 
novitiate  from  Md.  to,  548-550,  1016- 
1021;  570,927;  territory  for,  1816... 


1010;  1819.. .1013;  1830.. .1028;  route 
to,  from  White  Marsh,  1823.. .1017; 
concordat  and  transactions  regarding, 
1823. ..521,  10,  1021-1025;  B.  Feuwick 
on  reasons  for  the  foundation  of,  1823 
...1025,  1140;  property  and  stations 
assigned  by  Dubourg  to,  1027  ;  progress 
of,  1824-1830... 1027,  1028;  v.  Con- 
cordats, Dubourg,  Van  Quickenborne 

Mistake,  Charles  Co.,  278,  279 

Mobberly,  Joseph,  S.J. ,570;  and  aggre- 
gation to  S.J.  in  Russia,  25  Apr.,  1803 
...816;  842,76,873,899 

Mohilow,  Archbishop  cf,  and  the  restora- 
tion S.J.,  1805. ..839,  68 

Molyneux,  Richard,  sen.,  S.J.,  resigna- 
tion of  property  by,  236 ;  and  the 
escheat  of  property  S.J.  in  Md.,  254, 
255,  270,  726 ;  and  the  transmission  of 
property,  259,  260,  269-272 ;  indenture 
of,  to  John  Lancaster,  conveying  all 
property  S.J.  in  Md.,  9  Sept.,  1746... 
279,280;  285,  JO 

Molyneux,  Robert,  and  Mill  Creek 
Hundred,  Del.,  property  S.J.,  333,  335, 
868,  869;  heir  of  J.  Lewis  in  Md. 
and  Pa.,  and  the  transmission  of  pro- 
perty by,  344-346,  348,  363 ;  and  St. 
Mary's  church,  Philadelphia,  1788... 
365 ;  366,  3G9 ;  and  the  suppression 
S.J.,  1773. ..607;  609;  and  the  Select 
Body  of  Clergy  :  v.  Proceedings  ;  638 ; 
and  aggregation  to  S.J.  in  Russia,  25 
Apr.,  1788,  30  Aug.,  1802,  25  Apr.,  1803 
...683,  684,  815,  816,  820;  720;  his 
declaration  of  trust,  3  Oct.,  1793... 270, 
292,  333,  441,  28,  539,  13,  542,  24,  732, 
736,  737  ;  v.  Declaration  of  trust ;  and 
the  presidency  of  Georgetown  College, 
746,  751,  833  ;  at  Bohemia  and  Porto- 
bacco,  1790... 748;  752,  769;  to  F. 
Neale,  on  accounts  with  the  Seminary, 
Bo.,  for  maintenance  of  theologians, 
7  Nov.,  1805,  23  May,  1806... 802,  803  ; 
and  the  Paccanarists,  1800... 814,  815 

Appointed  superior  of  the  Society 
restored  in  Md.,  387,  388,  440,  26,  804, 
820,  821,  873,  1033;  trustee  of  the 
Corporation ;  v.  Proceedings  ;  agree- 
ment of,  with  Carroll,  20  Sept.,  1805  ; 
v.  Concordats ;  822  ;  to  F.  Neale,  on 
Carroll  and  a  formal  continuance  of 
the  Corporation,  7  Nov.,  1805.. .824, 
825,  928, 2  ;  to  same,  novice  and  master 
of  novices,  827,  34;  865,  142;  to  F. 
Neale,  on  the  sale  of  White  Clay 
Creek,  Del.,  and  on  Rosseter,  24  Jan., 
1806. ..868,  869;  relations  of  Carroll 
with,  1807,  1808... 973,  10,  979,  26 

Mondesir,  John,  Rev.,  admitted  into  the 
Select  Body,  9  Oct.,  1799... 770,  775; 
788 

Money,  values  of,  sterling  and  currency, 
242,  343,  344,  543,  26,  631,  5,  638,  3, 
691,  692,  1,  748,  773,  767,  809 


INDEX 


1201 


Montreal ;  v.  Lartigue,  Sulpicians  Canada 

Montserrat,  island,  101 ;  mission  S.J.  in, 
143 

Mooney'sland,  St.  Mary's  Co.,  733 

Moore,  Horatio,  273 

Moore,  James,  S.J.,  273 

Moravian  Indian  missions  in  U.S.,  1019 

More,  Henry,  Provincial  S.J.,  23 ;  v. 
Vitelleschi ;  on  the  mission  Md.,  1633- 
1636...  108, 109 

More,  Thomas,  Provincial  S.J.,  on  the 
financial  condition  of  the  English 
province,  1773... 001-603,  604 

Morgan,  John  A.,  S.J.,  on  the  Marechal 
controversy,  30  May,  1888... 934,  12 

Morley,  Walter,  S.J.,  212,  213 

Morris,  Peter,  S.J.,  and  the  suppression 
S.J.,  1773.. .607 

Morse,  Henry,  S.J.,  126 

Mortmain,  statutes  of,  introduced  in  i 
Conditions  of  Plantation  for  Md.,  1641 
...162;  made  retrospective,  164;  all 
statutes  of,  to  be  imported  from 
England  into  Maryland,  194  ;  v.  Balti- 
more Cecil,  Laws  ;  211,  354,  1  ;  operat- 
ing in  Md.,  1776... 396,  28,  635,  636, 
914,  3 ;  referred  to,  in  the  charter  of 
the  Corporation,  1792... 724;  909,  9 

Mosley,  Joseph,  S.J.,  286;  purchases 
of  land  by,  in  Talbot  Co.,  Md.,  328- 
333 ;  v.  St.  Joseph's ;  on  the  masters 
of  slaves,  384 ;  and  the  suppression 
S.J.,  1773.. .607;  630,  638,  735;  v. 
Proceedings 

Mosley,  Michael,  S.J.,  328 

Mosoxcoques,  Indian  councillor,  120 

Mount  Carmel,  Charles  Co.,  Md.,  345  ;  v. 
Carmelite  nuns 

Mountain  Prospect;  v.  Pipe  Creek 

Moynihan,  Rev.,  811,  872,  18 

Mudd,  Aloysius,  S.J.,  551,  569,  49,  582, 
4,  1016 

Mudd,  Clement,  257 

Mudd,  Theodore,  273 

Muir,  Casper,  381 

Muir,  Eliza,  381 

Mulledy,  Thomas  P.,  Provincial  S.J., 
Md.,  380,  19,  475,  14,  533,2;  to  the 
General,  on  Eccleston's  claims,  and 
the  settlement,  Feb.- Aug.,  1838... 
1122,  1123,  11  ;  on  the  proceeds  of 
slaves  sold  for  Louisiana,  1888... 1122 

Mumford,  Thomas,  Provincial  S.J.,  49; 
v.  Oliva 

Mumford,  William,  S.J.,  51,  58-61;  v. 
Gonzales 

Munns,  Thomas,  213 

Murphy,  John,  S.J.,  1017 

Muskett,  George,  Rev.,  165,  188 


N 


NABB,  THOMAS,  215 

Nagot,  Francis   C.,  S.S.,  714  ;   negotia- 


tions of ,  with  Carroll,  1790.. .744,  745; 
arrival  of,  in  Baltimore,  with  other 
Sulpiciaus,  1791... 745;  grant  of  Bohe- 
mia to,  for  the  Seminary,  Bo.,  3  May, 
1793.. .747,  748;  to  the  Corporation, 
on  the  restoration  of  Bohemia,  22 
Aug.,  30  Sept.,  1799... 754-756;  settle- 
ment with  the  Corporation,  2  Jan., 
1801... 760;  765 

Nanjemoy,  940,  (c),  965 

Naples,  46,  839,  68,  854,  978 

Napoleon  Bonaparte,  861 

Neale,  Bennett,  S.J.,  80,  82,  83;  resigna- 
tion of  property  by,  236 ;  257 ;  bene- 
ficiary of  T.  Shea's  devise,  Deer  Creek, 
265,  266,  288;  purchase  of  tract  by, 
288;  289,  290;  and  the  suppression 
S.J.,  1773. ..607;  Marechal  on,  and 
Deer  Creek  property  S.J.,  903,  904,920 

Neale,  Charles,  S.J.,  heir  of  property  S.J. 
in  Md.  and  Pa.,  345 ;  359  ;  and  accounts 
of  St.  Thomas's  Manor,  362  ;  369,  371, 
10 ;  to  Marechal,  declining  to  execute 
the  Papal  brief,  re  White  Marsh,  9  Dec., 
1822... 487,  1,  488-493,  573,  50,  918, 
1032,  1039,  1063,  10;  23  Dec.,  1822... 
487,  1,  498-501,  906-910,  1064,  11; 
Marechal  on,  502-508 ;  to  B.  Fenwick, 
18  Dec.,  1822.. .487,  1,  491,  8,  493,  12, 
918,  919 ;  on  Marechal's  pastoral,  re 
property  S.J.,  246,  492;  protest  of, 
against  executing  the  brief,  498-501, 
906,  911,  917 ;  660,  51 ;  return  of,  from 
Europe,  681;  and  Ashton,  715,  716; 
720;  family  of,  721,4;  769,  770;  and 
the  Paccanarists,  1800... 814,  815  ;  and 
aggregation  to  S.J.  in  Russia,  30  Aug., 
1802,  25  Apr.,  1803... 815, 810, 820 ;  822  ; 
and  the  succession  of  the  restored  S.J. 
to  its  property,  1814... 823  ;  Carroll  on, 
and  the  Carmelite  nuns,  1805... 827, 34; 
and  St.  Thomas's  Manor,  Dec.,  1806... 
827,  828;  superior  of  the  mission,  re- 
siding at  Portobacco,  1811. ..833;  834, 
865,  142,  966 ;  appointment  of,  as 
superior,  first  time,  1808... 388,  389,  2, 
873;  second  time,  1818... 890, 8:1;  third 
time,  1821... 441,  26,  1033;  Carroll  to 
the  General  on,  1811... 873,  874;  resig- 
nation of  St.  Thomas's  Manor  by,  22 
Aug.,  1820.. .827,  34,  903;  911;  memo- 
rial of,  and  B.  Fenwick  to  the  General, 
ont  Marechal's  claims,  22  Nov.,  1822... 
915,  918 ;  v.  Memorial ;  and  respect  for 
ecclesiastical  authorities,  918, 919 ;  923, 
924  ;  J.  G.  Shea  on,  and  Marechal,  933 ; 
947 

To  F.  Neale,  and  Grassi,  on  Carroll's 
attitude  towards  S.J.,  24  May,  1809, 
12  Oct.,  1813.. .848,  88,973, 10;  circular 
on  the  standing  of  S.J.  in  U.S.,  24 
May,  1809... 973, 10;  to  Carroll,  protest 
against  the  synodal  article,  2H  Nov., 
1810.. .390,  2,  424,  32,  977,  978;  to  the 
General,  on  the  authority  conveyed  to 


1202 


INDEX 


NEALE,  CHABLES  (continued)— 

Carroll,  979,  26;  on  Carroll,  10  May, 
1810.. .982;    to    P.    Neale,    communi- 
cating the  General's  answer  on  Carroll's 
authority,    11    Sept.,    1811. ..983;     to 
Kenny,  Philadelphia,  on  the   request 
for  Rantzau,  Oct.,  1811. ..984,  985,  993 ;   , 
on    missionaries    being    recallable   by   ' 
their  religious  superiors,  984,  985  ;  v.   i 
Egan  ;  succeeded  by  Grassi,  1811... 987, 
988 ;    the  General  and  Kohlmann  on 
errors  of,  1810,  1811.. .389,  2,  978,  987, 
988 ;  Carroll  on  the  representations  of, 
made  to  the  General,  1811. ..988,  989; 
and   the  observance  of  the   General's 
instructions,  1809-1811... 990,  .-57,  991, 
60;  to  Grassi,  9  Dec.,  1811... 990,  57; 
991,  62 ;  Malou  on  the  dealings  of,  with 
the  bishops,  1811... 992-994  ;    and  the 
synodal  article  of   1810... 995,  996;  v. 
Carroll,  Synodal  article ;  1002,  6 ;  and 
Dubourg,  1823.. .1016-1019, 1024, 1025; 
v.  Concordats,  Dubourg ;  1020,  13 ;  to 
Kohlmann,  on  civil  rights  in  U.S.,  17 
Sept.,  1822... 1037 
Neale,  Elizabeth,  279 
Neale,  Francis  I.,  S.J.,  agent  and  trustee 
of  the  Corporation,  passim ;  v.  Corpora- 
tion, Proceedings ;  272,  278,  279 ;  and 
sales  at  Deer  Creek  ;  v.  Deer  Creek  ;  to 
P.  Kenney,  on  ditto,  14  July,  1832... 
299 ;    to   Marshall,  on  Marechal   and 
the  trustees,  25  Sept.,  1821. ..305;  to 
Laurenson,   on   St.   Peter's    property, 
S.J.,  Bo.,  1816... 320;  v.  Baltimore  city; 
heir  or  legal  possessor  of  property  S.J. 
in    Md.    and   Pa.,   333,   344-350,   and 
passim ;  to  De  Earth,  on  the  trusts  left 
by  the   will   of   Robert    Molyneux,   8 
Feb.,  1814... 345;  and  accounts  of  St. 
Thomas's  Manor,  1824... 362;  convey- 
ance by,  of  St.  Mary's  church,  Phila- 
delphia,  to  Conwell,  1825.. .363,  364  ; 
371 ;  to  Dzierozynski,  on  St.  Thomas's 
Manor,  its  produce  and  slaves,  1825- 
1827.. .231,  382-384;  on  Sannen,  1823 
...536,  5;  on  Vergnes'  bequest,  22  Oct., 
1827.. .545,  29;  551,  660,  51,  690;   on 
Ashton's  devise  to  the  Corporation,  717, 
45;  720,  721;  family  of,  721,  4;    769, 
770,  783,  9 

At  Georgetown  College,  1802... 763; 
president  of  same,  801,  833  ;  Carroll  on, 
1808,  1813.. .799,  801;  and  aggregation 
to  S.J.  in  Russia,  25  Apr.,  1803... 816, 
820 ;  822,  20 ;  novice  and  master  of 
novices,  1806... 827, 34 ;  multiple  offices 
of,  830,  41 ;  vice-president  of  George- 
town, 1812.. .836,  62;  to  Grassi,  on 
White  Marsh  and  the  Corporation,  8 
July,  1814... 842, 76;  861,896;  succeeds 
C.  Neale  at  St.  Thomas's  Manor,  22 
Aug.,  1820.. .902,  903;  correspondence 
with  Marechal,  on  diocesan  property, 
Eutaw  St.,  Bo.,  1818-1820.. .921 -923; 


NEALE,  FRANCIS  I.  (continued)— 

924,  942 ;  Kohlmann  on,  and  the  Md. 
farms,  946,  14 ;  965,  978,  1002,  1080,  2 

Neale,  Henry,  S.J.,  77-79;  resignation 
of  property  by,  236;  274,  275,  284, 
285;  to  C.  Shireburn,  on  a  landed 
foundation  in  Pa.,  1741... 342-344 ; 
purchases  of  laud  by,  and  will  of,  345, 
346, 348,  349 

Neale,  Leonard,  Bishop  of  Gortyna,  and 
Archbishop  of  Baltimore,  and  the  Select 
Body  of  Clergy ;  v.  Ex-Jesuits  Ameri- 
can, Proceedings ;  trustee  of  the  Cor- 
poration ;  v.  Proceedings ;  276,  315 ; 
and  transactions,  re  St.  Peter's  church 
and  the  cathedral,  Bo.,  315-323  ;  and 
Mill  Creek  Hundred,  Del.;  v.  Mill 
Creek ;  362,  369,  371,  660,  .11  ;  at  Phila- 
delphia, 661,  51 ;  and  incorporation  of 
property  S.J.,  669 ;  and  opposition  to  a 
school  at  Georgetown,  673,  674 ;  and 
Demarara,  669,  710,  24,  721,  4;  and 
aggregation  to  S.J.  in  Russia,  1788... 
683,  684 ;  Ashton  on  a  letter  of,  re  the 
Bishop  of  Baltimore  and  the  Corpora- 
tion, 1802... 708-712;  to  Stone,  on 
Ashton,  25  June,  1803... 712,  32;  720; 
family  of,  721, 4 ;  Carroll  on  the 
management  of  Georgetown  College  by, 
1800.. .758,  787,  18;  1808.. .799;  presi- 
dent of  Georgetown,  761,  830,  41,  833  ; 
to  Stone,  on  Georgetown  and  St.  Mary's 
Colleges,  1801-1803... 761-763,  798  ;  769 
Consecrated  bishop-coadjutor,  7  Dec., 
1800.. .779;  803;  joint  letter  of,  with 
Carroll,  to  the  General  S.J.,  on  the 
restoration  of  S.J.  and  its  property  in 
U.S.,  25  May,  1803... 713,  817-819 ;  pro- 
vision from  the  Corporation,  on  his 
succession  to  Carroll,  11  Sept.,  1806... 
826,  827  ;  and  Grassi,  on  the  control  of 
temporalities  at  Georgetown,  1812... 
832,  836,  837  ;  to  Grassi,  12  Sept.,  1812 
. .  .836, 837 ;  and  re-entering  S.  J. ,  1815. . . 
850;  859,  126,  860,  861,  864,  866,  869; 
to  E.  Fenwick,  on  Bitouzey  and  the 
novitiate,  29  Oct.,  1813... 879,  36  ;  881, 
44  ;  grant  of  Bohemia  to,  and  substitu- 
tion of  a  pension,  Feb.,  1816... 885,  886 ; 
receipt  of,  26  Mar.,  1817... 887;  to 
Grassi,  urging  a  voyage  to  Rome,  9 
Apr.,  1817. ..889,  30,  1137,  6';  to  a 
suffragan,  on  Card.  Litta's  rescript  and 
the  Propaganda,  1817... 572,  50,  889, 
32;  to  Pius  VII.,  on  Charleston,  S.C., 
6  Mar.,  1817... 889, 32;  intestate,  Mare- 
chal and  F.  Neale  on  the  property  of, 
1818-1821... 920-924;  947;  concordat 
of,  3  Apr.,  1816,  with  Grassi ;  v.  Con- 
cordats ;  and  the  synodal  article,  1810 ; 
v.  Synodal  article ;  to  the  Propaganda, 
on  missionaries  more  necessary  than 
bishops,  20  Dec.,  1816... 1012,  3;  and 
the  loan  of  Jesuit  books  and  archives, 
1132,36;  succeeded;  v.  Marechal 


INDEX 


1203 


Neale,  Mr.,  274 

Neale,  Raphael,  921,  922 

Needles,  The,  95 

Negroes ;  v.  Slaves 

Neill,  James,  S.J.,  in  Italy,  548,  33 

Nelson,  Rev.,  184 

Neumann,  John  N.,  Bisliop  of  Phila- 
delphia, and  property  S.J.  in  Lancaster 
Pa.,  365 

Nevill,  Richard,  213 

Nevis,  101 

New  Brandford,  256,  257 

New  England,  danger  to,  from  a 
Catholic  colony  adjacent,  13,  14;  from 
Spaniards,  13,  14;  Copley's  excursion 
to,  31,  32 ;  122,  139,  147,  178 

New  France ;  v.  Canada 

New  Mexico,  148 

New  Orleans,  diocese  of;  v.  Dubourg; 
1008,  1009;  Catholic  population  of, 
1816. ..1010;  1011;  Ursulines  for,  1816 
...1011;  1012,  1019,  8;  Marechal  on 
Dubourg' s  administration  of,  1823... 
1020 ;  a  boarding-college  to  be  con- 
ducted by  S.J.,  1824. ..1027;  and  a 
farm  to  be  assigned  by  Dubourg  at 
Opelusas,  1826.. .1028;  1136,  1137,  3 

New  Ross,  Ireland,  334 

New  York,  diocese  of,  443,  460,  2,  526, 
527,  744  ;  A.Kohlmann,  Vicar  General, 
848, 849,  857, 865, 142  ;  858, 864,  889, 32, 
914,922;  status  of,  1821... 959,  960;  980 

New  York,  mission  S.J.,  1683-1685... 50, 
54  ;  two  missionaries  in,  1685. ..138  ; 
139,  140 ;  Literary  Institution,  origin, 
debts,  and  liquidation,  356,  357,  459, 
460,  882;  Kenney  on  the  title  S.J., 
897,  1032,  6;  371,  438,  800,  853  ;  Kohl- 
mann  recalled  from,  1815. ..853,  104; 
860 ;  the  General  on  the  Literary 
Institution,  1813... 865,  142 ;  B.  Fen- 
wick  and  Wallace  withdrawn  from, 
1816. ..882;  Brute"  on,  1817.. .882; 
Kohlmann  on  the  relative  merits  of, 
and  Pa.,  and  Md.,  1815. ..945;  946,  14, 
947,  978,  984,  992,  994,  73,  1138,  6 
Newcastle  Co.,  Del.,  296,  335,  344,  630, 
868,  870 ;  v.  Kenny,  White  Clay  Creek 
Newport,  273  ;  and  Cobneck,  extent  and 
sale  at,  1324-1830. .  .379 ;  and  Marechal's 
claims,  719  ;  965 ;  Marechal's  diary  on, 
1818... 1042 

Newton,  E.  B.,  S.J.,  650,  27 
Newtown,  or  Britton's  Neck  and  Outlet, 
59,  207,  17;  titles  to,  201;  206,  207, 
215-217  ;  chattels  of,  assigned  by  W. 
Hunter  to  T.  Jameson,  1717... 222,  223  ; 
232,  233 ;  contributions  from,  to  the 
mission  in  general,  241 ;  252,  270,  286, 
293;  G.  Hunter's  report  on,  1765... 
336;  condition  of  farm  at,  1824. ..362; 
372;  extent  and  yield  of,  1824-1830... 
379,  380 ;  Marechal  on  extent  of,  541, 
551 ;  612  ;  administration  of ;  v.  Pro- 
ceedings ;  and  Marechal's  claims,  719  ;  i 


733;  condition  of,  1820... 898;  933,  1 ; 
Marechal's  diary  on,  1818.. .1042  ;  1121 

Nichols,  Philip,  707,  9 

Nickel,  Goswin,  General  S.J.,  letters  of, 
1651-1660,  to  Fisher,  40  ;  Foster,  40 ; 
Starkey,  40-42 ;  Knott,  41,  42 ;  Gray, 
42;  Barton,  42-44  ;  E.  Courtney,  44 

Nihill,  Edward,  S.J.,  721,  o 

Nolan  [Nowland],  Darby,  208,  223,  1042 

Norembrage,  Norimbega,  4,  5 

Norfolk,  Duchess  of,  and  G.  Hunter,  235 

Norfolk,  Va.,  856,  889,  914,  915,  1137,  3 

Norris,  John,  S.J.,  77 

Northampton,  158 

Northumberland,  Pa.,  church  lots  at, 
conveyed  to  Harding,  347,  349 

Nova  Scotia,  689,  4 ;  v.  Burke 

Novitiate  S.J.,  Md. :  conditions  for,  1675, 
1683.. .48,  51;  organized,  1805. ..827, 
34 ;  B.  Fenwick  on  the  character  of 
novices  in,  1815. ..835,  CO;  removal  of, 
from  Georgetown  to  St.  Inigoes,  1812 
...837,  64,  876;  back  to  Georgetown, 
White  Marsh,  Frederick,  1813,  1814... 
366-368,  373,  839-842,  877;  from 
Frederick  to  White  Marsh,  1813... 879, 
36;  at  White  Marsh,  1815. ..945,  12; 
at  Georgetown,  1818. ..891;  to  be 
placed  at  Washington,  1815. ..455,  456, 
852 ;  Carroll  on  Washington  for,  853, 
854,  856,  857 ;  a  house  to  be  erected 
for,  at  Washington,  1818. .  .892 ;  founda- 
tion of  same,  1814,  1815  .  947,  948  ; 
847  ;  transfer  of,  from  White  Marsh  to 
Florissant,  Mo.,  1823. ..548,  549,  1016- 
1025 ;  v.  Missouri  mission ;  care  of, 
imposed  on  the  General,  1065 ;  v.  Pro- 
ceedings, Seminary  Catholic 

Nugent,  Andrew,  Rev.,  636,  637,  690,  S 

Nuncio,  at  Brussels,  46  ;  Rosetti  on  affairs 
of  Maryland,  1641,  1642;  v.  Rosetti; 
on  sending  secular  priests  to  Md.,  1670 
...196-198;  to  the  Propaganda,  on 
execution  of  the  brief  suppressing  S.J. 
in  Md.  and  Pa.,  8  July,  1775. ..607; 
986,  44 ;  to  the  Propaganda  on  the 
Instruction,  1724,  to  the  Nuncio 
Spinelli,  24  Sept.,  1751... 998  ;  Instruc- 
tion to  .Spiuelli,  on  the  mission  of 
England,  18  Mar.,  1724... 998-1000;  v. 
Propaganda ;  report  of  Spinelli  on  the 
regular  Orders  and  Vicars  Apostolic  in 
England,  12  Jan.,  1725...  1000;  on  the 
Scotch  college  S.J.  at  Dinant,  1773, 
1774.. .1154 

At  Lisbon,  to  the  Propaganda,  on 
Grassi  and  companions,  missionaries 
S.J.  for  China,  1805... 838,  68 

At  Paris,  negotiations  of,  with 
Franklin,  on  a  bishopric  for  America, 
1784. ..619;  to  Carroll,  on  the  Sulpi- 
cians  for  Baltimore,  4  Aug.,  1790... 690, 
7  ;  correspondence  of,  with  Carroll,  on 
ditto,  1790... 745  ;  849 
At  Vienna ;  v.  Severoli 


1204 


INDEX 


Nuns,  and  religious  vocations  in  Md., 
1818... 957,  958;  the  General  S.J.  on 
the  direction  of,  1811... 992 


O 


OATH,  formula  of,  devised  by  Cecil,  Lord 
Baltimore,  151-157 ;  attached  to  new 
Conditions  of  Plantation,  1641... 163; 
draft  for  a  Provincial's  certificate 
thereupon,  163,  164  ;  Lewger's  account 
of,  164 ;  Baltimore's  oath  of  fealty  to 
be  taken  by  ecclesiastics,  and  of  re- 
nouncing rights  to  Indian  church  pro- 
perty, 195,  196  ;  taken  by  trustees  ;  v. 
Corporation  of  R.  C.  Clergymen ;  ap- 
pointed by  Parliament  for  priests  in 
England,  1778,  1791... 644,  648,  1152 

Oblates,  in  Maryland,  64,  65,  71 

O'Brien,  W.,  Rev.,  680,  766,  853,923,  973, 
10 

O'Brien,  Timothy,  Rev.,  289 

O'Connor,  Patrick,  845,  858,  859 ;  cause 
of  removal  from  Georgetown  College, 
859,  126,  863,  137 

O'Daniel,  Margaret,  208,  220,  271,  284 

O'Daniel,  Mary  A.,  devise  of  land  by,  to 
T.  Mansell  and  W.  Douglass,  208,  220, 
233  ;  271,  284 

O'Daniel,  Moriss,  221 

O'Daniel's,  Moriss,  Rest,  208,  220,  233 

O'Donald,  James,  467,  6,  756 

Odin,  John  M.,  C.M.,  1027 

Old  Works,  Harford  Co.,  296 

Oliva,  John  P.,  General  S.J.,  letters  of, 
1662-1679,  to  E.  Courtney,  44-46; 
Clarke,  46,  47  ;  Simeon,  47,  48  ;  Gray, 
48  ;  Strange,  48,  49  ;  T.  Mumford,  49  ; 
J.  Warner,  49  ;  132,  133  ;  v.  Simeon 

Ogle,  Benjamin,  310 

Ohio,  381,  382,  574,  745 

Ohio  Co.'s  Purchase,  conveyance  of  land 
in,  to  F.  Neale,  and  accounts  of,  1817- 
1837... 381,  382 

Olier,  Rev.,  766,  7 

O'Neil,  William,  S.J.,  84 

Orange,  Prince  of,  1690... 140 

Orders,  regular,  juridical  rights  of,  to 
property,  248,  13 ;  in  Maryland,  and 
Cecil,  Lord  Baltimore,  1669.. .197  ;  use 
of,  for  missionary  districts,  Con  well 
and  Propaganda  on,  359,  584,  10;  ex- 
emption and  privileges  of,  402,  49,  846, 
87,  966,  967,  997-1001, 1004-1008, 1133, 
1135, 9  ;  the  bull,  Sollicittido,  on,  1814... 
846,87;  Whitfield  on,  1823... 1090,  2; 
proposals  regarding,  for  Provincial 
Councils,  Bo.,  1829,  1837.. .1134,  1135, 
1138,  10;  in  a  diocese,  Marechal  and 
Dubourg  on,  553,  40,  1136-1138; 
property  of,  to  be  possessed  by  the 
Ordinary,  1137,1138 ;  v.  Bulls,  Councils 

Ordinances  for  the  Md.-Pa.  mission  S.J., 
of  H.  Corbie,  Provincial,  1759... 240, 


241,  267,  268 ;  of  Kenney,  Visitor,  on 
the  management  of  temporalities,  1820 
...896-898,  899, 11,  902 

Orval,  Owen,  223 

Othoson,  Otto,  283 


PACCA,  Cardinal,  Secretary  of  State,  475  ; 
to  the  Nuncio  Severoli,  on  the  rescript, 
re  status  S.J.,  16  July,  1  Sept.,  1814... 
843,  79  ;  1083,  1085 ;  opinion  of,  on  the 
memorial  of  Baines,  1828... 1147 

Pacca,  Marquis,  598,  1133 

Paccanari,  Rev.,  814 ;  v.  Paccanarists 

Paccanarists,  762,  39,  813-815  ;  Carroll's 
proposals  to  1800... 814  ;  joint  letter  of 
ex-Jesuits  in  Md.  on,  to  Stone,  28  Nov., 
1800... 814,  815;  818,  13 

Padua,  taxation  of  bishopric  at,  1908... 
543,  25 

Palafox,  Bishop  of  Puebla  de  Los  Angeles, 
509;  and  the  publishing  of  property 
titles,  542,  25,  1090,  2 

Panissoni,  L.,  S.J".,  939,  31 

Panzani,  Gregory,  Papal  envoy,  de- 
spatches from  England  to  Card.  Bar- 
berini,  1635,  1636... 149-158 

Paquiet.J.  B.  T.,  S.S.,  862 

Paradise,  York  Co.,  Pa.,  property  S.J., 
extent  of,  1824-1830... 379 

Paradise,  Deer  Creek,  Md.,  292,  297, 298  ; 
v.  Deer  Creek 

Paraguay,  missions  S.J.  in,  609 

Paris,  53 ;  v.  Nuncio 

Parishes  and  Jesuits,  in  Galicia,  457, 
29;  in  U.S.,  Fortis  and  Kohlmann  on, 
570,  1135,9 

Parker,  J.,  S.J.,  280 

:   Parker,  Thomas,  Provincial  S.J.,  63-67; 
v.  Tamburini 

Parliament ;  v.  Acts 

Parsons,  Robert,  S.J.,  to  Winslade,  on 
Catholic  American  colonization,  18 
Mar.,  1605... 3-5;  7 

Pascal,  Provincial  Letters,  to  be  pub- 
lished in  Baltimore,  1829.. .1134 

Pasquet,  William,  Rev.,  294-297 ;  opposi- 
tion of,  to  tenure  of  property  by  S.J., 
367,  374-376,  378,  688,  2;  admitted 
into  the  Select  Body,  770 ;  787, 18,  842, 
852,  858,  859 ;  and  the  Corporation,  re 
Deer  Creek,  1806-1815. ..858,  123;  in- 
volving Carroll  with  the  Corporation, 
858,  123,  887,  888 ;  862-890,  passim ; 
947 

Patuxent  Meadows,  White  Marsh,  730, 
731 

Patuxent  River,  residence  S.J.  on,  1642... 
122 ;  228,  229,  248,  255,  260,  24,  380, 
19,  501,  904,  34 

Paul  I.,  Emperor  ot  Russia,  817 

Paul  III.,  bull,  Licet  debitum,  18  Oct., 
1549 ;  v.  Bulls 


INDEX 


1205 


Paumonii,  95 

Pavaui,  Vincent,  Vicar  S.J.,  533,  2; 
1115  ;  to  Castracane,  on  the  Whitfield 
claims,  June,  1829. ..1112,  1116,  1117 

Pearse  [Chamberlain],  James,  S.J.,  67- 
70,86 

Peckhame,  Sir  George,  and  voyage  to 
Norembrage,  4 

Pedicini,  C.  M.,  Secretary  of  Propaganda, 
and  Cardinal,  to  the  General  Fortis, 
on  Marechal's  claims,  20  Jan.,  1821... 
402,  477,  478;  463,  4,  482,  505,  508, 
1014,  1015  ;  to  the  General,  communi- 
cating the  Papal  brief,  re  White  Marsh, 
25  July,  1822...  1068;  1085;  succeeded 
as  secretary ;  v.  Caprano 

Peemans,  Mr.,  Belgium,  a  benefactor  of 
American  missions,  838,  68 ;  to  the 
Propaganda,  1805. .,838,  68 

Pelham,  Henry,  S.J.,  46,  49 

Pelhani,  William,  S.J.,  134 

Pellentz,  James,  S.J.,  344;  conveyances 
of  land  to,  in  Pa.,  345,  349,  350;  and 
the  suppression  S.J.,  1773... 607, 5,  661, 
51 ;  691,  10,  720,  769 

Pemberton,  John  W.,  S.J.,  75 

Penal  laws  ;  v.  Laws 

Pennington,  Francis,  S.J.,  135  ;  and  the 
transmission  of  property  in  Md.,  203, 
204,  8,  206,  214,  217,  218,  232,  13; 
beneficiary  under  Londey's  will, 
219 

Pennington,  John,  S.J.,  54;  and  the 
transmission  of  property,  203,  6,  204, 
8,  206,  214,  217,  218 

Pennsylvania;  v.  Maryland-Pennsylvania 
mission;  men  for,  1740-1743... 80-84, 
91 ;  contribution  to,  from  G.  Talbot's 
estate,  1744.. .93,  258;  men  in,  1743.. 
143 ;  231 ;  Carroll  on  title  of  property 
S.J.  in,  243;  v.  Philadelphia;  259;  ; 
English  and  German  missionaries  S.J., 
263;  v.  James,  Sir  John;  274,  276,  | 
312,  337 ;  economic  circumstances 
peculiar  to,  338 ;  340  ;  a  landed  founda- 
tion in,  and  cost  of  living,  1741... 342- 
344 ;  German  Catholics  in,  342 ;  land 
vested  in  F.  Neale,  agent  of  the  Cor- 
poration, 344-351 ;  G.  Hunter's  report 
on,  1765. ..351,  352;  property  of  four 
missions  in,  351;  Conwell  on  mis- 
sionaries and  stations  S.J.  in,  359,  360 ; 
o.  Couwell;  612,  691;  G.  Hunter's 
property  in,  734  ;  question  of  incorpo- 
rating the  property,  1799... 753,  954, 
29 ;  F.  Neale's  power  of  attorney  to 
De Earth,  12  Aug.,  1815... 862;  property 
S.J.  not  incorporated  in,  897,  6  ;  922  ; 
Kohlmann  on  relative  merits  of,  and 
N.Y.  and  Md.,  1815  ..945 ;  Kohlmann's 
missionary  expedition  through,  1807 
...973, 10;  v.  Conewago,  Goshenhoppen, 
Lancaster,  Philadelphia,  West  Chester 

Pennsylvania  fund,  262;  v.  James,  Sir 
John 


Percy,  Thomas,  S.J.,  50-53;  v.  De 
Noyelle 

Perelli,  John,  Vicar  S.J.  in  Italy,  1817... 
1011,  1012 

Perez,  Ferdiuando ;  v.  Poulton,  F. 

Persall,  John,  S.J.,  58;  v.  Gonzalez 

Peru,  the  Ordinary  of,  and  exemption 
S.J.,  1006 

[Petre,  Benjamin],  V.A.,  London,  pro- 
posal of,  to  establish  a  Vicar  General 
S.J.  in  Md.  and  Pa.,  1743... 84,  85 

[Petre,  Edward],  S.J. ;  v.  Spencer 

Petre,  Lord,  7-10;  v.  Baltimore,  George 

Petre,  Lord,  230 

Petre,  Winefrid,  230 

Phelan,  Mr.,  859 

Philadelphia,  diocese  of,  359,  443,  460, 
2,  574  ;  and  use  of  property  S.J.,  916  ; 
926,  927;  status  of,  1821. ..959,  960; 
Britt  sent  to  Holy  Trinity  German 
church  at,  and  recalled,  1808-1811... 
874,  973,  10,  976,  991;  a  German 
priest  wanted  for  the  same,  1811. ..984  ; 
993,  1002,  1003,  10 ;  1017  ;  nomination 
of  Kenney  to  the  see  of,  1820...  1014,  6  ; 
1020, 1021 ;  W.  Matthews  on  the  affair 
of  Harold  and  Clay,  Secretary  of  State, 
1828... 1110;  1137,3,  1138,6 

Philadelphia,  Holy  Trinity  German 
church  ;  v.  Philadelphia  diocese 

Philadelphia,  mission  S.J.,  Carroll  on 
title  of  property  S.J.  in,  242-245  ;  253, 
20,  259,  275,  335,  338  ;  property  S.J.  in, 
344,  346,  349,  351 ;  G.  Hunter's  report 
on,  1765. ..351,  352;  v.  St.  Mary's 
church ;  355 ;  liquidation  of  property 
S.J.  in,  1820,  1821... 356-358;  and  the 
episcopal  residence,  356,  361 ;  v.  Con- 
well,  Egan,  Marshall,  St.  Joseph's 
church  ;  De  Earth  on  a  college  at,  and 
previous  economy  S.J.,  358;  Conwell 
on  the  property  S.J.,  359,  363,  364,  876, 
26  ;  and  on  missionaries  S.J.,  359  ;  De 
Barth  on  validity  of  property  title  S.J., 
413,15;  612;  dissensions  in  clergy  and 
congregation  at,  1788... 616,  687  ;  Ger- 
man Capuchins  and  other  clergy  at, 
1787-1790... 661,  51;  690,  691,  800; 
Egan's  bond  to  F.  Neale  for  property 
S.J.,  6  Nov.,  1812.. .839,  876,  877;  and 
W.  V.  Harold,  1815... 857,  861;  Carroll 
on  securing  property  S.J.  at,  857,  861 ; 
F.  Neale's  power  of  attorney  to  De 
Barth,  12  Aug.,  1815.. .862;  882,  922, 
943,  969;  the  General  Fortis,  on 
alienation  of  property  at,  1825...  1035, 
1036 

Philips,  Rev.,  Oratorian,  149,  165,  180, 
187 

Philips,  Vincent,  S.J".,  254,  268 

Piacenza,  property  case  at,  83-92 

Piccolomini,  Francis,  General  S.J.,  letters 
of,  1650-1,  to  H.  Silesdon,  37 ;  Foster, 
38-40 ;  Fisher,  39  ;  to  Foster,  on  con- 
ditions for  possessing  property,  and 


1206 


INDEX 


contracting     spiritual     obligations,    8 
Apr.,  1651... 38,  39,  240,  245 

Piercefield,  St.  Thomas's  Manor,  204,  221, 
232,  233 

Pignatelli,  Joseph,  S.J.,  Provincial  of 
Italy,  817,  866,  144,  992 

Pilawase  Bay,  147 

Pile,  Henry,  S.J.,  trustee ;  v.  Proceed- 
ings ;  369  ;  not  a  member  of  S.J.  after 
re-establishment,  628,  2  ;  660,  51 ;  and 
aggregation  to  S.J.  in  Russia,  25  Apr., 
1788... 684;  720,  769,770;  Carroll  on, 
1808... 787,  18;  and  the  Paccanarists, 
1800... 814,  815;  850 

Pipe  Creek,  Little,  or  Mountain  Prospect, 
251,  18,  274-277,  6 ;  Marechal  on  ex- 
tent and  sale  of,  542 ;  disposal  of, 
ordered  by  the  Select  Body,  1784... 631 ; 
734  ;  appropriation  of  the  funds  from, 
by  the  Corporation  to  the  Seminary, 
Bo.,  and  to  Georgetown  College,  1792- 
1799.. .747,  752,  757 

Piscataway,  103,  113,  120, 122,  124,  216, 
718 

Pise,  Charles  C.,  and  Frederick,  561 

Pius  VI.,  bull  of,  erecting  the  see  of 
Baltimore,  6  Nov.,  1789... 476, 484, 698  ; 
Carroll  on  said  bull,  690,  699,  907; 
Marechal  on,  427,  428,  492,  9,  11,  637, 
9,  900,  901,  and  passim ;  the  General 
Fortis  on,  and  the  property  of  the 
Corporation,  1822...  1044-1046  ;  Grad- 
well  on,  1823... 1052  ;  606,  4  ;  v.  Bulls 

Pius  VII. ;  v.  Bulls ;  and  the  Severoli 
rescript,  24  Dec.,  1813 ;  v.  Severoli ; 
acts  of,  in  restoring  S.J. ;  v.  Vivae 
vocis  oracula ;  on  episcopal  interference 
with  regulars,  1007,  26;  1118 

Pius  VIII.,  1116-1118;  v.  Castiglione 
Plessis,  Joseph  0.,  Archbishop  of  Quebec, 
and  the  case  of  Lartigue,  Bishop  of 
Montreal,  with  the  Sulpicians ;  v. 
Lartigue ;  negotiations  with  the  Gene- 
ral S.J.  on  a  foundation  at  Halifax, 
1008,  1 ;  1047,  1048 

Plowden,  Charles,  S.J. ;  v.  Carroll ;  and 
the  English  ex-Jesuits,  649,  27;  to 
E.  B.  Newton,  on  the  use  of  ex-Jesuit 
property,  20  Nov.,  1787. ..650,  27;  at 
Arundell  Castle,  650,  27  ;  on  the  origin 
of  ex-Jesuit  property,  and  jus  patro- 
natus,  1792... 655,  37;  on  the  preser- 
vation of  S.J.  in  Russia,  1786... 682, 
683;  on  the  see  of  Baltimore,  1790... 
694 ;  to  Carroll,  on  Irish  affairs,  30 
Apr.,  1808.. .830,  43;  to  Stone,  1811... 
833 ;  to  Carroll,  on  the  restoration 
S.J.,  1815. ..846,  941 ;  851;  on  hostility 
to  S.J.  in  England,  under  Charles  II., 
Cromwell,  and  George  I.,  855,  115, 
1144, 12;  to  Grassi,  on  harmony  with 
the  clergy,  2  Sept.,  1815. ..864,  140  ;  to 
Tristram,  on  the  political  status  S.J. 
in  England  before  the  suppression,  22 
May,  1814. ..1140 ;  1144, 14, 1150, 1153,  8 


Plowden,  Francis,  S.J.,  62 

Plowden,  Richard,  Provincial  S.J.,  65, 
66 ;  v.  Tamburini 

Plowden,  Robert,  S.J.,  650,  27,  655,  851 ; 
publication  of,  re  ex-Jesuit  property, 
England,  851,  98 ;  to  the  English  ex- 
Jesuits  on  jus  patronaius,  12  Dec., 
1796... 1048,  5 

Plunkett,  Elizabeth,  annuity  fund  of, 
enjoyed  by  the  Md.-Pa.  mission,  239 

Plunkett,  Robert,  Rev. ;  trustee ;  v. 
Proceedings;  369,  371-373,  660,  51; 
arrival  of,  in  U.S.,  746,  772,  781 ;  presi- 
dent of  Georgetown  College,  751,  23 ; 
769,  833,  866,  880,  946 

Poconsoke,  E.  S.,  Md.,  205 

Pogmods,  Deer  Creek,  291,  293 ;  Marechal 
on  extent  and  sale  of,  542  ;  734 

Pole,  George,  S.J.,  sketch  of,  1670... 132, 
133 

Pomfret,  chapel  laud,  277  ;  956,  3 

Poole,  Thomas,  766 ;  and  aggregation  to 
S.J.  in  Russia,  25  Apr.,  1803. ..816 

Poor  Clares,  Aire,  721,  4 

Poplar  hill,  church  lots,  Kingston,  sold 
to  J.  Quinby,  1804... 260,  261 

Pork  Hall,  Pipe  Creek,  251,  18 

Portier,  Michael,  Rev.,  526 

Portobacco,  59  ;  residence  S.J.  at,  1642... 
122 ;  201-362, passim  ;  v.  St.  Thomas's 
Manor;  380,  19,  612;  Ashton's  pro- 
perty at,  devised  to  the  Corporation, 
717,  718 ;  residence  of  C.  Neale  at  the 
monastery,  827,  34,  833  ;  v.  Carmelite 
nuns  ;  and  E.  Fenwick,  1825... 956, 3 

Portobacco  Creek,  204,  221,  232,  272,  281, 
733 

Portsmouth,  215 

Portugal,  234,  17 

Portuguese,  99,  147 

Posey,  Belean,  271 

Potomac  Indians,  King  of  Patorieck, 
120 ;  v.  Indians 

Potomac  River  [St.  Gregory's  River],  102, 
103,  122,  147,  215,  232,  330,  341,  501, 
904,  34 

Poulton,  Ferdinand  [Brooke,  John, 
Perez,  F.],  S.J.,  25  ;  v.  Vitelleschi ; 
112;  letter  of,  on  Maryland,  1641... 
119-121 ;  against  the  suppression  of 
the  mission,  120, 121 ;  grant  of  land  to, 
in  Md.,  1637. ..201,  202;  shot,  202,  4; 
212-214,  1043 

Power,  Paul,  S.J.,  trustee  of  Irish  ex- 
Jesuit  funds,  1793... 1149 

Poynter,  William,  V.A.,  London,  360, 504 ; 
to  Gradwell,  on  church  affairs  in  U.S. 
and  Canada,  Irish  priests  and  jus 
patronatus,  28  Nov.,  1820,  Mar.-May, 
1821.. .1047,  1048;  to  Whitfield,  on 
Marechal's  success  in  Rome,  1822... 
1071 ;  1085,  1101,  1102,  10 ;  opposition 
of,  to  the  restoration  of  S.J.  in  England, 
1141-1146 ;  dealings  of,  with  Lord 
Sidmouth,  1049,  1141-1144 


INDEX 


1207 


Poyntz,  John,  S.J.,  663 
Premunire  ;  v.  Acts  of  Parliament 
Prerogative  Court  in  England,  procedure 

of,  to  be  followed  in  Md.,  1641... 167, 

168 

Preston,  Martin,  278 
Price,  John,  black,  213 
Price,  John,  white,  213 
Price,  Rev.,  156 
Prince  George's  Co.,  248,  250,  260,  24; 

v.  Maryborough,  Queen  Anne's  town, 

White  Marsh 
Privy  Council,  and  W.  Clayborue's  claims, 

1638... 174 
PROCEEDINGS  OF  THE  SELECT  BODY  OP 

CLERGY 

Chapter  of,  before  incorporation,  1783- 
1793,  Representatives,  after 

1783-1784... 370,  408,  S,  426, 3, 617-624, 
626-629,  630,  631,  633,  634,  638 

1786,  Nov.,  278,  S,  287,  290,  291,  408,  S, 
426, 3,  605, 638, 639, 642, 643, 665-667, 
670,  671, 676-679 

1789,  May,  407,  8,  429,  7,  686,  687,  691- 
696 

1792,  Nov.,  702, 720, 721, 746,  747,  769, 8 

1793,  May,  748 

„     Oct.,  370,  407,  8,  737-739 

1795,  June,  703,  704,  722,  7,  770,  772, 
780,  781 

1796,  Oct.,  782,  783 

1797,  Sept.  1,  constitutional  committee, 
370,  8,  704,  774,  777,  4,  784,  785 

1799,  Aug.,  770,  771,  775,  785,  786 
1802,  Aug.,  786 

„     Oct.,  433,  16,  788,  789,  793,  794 

„     Nov.,  794,  795 
1806,  Mar.,  826 

Corporation    of     the    Roman     Catholic 
Clergymen 

1793,  Oct.  3... 741 

1794,  Feb.,  702,  703,  76S,  771,  780 

1795,  Aug.,  746,  7,  750,  773,  7S2 

1796,  June,  750,  751,  782 

1797,  Mar.,  752,  753,  773,  783,  784 

,,  Sept.  1,  constitutional  com- 
mittee, 370,  8,  429,  7,  704,  706,  9, 
774,  777,  4,  784,  785 

„      Sept.,  261,  426,  3,  774 

1798,  Dec.,  334,  753,  775 

1799,  Aug.,  334 

„     Oct.,  753,  27,  754,  29,  756,  775 

1800,  May,  757,  775-777 
„     July,  757,  777 

1801,  May,  335,  706,  9,  761,  778,  806, 
807  " 

„  Nov.,  294,  295,  538,  6',  706,  9,  761, 
778,  808 

1802,  Sept.,  786-788 

„  Oct.,  261,  740,  789-792,  793,  794, 
808 

1803,  May,  261,  295,  316,  369,  810 

1804,  Apr.,  295,  316,  713,  810,  811 
„     Nov.,  811 

1805,  July,  261,  295,  206,  321,  41,  811 


PROCEEDINGS  OF  THE  SELECT  BODY  OF 
CLERGY  (continued)— 

1805,  Aug.,  727,  812 

„      Nov.,  296,  297,  825,  826 

1806,  Mar.,  826 

„      Sept.,  296,  297,  401,  46,  407,  8, 
506-508, 826,  827,  858, 123,  869,  870 

1807,  Sept.,  871 

1808,  May,  828,  871 

„     Oct.,  297,  307,  433,  16,  858,  123, 
872 

1809,  June,  872 

1811,  June,  297,  317,  874,  875 

„      Sept.,  317,  321,  40-42,  875 

1812,  Apr.,  297,  433,  16,  839,  69,  858, 
123,  875 

„     Sept.,  297,  837,  64,  839,  69,  858, 
123,  876 

1813,  May,  489,  6,  877,  878 
,,     Sept.,  878 

„     Oct.,  366,  878 

1814,  June,  373,  879 

„     Oct.,  378,  858,  123,  879,  880 

1815,  May,  880,  946 

„     June,  433,  16,  858,  123,  880,  881, 
947 

1816,  Feb.,  301,  319,  417,  8,  883-886 

„     June,  310,  716,  44,  718,  47,  771, 

886 
„     Aug.,  301,  302,  436,  3,  718,  47, 

886,  887 
„     Oct.,  319,  887 

1817,  June,  888 

„     Oct.,  458,  30,  890 

1818,  Jan.,  890,  891 

„     June,  399,  42,  425,  2,  892,  893 
„     Aug.,  894 
„     Dec.,  895 

1820,  Aug.,  453,  18,  902 

1821,  Jan.,  903 
„     Aug.,  303 

1822,  Nov.,  303,  304 

1823,  Jan.,  502,  503,  910,  911 
Profession  in  S.  J. ;  v.  Society  of  Jesus 
PROPAGANDA  FIDE,  SACRED  CONGREGA- 
TION DE,  Correspondence  aud  Decrees 

Correspondence :  approved  form  of 
annual  letters  for,  45 ;  the  General's 
conditions  of  missionaries  S.J.  re- 
ceiving subsidies  from,  for  Maryland, 
46;  88;  Cecil,  Lord  Baltimore's  re- 
course to,  for  a  secular  clergy  mission, 
180;  petition  to,  1641. ..181,  182;  235, 
252,  19,  276,  6  ;  answer  of,  to  Couwcll, 
re  property  S.J.  in  Philadelphia,  361 ; 
correspondence  of  Marechal  with ;  v. 
Marechal 

To  the  General  Fortis,  on  Marechal's 
claims  to  jurisdiction  and  to  property, 
20  Jan.,  1821.. .402,  477,  478;  on  the 
authentication  of  documents,  22  May, 
1822. ..478;  on  anew  decree,  and  pro- 
visions in  the  Marechal  controversy, 
14  Aug.,  1824.. .524,  5,  528,  4;  the 
Papal  brief  of  23  July,  1823,  and  the 


1208 


INDEX 


PROPAGANDA  FIDE,  SACRED  CONGREGA- 
TION DE  (continued) — 
General's   life   annuity  for   Marechal, 
1826... 1056-1098;     v.    Fesch,    Fortis, 
Gradwell,  Marechal 

To  Marechal,  27  Aug.,  3  Sept.,  1825 
...534;  instructions  of,  on  the  sup- 
pression S.J.,  1773. ..602,  655,  37;  v. 
Suppression  ;  Carroll  on,  and  ex -Jesuit 
property  in  U.S.,  615,  616,  861 ;  to  M. 
Gibson,  V.A.,  England,  on  the  rever- 
sion of  ex-Jesuit  property,  15  July, 
1786... 631,  3,  645,  647-649;  and  the 
English  statute  of  Provisors,  1786... 
645, 646  ;  on  the  ecclesiastical  status  of 
Stonyhurst  College,  14  Feb.,  1796... 653, 
33 ;  to  M.  Gibson,  on  missionary  pro- 
perty in  England,  21  Nov.,  1818. ..631, 
3,  655,  37;  670;  allowance  of,  to 
Georgetown  College,  1788. ..454,  675; 
to  Carroll,  on  applying  the  Jesuit 
estates  to  bishoprics  in  U.S.,  13  July, 
1805... 713,  714  ;  two  students  educated 
by,  for  Baltimore,  765  ;  and  the  Pope's 
vivae  vocis  oracula,  in  the  restoration 
of  S.J.,  817,  10,  839,  68;  v.  Vivae  vocis 
oracula;  Card.  Borgia,  on  status  of 
Jesuits  aggregated  to  S.J.  in  Russia, 
24  Feb.,  1804... 817, 10, 1151 ;  Gradwell 
on,  817,  10,  1110,  17;  Carroll  on  the 
College  of,  and  S.J.,  1809... 831 ;  attitude 
of,  towards  S.J.,  Carroll  on,  1787,  1814 
...677,  845,  83;  and  W.  V.  Harold, 
Philadelphia,  861 ;  authority  of,  over 
bishops  in  U.S.,  873,  874,  975,  12  ;  and 
the  case  of  Gallagher,  Charleston,  S.C., 
572,  50,  889 ;  895 ;  Marechal  on  mis- 
information of,  and  precipitancy  in 
making  decrees,  572,  50,  914,  915 ; 
Tristram  on,  and  Marechal,  18  May, 
1823... 934,^2;  978;  question  of  Jesuits 
as  missionaries  apostolic  of,  981,  31, 
1006 

And  the  powers  of  the  bishops  in 
Ireland  over  regulars,  985,  44;  992, 
993 ;  Instruction  of,  to  the  Nuncio  at 
Brussels,  Spinelli,  on  the  mission  of 
England,  18  Mar.,  1724... 998-1000; 
the  Vicars  Apostolic,  Benedictines, 
Jansenism,  998 ;  Giffard  and  the 
Carmelites,  998,  999 ;  the  secular 
clergy,  regulars  and  their  privileges, 
999,  1000 ;  report  to  the  General  S.J. 
of  Dubourg's  request,  2  June,  1821... 
1014,  1015;  1021,  1026,  1028;  Mare- 
chars  list  of  documents  submitted  to, 
1818-1821...  1049  ;  Grad well's  accounts 
of,  re  Marechal  and  the  Jesuits,  1821- 
1824... 1050-1054;  printed  briefs  sub- 
mitted to,  by  Fesch  for  Marechal, 
1822-1826 . . .  1088-1090 

Alms  of,  to  Marechal,  Aug.,  1825... 
532,  534,1087,1090, 1091 ;  to  Marechal, 
communicating  the  memorial,  Aug., 
1825,  submitted  by  Fortis,  3  Sept., 


PROPAGANDA  FIDE,  SACRED  CONGREGA- 
TION DE  (continued)— 
1825. ..534,  550,  36',  1088,  1090;  desti- 
nation of  funds  belonging  to,  1091 ; 
examples  of  appropriation,  1718-1722 
...1091,3;  Cardinals  appointed  by,  to 
confer  with  Fortis,  29  May,  1826... 
1091 ;  the  meeting,  29  May,  1826, 
Gradwell's  account,  1092-1094;  the 
General's  account,  and  the  settle- 
ment, 1094,  1095 ;  sanction  by,  of  the 
General's  settlement,  Aug.,  1826... 
531,  1097,  1098;  acknowledgment  of 
Marechal's  acceptance  received  by, 
Dec.,  1826.. .1096,  1098,  1099;  1138; 
correspondence  of,  with  Stone,  on 
Troy's  claims  to  Irish  mission  funds, 
1808,  1809. ..1151,  1152;  Brzozowski 
on,  and  the  difficulties  of  the  Pope, 
30  Oct.,  1807.. .1152,  5 

Decrees  :  on  a  secular  clergy  mission 
to  Maryland,  2  July,  1641... 182;  on 
ditto,  12  Nov.,  1641... 185  ;  on  a  mission 
to  Md.,  9  Sept.,  1670...  198;  on  bishops 
and  regulars  in  Ireland,  1743-1750... 
985,  44 ;  against  the  alienation  of  ex- 
Jesuit  property  in  England,  15  July, 
1786.. .645;  granting  Egan's  petition, 
for  a  province  O.S.F.  in  U.S.,  29  Sept., 
1804... 790,  791  ;  on  the  restoration  of 
S.J.  in  England,  1815-1827.. .  1111,  17, 
1141-1144;  on  nomination  to  bishoprics 
in  U.S.,  3  June,  1822. ..462,  2;  on 
missionaries  S.J.  in  the  diocese  of 
Baltimore,  3  June,  1822... 477,  480- 
482,  563,  1007,  1008  ;  on  arbitration  in 
Home  between  Marechal  and  S.J.,  3 
June,  1822. ..1060;  on  White  Marsh, 
1  July,  1822,  issued  in  a  Papal  brief, 
23  July,  1822... 476,  1065-1068;  v. 
Bulls  ;  on  lay  trustees,  27  July,  1822... 
463,  4 ;  reforming  previous  decree,  re 
White  Marsh,  26  July,  1824... 524,  5, 
528,  4,  1083 ;  making  new  provisions 
on  ditto,  14  Aug.,  1824.. .524,  5,  528,  4 ; 
inquiry  as  to  progress,  1  Aug.,  1825... 
1087 

V.  Antonelli,  Borgia,  Capellari, 
Consalvi,  Delia  Somaglia,  Di  Pietro, 
Fontana,  Gerdil,  Litta,  Sacripante, 
prefects  of  Propaganda :  Caprano, 
Castracane,  Mai,  Pedicini,  secretaries 
Propagation  of  the  Faith,  Association  of, 
Lyons,  598,  1133,  1134;  J.  England's 
account  to,  of  property  S.J.  in  Md., 
1824... 1134,  5 

Property  S.J.,  in  Md.,  Pa.,  N.Y.,  Va. : 
assignments  by  members  S.J.  to  Md., 
56,  224,  238;  to  Pa.,  93,  258;  to  the 
Provincial,  for  uses  not  predetermined, 
64,  236,  237;  and  civil  rights  of 
ecclesiastics,  Lewger's  twenty  cases  on, 
1 638...  158-161 ;  in  new  Conditions  of 
Plantation,  regarding  ecclesiastics, 
1641. ..162  ;  in  Cecil,  Lord  Baltimore's 


INDEX 


1209 


PROPEBTY  S.J.  (continued)— 
four  Points,  1641... 166-168  ;  colonial 
circumstances  regarding,  Knott  on, 
1641...  168-171;  acquired  by  Jesuits, 
and  therefore  ecclesiastical,  171;  seized 
by  Baltimore,  180;  civic  rights  to,  dis- 
allowed by  the  same,  190-196 ;  v. 
Ecclesiastical  tenure 

In  Maryland  and  Pennsylvania, 
estates,  grants,  conveyances,  assign- 
ments, devises,  201-352 ;  v.  Pennsyl- 
vania ;  in  New  York,  357,  897  ;  v.  New 
York  mission ;  in  Virginia,  734,  915 ; 
1042,  1043 

St.  Inigoes,  St.  Thomas's  Manors, 
Newtown,  Bohemia,  purchased  for  a 
valuable  consideration,  211 ;  trans- 
mission of,  from  one  member  S.J.  to 
another,  211 ;  v.  Bonds,  Wills ;  be- 
quests of,  to  S.J.,  1635-1693... 218-220  ; 
abstract  of,  on  Western  Shore,  Md., 
1726.. .232,  233;  on  Eastern  Shore, 
1727... 233;  limitations  in  the  use  of, 
240,  421,  27,  442,  30 ;  Carroll  on  titles 
of,  in  Pennsylvania,  242-245 ;  object 
of  acquiring,  243,  245  ;  Marechal  on 
same,  246 ;  juridical  basis  of  right  to, 
247,  248 ;  with  exemption  from  juris- 
diction of  Ordinaries,  248 

Assignments  of,  by  W;  Hunter  and 
Richard  Molyneux,  in  times  of  danger, 
1717,  1746. ..222,  223,  279,  280;  escheat 
of,  under  Thorold's  will ;  v.  Escheat, 
Thorold ;  general  statement  of  the 
Corporation  of  R.C.  Clergymen,  as  to 
the  origin  and  tenure  of,  307, 308,  420 ; 
concordat  of  Corbie  and  Hunter  con- 
cerning, 1759... 308,  309;  v.  Ashton, 
Strickland ;  required  to  maintain  all 
missions  without  drawing  on  congre- 
gations, 312,  337,  352;  G.  Hunter's 
report  on,  1765... 335-338,  351,  352;  v. 
Slaves ;  missionary  stations  mutually 
assisted,  240,  336,  337;  v.  Frederick, 
St.  Joseph's  Talbot  Co. ;  partial  index 
of,  338-340 ;  Marechal  and  Carroll  on 
the  preservation  and  use  of,  340,  341 ; 
devises  of,  by  wills,  344-351 

Loss  of,  by  erosion,  215,  216  ;  by  de- 
terioration, 353  ;  v.  Erntzen  ;  liquida- 
tion of,  in  Pa.  and  N.Y.,  1820,  1821... 
356-358  ;  De  Earth  on  the  economy 
of  the  ancient  Jesuits,  358;  in  Md., 
Pa.,  N.Y.,  Marshall's  statements  on, 
1821,  1824.. .361,  362;  v.  Marshall; 
Carroll  on  the  preservation  of,  by 
means  of  incorporation,  and  on  the 
reversion  to  S.J.,  1813,  1815.. .367,  374, 
376 ;  number,  extent,  and  yield  of 
plantations  and  farms,  1824-1830... 
378-381 

Claims  of  Marechal  to ;  v.  Fortis, 
Marechal,  Neale,  C. ;  a  reason  for  in- 
corporation, 413,  15 ;  amount  of  con- 
tributions from,  to  Georgetown  College, 

VOL.  I. 


1  PROPERTY  S.J.  (continued)— 

1817.. .437,  12;  expenditures  met  by 
the  proceeds  of,  Fortis  and  Marechal 
on, 437,  438, 453-455  ;  the  General  S.J. 
and  the  question  of  pensions  for  tuition, 
stipends,  salaries,  1822,  1823... 457,  29, 
546,  30,  547,  31,  1080 ;  lists  of,  and 
extent  of  estates  S.J.,  presented  by 
Marechal  to  the  Propaganda,  15  Jan., 
1826... 442,  28,  539-542,  551 ;  value  of, 
per  acre,  1765-1824... 543,  26 

Continuing  the  antecedent  use  of, 
Carroll  on,  after  the  suppression  S.J., 
1782,  1787... 609-616,  674;  v.  Carroll, 
Society  of  Jesus ;  alienation  of ;  v. 
Ecclesiastical  tenure ;  use  of,  proposed 
by  the  Select  Body  of  Clergy,  625-629 ; 
reversion  of,  from  the  Select  Body  to 
S.J.  when  re-established,  628,  672, 
676,  678,  679,  724,  3 ;  v.  Ex-Jesuits 
American,  Strickland ;  action  taken  to 
incorporate,  1786,  1789... 667,  696,  697; 
circular  of  Carroll  and  others  on  the 
present  use  of,  1787... 675-679;  seclu- 
sion of  episcopal  interference  with, 
679,  708 

Carroll's  declaration  regarding,  and 
the  see  of  Baltimore,  26  May,  1790... 
699 ;  v.  Ashton,  Bulls,  Carroll,  Mare- 
chal ;  administration  of ;  v.  Proceed- 
ings;  proposal  to  found  bishoprics  in 
U.S.  with,  1805.. .713,  714;  incorpo- 
rated by  acts  of  Assembly,  Md.,  1792, 
1806... 722-730;  v.  Assembly  of  Md., 
Corporation ;  exchange  of,  comprised 
under  the  charter  of  1792... 724,  3,  844, 
81,  920 

List  and  extent  of  estates,  in  G. 
Hunter's  wills,  1769,  1778,  and  iu  the 
declarations  of  trust,  1793... 732-736  ; 
v.  Declarations  of  trust ;  in  Pennsyl- 
vania, attempt  at  incorporation,  1798 
...753,  754,  29,  897,  6' ;  partly  used  iu 
the  establishment  of  Georgetown  Col- 
lege, Carroll  on,  814 ;  Carroll  and 
L.  Neale  to  the  General  S.J.  on,  25 
May,  1803. ..818,  819;  link  of  succes- 
sion to,  at  the  revival  S.J.,  1814. ..823  ; 
the  Corporation's  administration  of, 
pro  formd,  1805-1808... 825-828;  sales 
of,  ordered,  1806... 826;  Carroll  and 
Egan  on  the  rights  of  S.J.  to  its 
premises,  1812... 835;  Carroll  on  the 
reversion  of,  to  S.J.,  1815... 375,  852-855 

Keuney  on  the  preservation  and 
administration  of,  Apr.,  1820... 896,  898 ; 
review  by  C.  Neale  and  B.  Fenwick  of, 
titles,  uses,  debts,  income,  1822. ..915- 
917  ;  and  the  effects  of  suppression  at 
the  restoration  S.J.,  509,  510,  938-940, 
1049,  1050,  1155-1157;  the  ecclesi- 
astical and  civil  character  of,  489,  7, 
1031-1041;  unprofitable,  1835. ..1119; 
claimed  by  Whitneld,  1830.. . 1134 ;  J. 
England's  account  of,  1824. ..1134,  5; 

4  i 


1210 


INDEX 


PROPERTY  S.J.  (continued) — 

and   parishes,  Kohlinann   on,    1817... 

1135,  9 

In  Missouri;  v.  Missouri  mission 
Protector  of  the  Maryland  mission  S.J., 

Card.  F.  Barberini,  27,  178 
Protestant    Church,    beneficiary    under 

wills  in  Md.,  1635-1685... 218  ;  ministers 

of,    in   Md.,   1650,   1784. ..39,   330;    v. 

Anglican  Church 
Pulton,  Thomas,   S.J.,  74,  238,  256,  280, 

309 ;    devise   of  land  to,   and   will  of, 

348, 349 

Purviance,  Mr.,  lawyer,  318,  923 
Pye's  Chance,  273 


Q-UAKERS,  legacies  of,  218 

Quantico,  Md.,  228,  229 

Quebec,  584-590,  592-594,  938 

Queen  Anne's  Co.,  219,  220,  254,  259-261 

Queen  Anne's  town,  Prince  George's  Co., 

250,  260,  24 
Queen's  town,  or  Tuckahoe,  Talbot  Co., 

B.S.,  Md. ;  v.  St.  Joseph's  ;  326 
Quinby,  John,  260,  261 
Quin,  James,  S.J.,  254,  255,  270,  727 


R 


RABNETT,  FRANCIS,  213 

Rantzau,  Maximilian,  S.J.,  551,  559,  834, 
835,59,847,853,  866,  144,  941,  .f,  942, 
980,  984,  985,  989,  990 

Raynal,  Rev.,  609 

Redman,  Rev.,  184 

Redmond,  James,  S.J.,  395, 24  ;  admitted 
into  the  Select  "Body,  17  May,  1813... 
877 

Reeve,  Joseph,  S.J.,  on  the  constitution 
S.J.,  614,  8;  on  the  transfer  of  Church 
property,  648,  23 

Reeves,  Hezekiah,  272 

Reeves,  James,  273,  274 

Reeves,  Thomas,  272,  273 

Reeves,  Thomas  C.,  272,  273,  1043,  6 

Reeves'  land,  St.  Thomas's  Manor,  pur- 
chased twice,  272 

Regular  Orders ;  v.  Orders 

Rehobeth,  E.S.,Md.,  205 

Reigneen,  Jacob,  288,  289 

Representatives  of  the  Select  Body  of 
Clergy,  317,  38,  614,  738,  784  ;  v.  Ex- 
Jesuits  American,  Proceedings 

Rese,  Frederick,  Bislwp  of  Detroit,  595 ; 
bull  of,  for  Detroit,  8  Mar.,  1833... 699, 
1;  1053 

Retz,  Francis,  General  S.J.,  letters  of, 
1731-1744,  to  TurberviUe,  71,  72; 
R.  Richardson,  72,  73  ;  P.  Carteret,  72, 
73 ;  L.  Browne,  73-80 ;  Boult,  77,  78, 
80-82,  83,  84;  Wiseman,  SO;  Shire- 


burn,  82,  83,  86-93,  258;  C.  Roels, 
84-86,  88-90 ;  J.  Lancaster,  91,  92 ; 
W.  Gillibrand,  236,  237 ;  on  S.J.  and 
property  falling  to  the  professed,  85-92 

Revolution,  French,  262,  866,  144 

Revolution,  Orange,  56 ;  effects  of,  in 
New  York,  140 

Reynolds,  John,  210,  283 
i   Rhine,  Upper  and  Lower,  provinces  S.J., 

81,  82 
j   Rich  ;  v.  Diderick,  B. 

Richard,  Gabriel,  S.S.,  526,  592,  746,  764 

Richard,  O.C.,  183 

Richardot,  D.,  S.J.,  Provincial  of  France, 
to  the  General,  on  the  opposition  of 
Fesch,  and  other  French  bishops,  to 
S.J.,  5  Aug.,  1822...  1055,  1056 

Richardson,  Richard,  Provincial  S.J.,  72, 
73  ;  v.  Retz 

Richardson,  William,  251 

Richmond,  diocese  of,  446,  856,  1001, 
1002,  9,  1003,  14 ;  r.  Virginia 

Riddell,  William,  S.J.,  60 

Ridgeleys  and  Tylers  Chance,  White 
Marsh,  250,  733 

Rigbie,  Roger,  S.J.,  27,  122,  123 

Rivers,  Anthony,  S.J.,  1 

Roan,  Rei\,  690,  8 

Robert,  Edward,  328 

Roe,  Matthias,  donation  of,  to  R.C. 
church,  Lancaster,  Pa.,  348,349 

Roels,  Benjamin  L.,  S.J.,  and  the  sup- 
pression S.J.,  1773... 607;  and  aggre- 
gation to  S.J.  in  Russia,  25  Apr.,  1788 
...673,683,684;  720 

Roels,  Charles,  S.J.,  84-86,  88-90,  92;  v. 
Retz 

Rogers,  Edward,  331 

Rogers,  Francis,  S.J.,  212,  213 

Rogers,  student,  437,  IS 

Roloff,  Rev.,  942 

Roman  Catholic  Church,  passim;  bene- 
ficiary under  wills  in  Maryland,  1635- 
1685. ..218  ;  G.  Hunter's  petition  to 
Assembly  of  Md.,  on  behalf  of  property 
held  in  the  right  of,  1771...  281, 
282 ;  and  mortmain  in  the  State  of 
Md.,  396,  28;  and  religious  liberty  in 
U.S.,  624, 5 ;  and  the  political  situation, 
the  Carroll-Antonelli  correspondence 
on,  1785-1788. ..634-637;  Select  Body 
of  Clergy  and  the  Assembly  of  Md. ;  v. 
Corporation,  Ex-Jesuits  American, 
Mortmain 

Roman  College  S.J.,  and  the  scholastic 
students  of  the  Md.  mission  S.J.,  548, 
549,  35 ;  v.  Md.-Pa.  mission ;  the 
restoration  of,  to  S.J.,  Carroll  on,  849; 
promised  by  Pius  VII.,  7  Aug.,  1814... 
939,  31;  Gradwell  on  ditto,  1824.. 
1053;  restoration  effectuated,  1824... 
1080,  1083,  1085,  13  ;  Gradwell  on  ex- 
propriating the  funds  of,  for  Marechal, 
1825.. .557,  46,  1084,  1085;  Marechal 
on  ditto,  1825,  1826... 557,  1085,  1086; 


INDEX 


1211 


meaning    of    the    project,    1085,    13 ; 
1091 
Rome,  335 ;  re-establishment  of  S.J.  at, 

1814... 849;  854 
Rookesby,  O.S.B.,  998 
Roothaan,  John,  General  S.J.,  to  Dzie- 
rozynski,  on  the  privileges  S.J.,  30  Jan., 
1830... 513,  3  ;  answers  of,  on  the  Pro- 
vincial Council  Bo.,  and  property  S.J., 
1831,  .  515,  516;  v.  Councils;  533,  2; 
encyclical  of,  on  circumspection  in  the 
conduct  of  affairs,  29  Jan.,  1845. ..919, 
•M ;  1116,  1117 ;  to  a  Cardinal,  on  the 
Eccleston  claims,  1835.. .1118,  1119; 
the  condition  of  the  Md.-Pa.  mission, 
1119  ;  to  McSherry  and  Eccleston,  on 
the  settlement  to  be  made,  7  July,  1835 
...1119,  1120,  1123;  to  Mulledy  and 
Vespre,  1838,  1839,  on  ditto,  1122; 
1134 

Rosati,  Joseph,  C.M.,  Bislwpof  St.  Louis, 
1009 ;  to  his  Prior,  Rome,  on  the  mis- 
sions of  the  Missouri  and  Mississippi, 
Lazarists  and  Jesuits,  6  May,  1823... 
1018 ;  on  the  Government  subsidy  for 
the  Indian  missions,  1018 ;  nomination 
of,  by  Marechal,  for  New  Orleans, 
Alabama,  and  the  Floridas,  1019,  8, 
1052;  for  St.  Louis,  1823. ..1020;  ap- 
pointment of,  as  coadjutor  to  Dubourg, 
1823... 1026, 1027, 1052  ;  to  the  General, 
on  the  Indian  missions,  and  the 
establishment  at  St.  Louis,  22  June, 
1824.. .1027;  Van  Quickenborne,  Vicar 
General  of,  for  Upper  Louisiana,  28 
Dec.,  1824. ..1027;  Van  Quickenborne 
on,  1824,  1830... 1027, 1028 
Rosetti,  Belgian  Nuncio,  119  ;  Knott  to, 
17  Nov.,  1641. ..165,  166;  Knott's 
Observations  to,  on  Cecil,  Lord  Balti- 
more's four  Points,  1641... 168-172; 
180 ;  papers  of,  on  the  affairs  of  Mary- 
land, and  a  secular  clergy  mission, 
1641,  1642...  181-187;  to  Card.  Bar- 
beriui,  182,  183,  187 ;  Gage  on,  1642... 
187-189 

Rosseter,  John,  Rev.,  and  the  use  of  ex- 
Jesuit  property  in  Philadelphia,  1802... 
242-245;  at  West  Chester,  Pa.,  334; 
379,  800;  investment  of,  and  life 
annuity  from  the  Corporation,  1806... 
869,  871 

Rozaven,  John,  S.J.,  Assistant  of  the 
General  S.J.,  to  Fesch,  critique  on 
Marcchal's  controversial  papers,  re 
Jesuit  property,  18  May,  1822... 469- 
472 ;  473 ;  agent  of  the  Paccanarists, 
1800... 813-815;  v.  Paccanarists;  to 
Grivol,  on  Dubourg's  request  for  mis- 
sionaries S.J.,  25  Aug.,  1816.. .1009 ;  on 
Inglesi,  Dubourg's  agent,  May,  1821.. 
1014  ;  on  Inglesi,  Barat,  and  a  Jesuit 
bishop  for  America,  30  May,  1821... 
1014  ;  to  Grivel  and  Gury,  on  Marechal 
and  Fesch,  25  May,  3  July,  1822... 1055 


Rozer,  Benjamin,  Colonel,  204,  205,  221 

Rozer,  Notley,  204,  221 

Ruisdau,  If?-.,  904 

Rumsey,  William,  surveyor,  282,  286 

Russell,  Nicholas,  213 

Russia,  366, 375, 682  ;  preservation  of  S.J. 
in ;  v.  Brzozowski,  Gruber,  Society  of 
Jesus  ;  aggregation  to  S.J.  in,  683-685, 
1150 ;  853 ;  Dzierozyuski  on  ecclesi- 
astical property  in,  908 ;  catalogue  of 
province  S.J.  in,  1819... 447, 57,960, 963 ; 
the  Imperial  Government  of,  and  the 
Grassi  mission  to  China,  981,  31,  1006, 
25  ;  the  Government  of,  and  S.J.,  1817 
...1012;  novitiate  S.J.  in,  beneficiary 
under  J.  Fullam's  will,  1793... 1149, 
1151 

Ryan,  Martin,  S.J.,  1150 

Ryan,  Rev.,  965 

Ryan,  P.  J.,  Arclibishop  of  Philadelphia, 
262 

Ryder,  James,  Provincial  S.J.,  Md.,  311, 
475, 14, 525, 8,598, 1133 ;  to  the  General, 
on  opponents  of  S.J.  in  Md.,  18  Feb., 
1830.. .1133,  4 


ST.  ANDREW'S  novitiate,  Rome,  849 

St.  Andrew's  Forest,  Md.,  381,  19 

St.  Augustine's  Creek,  210,  223,  283,  284 

St.  Catherine's  Island,  Potomac,  103 

St.  Cecilia's  Island,  Potomac,  103 

St.  Christopher,  island,  mission  S.J.  in, 

1650... 37;  99,  101 
St.  Clement's  Bay,  215,  217 
St.  Clement's  Island,  Potomac,  102-104 
St.  Francis  Borgia's  mission ;  v.  White 

Marsh 
St.  Francis  Regis'  mission  ;  v.  Conewago, 

Pa. 

St.  Genevieve,  Perry  Co.,  Mo.,  1018,  1027 

St.  George's  Island,  St.  Mary's  Co.,  Md., 

title  of  S.J.   to,  201,   202,  232,   269; 

Marechal   on   the  extent  of,  540 ;  on 

gift  of,  to  the  Bishop  of  Boston,  547, 

1094;  733;  to  be  sold,  1818... 893 ;  1043 

St.  George's  River,  104,  232  ;  v.  St.  Mary's 

River 

St.  Giles  in  the  Fields,  London,  259 
St.  Gregory's  River ;  v.  Potomac 
St.  Ignatius'  Manor,  or  St.  Inigo's,  Bohe- 
mia, E.S.,  Md.,  208,  223,  282,  286, 1042 
St.  Ignatius'  mission  ;  v.  Portobacco,  St. 

Thomas's  Manor 
St.  Inigoes  Creek,  214 
St.  Inigoes  Manor,  grants,  conveyances, 
201-203,  207,   215,   216;    assigned  by 
Copley  to  C.  Fenwick,  217  ;  218,  232  ; 
contributions  from,  to  the  mission  in 
general,  241;  269,270,293;  G.  Hunter's 
report  on,  1765.. .335,   336;   345,  372, 
376  ;  extent  and  yield  of,  1824-1830. . . 
379,  380 ;  Marechal  on  extent  of,  540, 


1212 


INDEX 


551 ;  612,  694  ;  administration  of ;  v. 
Proceedings ;  and  Marechal's  claims, 
719 ;  733 ;  the  novitiate  moved  to  and 
from,  1812,  1813.. .837,  64,  840,  841, 
876,  877  ;  appropriated  to  Georgetown 
College,  1806-1813... 840-842,  76,  870; 
Carroll  to  C.  Neale,  on  missionary  pro- 
posals regarding,  4  Jan. ,  1811. .  .872, 873 ; 
Rantzau  at,  1811... 984,  JO;  Marechal's 
diary  on,  1824... 1043;  1121 

St.  Inigoes  Neck,  201,  3,  218 

St.  John  Nepomucene's  mission ;  v. 
Lancaster,  Pa. 

St.  Joseph's  mission,  Deer  Creek ;  r. 
Deer  Creek 

St.  Joseph's,  Talbot  Co.,  E.S.,  Md.,  240, 
277,  293 ;  originally  called  St.  Mary's 
mission,  otherwise  Queen's  town,  or 
Tuckahoe,  328 ;  settlement  of,  by 
Mosley,  1764... 328-332;  description  by 
Mosley  of  missionary  life  at,  329,  330  ; 
contributions  to,  from  other  missions, 
329,  331,  332 ;  stations  attended  from, 
329 ;  Carroll  on  the  accommodations 
at,  330 ;  items  of  outlay  in  settling, 
331,  332  ;  held  in  trust  by  Walton,  and 
from  Lewis  by  Robert  Molyneux,  333, 
344,  734,  736  ;  v.  Declarations  of  trust, 
Wills;  G.  Hunter's  report  on,  1765... 
336;  extent  and  yield  of,  1824-1830... 
379,  381 ;  Marechal  on  extent  of,  540, 
542 ;  612,  733,  736 ;  use  of,  by  secular 
clergy,  916 ;  1121 

St.  Joseph's  church,  Philadelphia,  344, 
351,  356-358,  359,  363,  364,  876,  26  \  v. 
Conwell,  Egan,  Philadelphia 

St.  Leger,  Robert,  S.J.,  destined  for 
Georgetown,  865,  142 

St.  Louis,  Mo.,  570,  1012;  Dubourg's 
offers  for  an  establishment  S.J.  at, 
1823...  1026;  Rosati  to  the  General,  on 
ditto,  1824... 1027;  1136,  1138;  v.  Mis- 
souri mission 

Sta.  Luoia,  101 

St.  Maries  Hill,  201,  3,  214,  218 

St.  Mary's  church,  Philadelphia,  242, 
344 ;  validity  of  title  S.J.  to,  and 
security  from  lay  trustees,  1821... 359, 
363,  413, 15  ;  ownership  of,  resigned  by 
F.  Neale  to  Conwell,  1825... 363,  364 ; 
incorporation  of,  1788... 365 

St.  Mary's  City,  104,  118,  120,  122,  140, 
257, 1043  ;  v.  Chapel  land,  St.  Inigoes 
Neck,  St.  Maries  Hill 

St.  Mary's  Co.,  Md.,  207-328,  passim; 
Marechal's  pastoral  to  the  Catholics  in, 
14  Dec.,  1820.. .246,  492 

St.  Mary's  College,  Bo. ;  v.  Sulpicians 

St.  Mary's  mission,  Md.,  or  Queen's 
town,  or  Tuckahoe ;  v.  St.  Joseph's 
Talbot  Co. 

St.  Mary's  mission,  Pa. ;  v.  Philadelphia 

St.  Mary's  River,  232,  380,  19;  v.  St. 
George's  River 

St.  Mary's  River  fort,  126 


St.  Mary's  Seminary,  Bo.  ;  v.  Sulpicians 

St.  Mary's  Seminary,  St.  Genevieve,  Mo., 
1027  ;  v.  St.  Genevieve 

St.  Mary's  town  land,  title  of  S.J.  to, 
201 ;  Chapel  land,  St.  Inigoes  Neck, 
St.  Maries  Hill,  201,3;  202;  title  of, 
contested  by  Mr.  Sewall,  203,  6 ;  214, 
215,  218,  232,  233  ;  v.  Chapel  land 

St.  Omer's  College,  French  Flanders,  61, 
62,  80,  135 ;  students  from  Maryland 
at,  1681. ..137;  218,  252,  253,  257; 
transferred  ;  v.  Bruges,  Liege 

St.  Patrick's  church,  Washington,  D.C. ; 
v.  Washington 

St.  Paul's  mission  ;  v.  Goshenhoppen,  Pa. 

St.  Peter's  church,  Bo. ;  v.  Baltimore  city 

St.  Peter's  church,  D.C. ;  v.  Washington 

St.  Petersburg,  816,  817,  6 

St.  Sophia,  322 

St.  Stanislaus'  chapel,  Rome,  849 

St.  Stanislaus'  mission  ;  v.  Frederick 

St.  Thomas's  Manor ;  v.  Portobacco ; 
grants,  conveyances,  203-207,  215 ; 
assigned  by  Copley  to  T.  Matthews, 
217;  additions  to,  221,  222,  271,  273; 
231,  232 ;  contributions  from,  to  the 
mission  in  general,  241,  242 ;  270 ; 
272-274,  279,  281,  293  ;  deeds  at,  298, 
643,  667;  G.  Hunter's  report  on, 
1765...  336;  condition  of  farm  at, 
1824. ..362;  372;  extent  and  yield  of, 
1824-1830. ..379,  380;  Marechal  on 
extent  of,  541,  551 ;  694 ;  administra- 
tion of ;  v.  Proceedings ;  733 ;  St. 
Ignatius'  church  begun  at,  31  July, 
1798... 775;  F.  Angier,  0.  P.,  Zacchiah, 
maintained  by,  1816... 887;  condition 
of,  1820... 898;  C.  Neale  succeeded  by 
F.  Neale  at,  22  Aug.,  1820. ..362,  902, 
903;  1121 

St.  Thomasses,  Charles  Co.,  380,  19 

St.  Xaverius ;  v.  Bohemia 

St.  Xaverius'  mission ;  v.  Newtown 

Sabran,  Louis,  Visitor  S.J.,  England,  62, 
63 ;  v.  Tamburini 

Sacchi,  Philip  B.,  S.J.,  551 

Sacred  Heart  nuns,  Dubourg  on,  1819... 
1013, 5 ;  at  Florissant,  Mo.,  1027,  1136  ; 
1138 

Sacripante,  Cardinal,  Prefect  of  Propa- 
ganda, Instruction  to  Spinelli,  18  Mar., 
1724... 998-1000 

Sadlair,  Provincial's  office,  London,  263 

Salisbury  Court,  10 

Sanders,  John,  213 

Sangrius,  Charles,  Vicar  S.J.,  to  Knott, 
1644,  1645. ..32,  33 

Sankey  [Starkey],  Lawrence,  S.J.,  40- 
42 ;  v.  Nickel 

Sannen,  Germain,  S.J.,  536,  537,  6 

Sappinton,  Nathaniel,  283 

Sardagna,  863 

Sartori,  Mr.,  853 

Savona,  823,  980,  28 

Sayer,  Colonel,  208 


INDEX 


1213 


Schinellen,  Elizabeth,  289 

Schneider,  Theodore,  S.J.,  81,  82,  259, 
280,  342 

Scholes,  England,  651 

School  in  Maryland ;  v.  Md.-Pa.  mission 

Scilly  Isles,  95 

Scotch  mission  S.J.,  legal  difficulties 
regarding  the  property  of,  1807.. .1152, 
5 ;  funds  of,  during  the  suppression 
S.J.,  1153,  1154 ;  Stone  to  the  Propa- 
ganda on  the  recovery  of  same,  181(J... 
1154  ;  members  of,  and  the  college  at 
Dinant,  1773,  1774. ..1154 

Scotch  priests,  the  Propaganda  on,  and 

^  the  English  mission,  1724... 999 

Scotch  Vicars  Apostolic,  subsidies  from 
the  Propaganda  to,  1719-1722... 1091, 
3  ;  1152,  5 ;  and  the  Scotch  ex-Jesuits, 
1154 

Scott,  Edward,  S.J.,  360,  572,  574,  1140 

Scott,  John,  lawyer,  491,  8.  554,  42,  556, 
1079 

Scott,  J.,  287 

Secular  clergy  mission  to  Maryland,  1641 
...26;  faculties  to  be  obtained  by  the 
General  S.J.  for,  Nov.,  1642... 27; 
Indian  faculties  sent  for,  at  the  instance 
of  Lord  Baltimore,  1641. ..165,  180, 
182  ;  v.  Baltimore  Cecil ;  Baltimore's 
recourse  to  the  Propaganda  on  behalf 
of,  180;  petition  to  said  effect,  181, 
182 ;  English  faculties  of,  187  ;  G. 
Gage  on,  and  faculties,  Indian  and 
English,  21  July,  1G42... 188-190 ; 
Baltimore's  renewed  demands  for,  IGG'J 
...197,  198;  v.  Clergy 

Sedgrave,  Eobert,  213 

Select  Body  of  Clergy ;  v.  Ex-Jesuits 
American 

Seminary,  Catholic,  at  Washington, 
D.C.,  357,  438;  Marechal  on  the  origin 
of,  455-458;  Kohlmann  and  the 
General  on  means  of  support  for,  1821, 
1822.. .457,  29;  debt  of,  1824.. .535,  3; 
founded  by  a  legacy  of  Divoff ,  538,  8 ; 
539,  11 ;  origin  of,  for  a  novitiate ;  v. 
Novitiate,  Washington 

Semmes,  Eleanor  ;  v.  Adams,  E. 

Semmes,  Eleanor,  924 

Semmes,  Ignatius,  924 

Semmes,  Joseph,  S.J.,  patrimony  of,  as 
a  priest,  disputed,  1770... 263-265 ; 
Ashton  and  property  left  by,  1813... 
265,  716  ;  672,  712,  32,  716  ;  will  of,  in 
favour  of  Stone,  716 

Semmes,  Joseph  Milburn,  will  of,  1763 
...263  ;  269 

Semmes,  Marmaduke,  257 

Semmes,  Martha,  264 

Semmes,  Mary,  924 

Semmes,  Mary  Ann,  264 

Semmes,  Mr.,  1815... 948 

Semmes,  Mr.,  1720... 274 

Semmes,  Sarah,  924 

Semmes,  Teresa,  264 


Semmes,  Thomas,  264,  265 

Seth,  Charles,  331 

Seton,  Mrs.,  Carroll  on,  1808... 800 

Severoli,  A.  G.,  Nuncio  at  Vienna,  and 
Cardinal,  rescript  of,  on  the  status  of 
Jesuits,  24  Dec.,  1813  ..512,  513,  843, 
844,  975,  11 ;  519,  520  ;  issued  by  order, 
10  Nov.,  1813,  of  Pius  VII.,  843,  79 ; 
Gradwell's  account  of,  1824. ..843,  79, 
1110,  17  ;  communicated  by  Carroll  to 
Grassi,  14  Oct.,  1814.. .513,  2,  843,  79  ; 
Card.  Pacca  to  Severoli  on  the  re- 
script, 16  July,  1  Sept.,  1814.. .843,  79; 
to  Pacca,  1  Aug.,  1814. ..843,  79;  845, 
83,  851,  9S,  864,  975,  12,  1083 

Seville,  college  at,  6;  147,  148 

Sewall,  Charles,  S.J.  ;  v.  Proceedings  ; 
278,  290 ;  purchase  of  property  by,  at 
Carlisle,  Pa.,  1779.. .345,  349;  will  of, 
345,  346  ;  394,  23,  660,  51,  720,  769  ;  to 
N.  'Sewall,  on  the  revival  of  S.J.,  its 
property  in  U.S.,  and  Georgetown 
College,  29  July,  1803... 798,  799,  819, 
820,  926,  2;  and  the  Paccanarists, 
1800... 814,  815;  and  aggregation  to 
S.J.  in  Russia,  30  Aug.,  1802,  25  Apr., 
29  July,  1803... 815,  816,  820;  names 
of  American  candidates  for  S.J.,  1803 
...820;  822,  827 

Sewall,  Mr.,  arid  the  title  to  St.  Mary's 
city  property  S.J.,  203,  G 

Sewall,  Nicholas,  Provincial  S.J.,  716, 
41,  722,  5,  798;  to  Stone,  21  Oct., 
1803.. .819;  to  Grassi,  1814... 846,  948; 
to  Strickland,  on  R.  Plowden,  25  Apr., 
1801. ..851,  98;  864,  1071,  1082,  5;  to 
Scott,  on  finding  an  asylum  in  America 
for  English  Jesuits,  7  July,  1823... 
1139,  1140 

Shares,  French,  East  India  and  Russian ; 
v.  James,  Sir  John 

Sharrock,  Gregory  B.,  O.S.B.,  V.A., 
Western  district,  England,  649 

Shatto,  Mr.,  349 

Shea,  J.  G.,  330,  434,  1,  597,  3,  931 ;  to 
Morgan,  on  the  Carroll-Molyneux 
agreement,  1805,  and  Marechal,  1888, 
1889... 933-937 ;  history  of,  and  the 
Marechal  controversy,  933,  934,  936- 
938,  1067,  5,  1089,  1 

Shea,  Thomas,  devise  at  Deer  Creek,  and 
life  annuity  of,  265-267,  288-290,  292, 
306,  307,  313,  904 ;  v.  Deer  Creek 

Sheffield,  England,  255 

Sheldon,  Henry,  S.J.,  72 

Shepheard,  Elizabeth  ;  v.  White,  Mrs. 

Sherborne,  Thomas,  S.J.,  134 

Sherkley,  Thomas,  274 

Sherkley,  William,  274 

Sherley,  Robert,  213 

Shervin,  Mr.,  274 

Shireburn,  Charles,  Provincial  S.J".,  82, 
83,  86-93,  235;  v.  Retz;  342-344;  v. 
Neale,  H. 

Shrewsbury,  13th  Earl  of ;  v.  Talbot,  G. 


1214 


INDEX 


Sicily,  147 

Siddle,  Charles,  S.J.,  72 

Sidmoutb,  Lord,  Home  Secretary,  1049 ; 
Poynter's  transactions  with,  on  the 
restoration  of  S.J.  in  England,  1820... 
1141-1145,  1148 

Silesdon,  Henry,  Provincial  S.J.,  34-37  ; 
v.  Carrafa  ;  37  ;  v.  Piccolomini ;  38 

Silvius,  Dr.  Francis,  and  case  of  con- 
science on  the  acquisition  of  Indian 
lands  by  ecclesiastics,  1641... 172-178 

Simeon,  Joseph,  Provincial  S.J.,  47,  48  ; 
v.  Oliva ;  127,  132,  133  ;  to  Oliva,  on 
G.  Pole,  28  Feb.,  1670...132,  133 

Simms,  Alexander,  209 

Simms,  John,  209,  234 

Simms  Prime  Choice,  Bohemia,  209,  210, 
224,  233, 234 

Simpson,  Robert,  213 

Sineo,  Joseph,  S.J.,  Provincial  of  Italy, 
894,  51 

Sittensperger,  Matthias,  S.J. ;  v.  Manners 

Slaves,  sale  of,  by  G.  Attwood  to  T. 
Attwood,  228,  229 ;  family  of,  at  White 
Marsh,  230-232;  286;  contributed  by 
other  missionary  stations  to  St. 
Joseph's,  Talbot  Co.,  329,  331 ; 
numbers  and  categories  of,  on  the 
plantations,  Md.,  1765.. .335-338,  352, 
544,  27;  family  of,  at  St.  Thomas's 
Manor,  expenses,  losses  by,  and  moral 
care  of,  1825 -1827... 382-384  ;  Marechal 
on  number  and  value  of,  possessed  by 
S.J.  in  Md.,  544 ;  Kohlmanu  and 
Marshall  on,  545,  29;  Marechal's 
sales  and  purchases  of,  at  Bohemia, 
1794,  1795... 544,  27,  748-750;  Carroll 
on  sales  of,  707,  9 ;  for  a  term  of  years, 
at  Bohemia,  811 ;  for  life,  at  White 
Marsh,  812;  813,  13,  858,  123;  to  be 
sold  from  the  estates  S.J.,  1814... 879, 
880;  892,  898,  899,  12;  transfer  of, 
from  Maryland  to  Missouri,  1823... 
521,  10,  1024,  1025  ;  1035  ;  burden  of, 
on  the  Md.-Pa.  mission,  1835.. .1119; 
sold  for  Louisiana,  1835... 1121,  4; 
Eccleston  on  selling,  1837...  1121 ;  sold 
to  Senator  Johnson,  Louisiana,  1838... 
1122 

Smith  [Bettam],  John,  213 
Smith,  Captain,  145,  146 
Smith,  Frances,  229 

Smith,  John,  S.J.,  475, 14,  551;  and  the 
case  of  Frederick,  1823.. .560,  561 ;  and 
faculties  from  Marechal,  562,  563 
Smith,  Joseph,   to  F.   Neale,  on  Lilly's 
offer  at  Frederick,  30  Aug.,  1810... 313 
Smith,  Mr.,  274 

Smith,  Mr.,  Propaganda  student,  765 
Smith,  Pdchard,   Bishop  of  Chalccdon, 
claims  of ,  to  authority  as  Ordinary  of 
England,  8-10  ;  187-190  ;  v.  Gage,  G.  ; 
699,2 

Smith,    Roger,    Rev.,   to    F.    Neale    on 
Deer  Creek,  27  Sept.,  1816... 301,  806, 


807  ;  provision  by  the  Corporation  for, 
15  Feb.,  1816... 301,  807,  883  ;  at  Deer 
Creek,  1805... 811 
Smith,  Thomas,  213 
Smyth,  Patrick,  Rev.,  Carroll's  answer  to, 

1789... 330,  341,;  688,690 
Snow,  Mr.,  114 
Snyder,  Joseph,  land  agent,  Philadelphia, 

De  Earth  on,  358 

SOCIETY    op   JESUS  :  Constitutional  and 
Historical  points : 

Constitutional :  admission  of  temporal 
coadjutors  not  granted  to  the  superior 
of  a  mission,  47  ;  dismissal  of  same,  in 
an  emergency,  accorded,  71 

Biennium  of  first  novitiate,  its 
necessity,  dispensations,  75-77 ;  special 
care  of  novitiates  imposed  on  the 
General,  1065 

Resignation  of  private  property,  56, 
64,  235-237,  652 

Formation  of  members,  863, 134, 13:1 
Full  studies,  78, 79, 81-83  ;  v.  Studies 
Priesthood,  anticipation  of,  80 
Third  year  of  novitiate,  its  necessity, 
dispensations,  45,  47-49,  60,  61,  63,  64, 
71,  72,74,75,78 

Requirements  of  learning  for  pro- 
fession of  four  vows,  72-74,  974,  10 

Admission  to  three  solemn  vows  of 
profession,  68,  69,  73,  74,  81 ;  to  four 
solemn  vows  of  profession,  to  simple 
vows  of  coadjutors,  spiritual  or 
temporal,  passim ;  admission  to  last 
vows,  accorded  to  the  superior,  Mary- 
land, 66 

Question  of  property  falling  to 
members  professed,  85-92 

Prelacies  in  the  Church  excluded  by 
vow,  84 ;  question  of  a  vicar-general- 
ship ;  v.  Vicar-Generalship 

Colleges  and  houses  not  capable  of 
contracting  civil  obligations  to  estab- 
lish missions,  38,  39,  240 

A  province  or  mission  not  capable 
of  ownership  in  revenues  or  landed 
property,  38,  650,  656,  38 

Foreign  missions ;  v.  Indies,  Mis- 
sionaries 

Missions  in  general,  essential  in 
S.J.,  570;  v.  Parishes 

Privileges,  and  exemption  from 
Ordinary  jurisdiction,  247,  248,  402, 
49,  513,  3,  678,  12,  846,  87, 943,  6,  1002, 
4,  1004-1008,  1103,  15,  1147  ;  v.  Bulls 
Property  :  juridical  basis  of  rights 
to,  247,  248  ;  subject  invested  with  the 
right  of  ownership,  648-651 ;  uses  of, 
651 ;  alienation,  415,  421,  27,  610,  611, 
651,  896-898;  the  General's  power, 
and  alienation,  611,  1034,  1057,  1058 ; 
the  question  of  stipends,  and  fees  for 
tuition,  457,  29,  546,  30,  547,  31,  1080  ; 
legacies,  39,  40 ;  v.  Property  S.J. 
Administration  :  function  of  local 


INDEX 


1215 


SOCIETY  OP  JESUS  (continued) — 

council  with  the  Provincial,  before 
referring  to  the  General,  45 ;  accounts 
of  property,  annual  and  triennial,  611 ; 
Carroll's  sketch  of,  610,  611,  613 

Political  status,  when  recognized  by 
the  civil  power,  653,  1140 

Historical :  communication  of  merits, 
35 ;  admission  into,  at  death,  35  ;  libels 
against,  in  England,  1662,  and  Mary- 
land, 1829. ..45,  1134;  suppression  of, 
1773  ;  v.  Bulls,  Suppression ;  constitu- 
tion of,  and  Carroll's  plan  for  the 
Select  Body  of  Clergy,  442,  30,  610, 
611,  613;  property  rights  of,  subsisting 
after  suppression,  614,  9,  1155-1157 ; 
unsuppressed  in  White  Russia,  624,  4, 
683,  684,  815-820;  property  of,  and 
uses,  after  the  suppression,  650-653 ; 
Strickland  on  the  spirit  of,  1804. ..664; 
Carroll  and  members  of  the  Select  | 
Body  on  the  property  of,  1787...  674- 
679 ;  and  a  pseudo-Society  of  Jesus ; 
v.  Paccanarists ;  a  reason  for  accele- 
rating the  restoration  in  Maryland, 
761,38;  restoration  in  England,  1803 
...798  ;  gradual  restoration,  by  Papal 
briefs  for  Russia  and  the  Sicilies,  1801, 
1804... 816,  817;  Carroll  and  L.  Neale 
to  the  General  S.J.,  Gruber,  on  resto- 
ration in  U.S.,  and  on  the  genuine 
form  of,  1803.. .818;  Carroll's  views 
upon  the  genuine  form,  818,  13 ; 
Carroll  on  hostility  to,  1813. ..842,  77; 
1815... 855,  856,  864;  Marechul  on 
hostility  to,  1817... 864,  139;  Carroll 
on  the  general  restoration  of,  1814... 
845-847,  849,  850 ;  and  on  the  forma- 
tion of  members  anew,  849 

Kenney's  ordinance  on  the  manage- 
ment of  temporalities  in  U.S.,  1820... 
896,  897;  the  question  of  trusts  for 
religion  in  Md.,  421,  27,  904,  34,  905, 
35 ;  v.  Marechal ;  Marechal's  views 
on  the  status  of  regulars,  551,  552, 
904,  34,  913,  2 ;  brief  of  Pius  VII.  on 
the  restoration  of  all  property  to  S.J. 
restored,  7  Aug.,  1814.. .929,  31;  the 
privileges  of,  and  Carroll  thereupon, 
078,  12,  846,  87,  943,  988;  v.  Bulls 

Carroll  on  status  of,  1810... 974,  975  ; 
the  title  of  ordination  in  U.S.,  England 
and  Ireland,  1811-1814.. .974,  10,  975, 
7  /  ;  v.  Title  of  ordination ;  altered 
status  of,  between  1810  and  1822... 977, 
20 ;  v.  Synodal  article ;  Brzozowski 
and  Carroll  on  the  canonical  value  of 
aggregation  to  S.J.  in  Russia,  851,  852, 
978-994 ;  v.  Brzozowski ;  Carroll  on 
the  constitution  and  antecedents  of, 
1811... 989-991;  Marechal  on  same, 
1090,  2 ;  in  Russia,  alone  capable  of 
furnishing  missionaries  to  U.S.,  1817 
...1012;  expelled  from  Russia,  1014; 
preoccupations  of,  in  F.urope,  1821... 


SOCIETY  OF  JESUS  (continued)— 

1015;  Gradwell  on  the  favour  of  Leo 
XII.  and  Cardinals  towards,  1824... 
1053,  1083;  1826.. .1094;  and  on  the 
preponderance  given  to,  1824... 1053; 
Wiseman  on  same,  1829.. .1115;  the 
question  of  a  civil  government's  con- 
sent for  the  restoration  of,  1049,  1050, 
1140-1146 ;  Brzozowski  on  difficulties 
encountered  by  Pius  VII.  in  restoring, 
1807... 1152,  5 

In  U.S. ;    v.  Md.-Pa.  mission,  Ex- 
Jesuits  American 

In   England ;   v.  English   province, 
Ex-Jesuits  English 
In  Ireland ;  v.  Irish  mission 
In  Scotland  ;  v.  Scotch  mission 

Soglia,  G.,  Mgr.,  1085, 13 

Somerset,  Viscount,  interview  of,  and 
George,  Lord  Baltimore,  with  De 
Fontenai,  1631... 7-10 

Sommerville,  S.J.,  75 

Soug6,  Rev.,  808 

South  Mountain,  Pa.,  property  S.J.  at, 
347,  349 ;  extent  and  sale  of,  379 

South  River  Hundred,  Ann  Arundell  Co., 
Md.,  250 

Southwell  [Bacon],  Nathaniel,  S.J.,  21, 
37, 112 

Southwell,  Thomas,  S.J.,  17 

Sousa,  Matthias,  mulatto,  213 

Spain,  King  of,  and  Catholic  American 
colonization,  1605. ..4,  5;  7;  petition 
to,  of  Maryland  Catholics  for  a  refuge, 
1646... 33  ;  97, 147,  234, 17  ;  bishops  of, 
on  the  suppression  S.J.,  671 

Spencer  [Petre],  Edward,  S.J.,  52 

Spina,  Cardinal,  1091,  1093 

Spink,  James,  S.J.,  admitted  into  the 
Select  Body,  4  Oct.,  1808.. .770,  872; 
and  aggregation  to  S.J.  in  Russia,  25 
Apr.,  1803... 816 

Splittfk4d,  St.  Thomas's  Manor,  204, 
221,  222,  232,  274 

Spurr,  Philip,  213 

Stafford,  Robert,  S.J.,  17,  18  ;  v.  Vitel- 
leschi 

Starkey,  Lawrence,  S.J. ;  v.  Sankey 

Statham,  Thomas,  213 

Statutes ;  v.  Acts  of  Parliament,  Mort- 
main 

Staunton,  Rev.,  808 

Stephen,  King  of  Poland,  1035,  13 

Stephens,  Robert,  S.J.,  and  the  Indian 
missions,  53,  54 

Stone,  Marmaduke,  Provincial  S.J.,  265, 
649 ;  to  P.  Neale,  on  aggregation  to 
S.J.  in  Russia,  25  Oct.,  1789.. .635; 
characteristic  trait  of,  762,  40 ; 
Provincial  of  the  English  province 
S.J.  restored,  19  May,  1803... 798, 1150 ; 
and  the  Paccanarists,  815,  I  ;  to 
Strickland,  on  R.  Plowden,  9  May, 
1801.. .851,  98;  to  the  Propaganda, 
on  Troy's  claims  to  Irish  mission 


1216 


INDEX 


funds,  29  Apr.,  1810... 1152,  1153;  and 
Callaghan's  natural  heirs,  1152,  5  ;  to 
the  Propaganda,  on  the  Scotch  mission 
funds,  1816... 1041,  21,  1154 

Stone,  T.,  281 

Stone,  William,  Governor  of  Maryland,  39 

Stonor,  Christopher,  Rev. ;  v.  Challoner  ; 
on  Liege  Academy  and  America,  1789 
..Ml,  51 

Stonor,  John  Talbot,  V.A.,  Midland 
district,  England,  90 

Stonyhurst  College,  England ;  trans- 
ferred from  Liege  ;  v.  Liege  ;  360,  616, 
2,  653 ;  origin  of,  653,  33 ;  ecclesi- 
astical status  of,  1796... 653,  33,1144, 
14 ;  655,  37 ;  Carroll  on  episcopal 
interference  with,  1794... 751,  22;  851; 
pontifical  character  of,  confirmed  by 
the  Propaganda,  and  withdrawn,  1818, 
1820.. .1141,  1142,  1144 

Strange,  Richard,  Provincial  S.J.,  48, 
49 ;  v.  Oliva  ;  135 

Strickland,  Rev.,  184 

Strickland,  William,  S.J.,  614,  S,  630,  1 ; 
statements  of,  on  accounts  of  the  Md.- 
Pa.  mission,  and  the  remission  of 
debts  due  to  the  English  province 
S.J.,  1790-1811... 239,  640,  641,  664;  to 
Carroll,  on  accounts,  29  Nov.,  1793... 
641 ;  the  Sir  John  James'  fund,  1793, 
1811... 360,  641;  to  the  Vicars  Apos- 
tolic, England,  on  the  uses  of  ex-Jesuit 
property,  16  Jan.,  1787. ..646,  647;  to 
T.  Talbot,  V.A.,  on  the  same,  on  ante- 
cedents, and  the  Propaganda,  30  Jan., 
1787 ;  v.  Butler,  C. ;  to  Stone,  on  the 
foregoing  correspondence,  649 ;  to  same, 
on  M.  Gibson,  V.A.,  4  Oct.,  1794.. .649; 
to  Couche,  on  the  Plowdens,  1  Mar., 
1797... 650,  27  ;  to  same,  on  R.  Plowden, 
1799. ..851,  98;  on  S.J.,  its  property, 
origin,  and  limitations  of  use,  650-652  ; 
on  manner  of  devising,  29  Sept.,  1794 
...652  ;  to  Couche,  on  organic  existence 
of  ex-Jesuits,  and  on  the  property,  28 
Dec.,  1798,  6  Feb.,  1800.. .653;  to 
Stone,  on  property  at  the  suppression, 
13  Nov.,  1806... 655;  v.  Ex- Jesuits 
English  ;  controversy  of,  with  Ashton, 
on  ex- Jesuit  property,  1786-1790... 
640,  658-664;  v.  Concordats,  Corbie, 
Hunter,  G. ;  the  Md.-Pa.  mission 
debts  due  to  English  ex-Jesuits,  1786 
...658;  to  Ashton,  1787... 659;  on 
Ashton,  1790... 664  ;  v.  Ashton 

To  the  General,  on  missionaries  sent 
to  Maryland,  660,  51 ;  lists  of  same, 
sent  after  the  suppression  S.J.,  661, 
51 ;  the  London  records  of  Md.-Pa. 
accounts,  663,  57 ;  to  Stone,  on  the 
spirit  S.  J.  in  the  use  of  temporalities, 
5  June,  1804. ..664;  to  J.  Talbot,  V.A., 
on  Liege  Academy,  and  its  formation 
of  missionaries,  1  Oct.,  1788... 721,  5; 
835,  995  ;  to  Stone,  on  candidates  for 


aggregation  to  S.J.  in  Russia,  1  Jan. 
1803.. .1150 

Stuart,  Charles,  to  G.  Hunter,  on  Pingall, 
White  Marsh,  10  Sept.,  1778... 541,  21 

Studies,  in  S.  J.,  theological  liberty  in,  16, 
18 ;  mathematical,  necessary  for  East 
Indian  missions,  20 ;  not  to  be  inter- 
rupted, 78,  79,  82,  83;  v.  Society  of 
Jesus 

Stump,  Thomas  C.,  304. 362 

Sturmer,  S.J.,  981,  31,  1006,  25 

Sullivan,  James,  donation  of,  to  R.  C. 
church,  Carlisle,  Pa.,  349 

Sulphur  Springs,  841 

SULPICIANS  :  Canada ;  v.  Lartigue ;  591, 
915,  1101 

Seminary,  Baltimore,  and  Marechal, 
592 ;  commended  by  Card.  Antonelli  for 
Baltimore,  1790... 689,  690,  7  ;  715,  37 ; 
constituent  meeting  of  the  Select  Body 
on  a  contract  with,  1793... 739,  10; 
Carroll's  correspondence  on  establish- 
ing, at  Baltimore,  1790... 744,  745  ;  on 
provision  for,  from  the  Select  Body, 
745 ;  746 ;  provision  made  for,  from 
Pipe  Creek  property,  1792... 276,  746, 
747 ;  by  the  usufruct  of  Bohemia, 
1793... 287,  362,  747,  916,  917 ;  grant  of 
same  to,  1793... 748,  749,  766;  condi- 
tions, 748-750,  752,  753,  763,  764,  766  ; 
and  Georgetown  College,  Dubourg  S.S. 
president,  1796-1798... 751-754,  761, 
764,765;  Carroll  on,  1796... 751,  752; 
and  the  Corporation,  1797. ..752,  753 ; 
restoration  of  Bohemia  by,  to  the  Cor- 
poration, 1799,  1801. ..754-756,  760, 
765  ;  v.  Bohemia,  Nagot 

Ecclesiastical  education  at  the  ex- 
pense of  the  Corporation  to  be  con- 
ducted by,  1800... 757,  777;  excepting 
course  of  philosophy,  1800.. .757,  777; 
Carroll's  commendation  of,  1800,  1812 
...758-760,  801, '994;  same  on  preju- 
dices against,  1800... 758-760 ;  and 
Georgetown  College,  L.  Neale  presi- 
dent, 1801,  1802.. .761,  762,  766,  778; 
and  ecclesiastical  students  from  George- 
town, 1804,  1805... 766-768;  the  Cor- 
poration on,  and  joint  action  with, 
1802.. .793,  794 ;  v.  infra,  St.  Mary's 
College  ;  Carroll  on,  1813. ..801 ;  pecuni- 
ary contributions  of  the  Corporation 
to,  1805... 802,  803  ;  opinions  of,  on  St. 
Mary's  College,  537, 6, 796, 799 ;  contem- 
plated departure  of,  from  U.S.,  1801- 
1803.. .797,  49,  798;  and  St.  Mary's 
College,  1813-1815... 801,  802;  and  ac- 
counts of  the  Corporation,  re  theolo- 
gians, 1805,  1806... 802,  803  ;  provision 
for  ecclesiastical  students  at,  by  the 
Corporation,  Sept.,  1806. ..826,  869, 
870  ;  850 

Grass!  on  Carroll's  policy  regarding, 
re  Georgetown  College,  852,  853  ;  Car- 
roll on  a  fund  to  be  raised  for  ecclesi- 


INDEX 


1217 


SULPICIANS  (continued)— 

astical  education  at,  1815... 859  ;  912; 
property  of,  and  the  maintenance  of 
Marechal,  591,  915 ;  934 ;  members, 
1818.. .955,  957  ;  958,  1009;  Vespre  at, 
1816,  and  books,  853,  106,  1132,  36 

St.  Mary's  College,  Baltimore;  property 
of,  and  Marechal,  553,  40  ;  foundation 
of,  1799... 765;  development  and  Car- 
roll's patronage  of,  1800... 759,  36,  797, 
798 ;  development  of,  for  American 
students  in  general,  20  Sept.,  1803... 
766,  768,  796,  797  ;  768 ;  the  Corpora- 
tion on,  and  the  Sulpician  offers  of 
suppression,  1802... 793,  794;  condi- 
tions, 794,  795 ;  the  Select  Body  on 
the  proposal,  1802... 795;  M.  Tessier 
on  the  development  of,  1803.. .766,  796, 
797;  L.Neale  on,  1803... 798  ;  Carroll 
on,  1808-1815... 799-802 ;  Kohlmann  on, 
1810... 802;  v.  Dubourg  ;  Eccleston  on 
transferring  to  S.J.,  1837... 1121 

Suppression  of  the  Society  of  Jesus, 
1773 ;  v.  Bulls,  Clement  XIV. 

And  the  property  in  U.S.,  Marechal 
on,  1818... 245,  246,  912;  violence  at 
Bohemia,  in  connection  with,  286 ; 
rights  of  possession  unaffected  by,  307, 
308 ;  Carroll  on  the  fidelity  of  the  ex- 
Jesuits  after,  341 ;  v.  Carroll,  Ex- 
Jesuits  American,  Property  ;  process  of, 
provisions,  effects,  601-607  ;  effects  of, 
in  England  ;  v.  Ex-Jesuits  English  ; 
Card.  Antonelli  to  Pius  VI.  on,  1775... 
606,  4  ;  pleaded  to  support  Marechal's 
claims,  509,  510,  938-940, 1049,  1050 

Susquehannoe  Indians,  104,  123 

Swedes,  in  New  England,  14 

Swinburne,  Mr.,  263 

Synod,  Baltimore,  1791 ;  v.  Councils 

Synodal  article,  Baltimore,  1810... 389,  2  ; 
text  of,  390,  977;  C.  Neale's  protest 
against,  390,  2,  424,  32;  the  General 
Fortis  on,  444,  445 ;  Marechal's  cita- 
tion of,  to  Kohlmann,  1820... 965-967  ; 
969,  972, 973,  976-980,  984,  41,  985,  43, 
987,  990,  58,  59,  991,  993,  69,  984-997, 
998,  88,  1001-1006;  Carroll  overruled 
in  the  drafting  of,  973,  1005;  not 
published  by  the  bishops,  445,  985,  43, 
996,  1005,  22 ;  1017 

Szadursky,  Rev.,  1009 


T 


TAIT,  ANDREW,  251 

Talbot,    Gilbert,    S.J.,   property  of,  and 

Pennsylvania,  85-93,  258 
Talbot  of  Longford,  John,  87,  258 
Talbot  Co.,   E.S.,  Md.,  219,  220;  v.  St. 

Joseph's 
Talbot,  James,  V.A.,  London,  646,  648, 

22,  649,  659,  49,  721,  5 
Talbot,  Thomas,  S.J.,  on   the  financial 


condition  of  the  English  province  S.J., 
1773... 601,  603;  614,  8 ;  to  Carroll,  on 
a  bishopric  in  ordinary  for  America, 
and  the  restoration  of  S.J.,  21  Sept., 
1784,  20  Aug.,  1785... 623-625,  1140,  7  ; 
630,  1,  632,  640  ;  to  Lewis,  on  debts  of 
Md.-Pa.  mission  to  the  English  ex- 
Jesuits,  25  Apr.,  1784... 656;  658 

Talbot,  Thomas,  V.A.,  Midland  district, 
England,  646 ;  to  Strickland,  on  uses 
of  ex- Jesuit  property,  22  Jan.,  1787... 
647 ;  on  Ultramontane  opinion,  28  Feb., 
1787... 648,  649 

Talleyrand,  Bishop  of  Autun,  243 

Tamburini,  Michael  A.,  General  S.J., 
letters,  1709-1729,  to  Sabran,  62,  63 ; 
T.  Parker,  63-67  ;  Davies,  64,  237  ;  R. 
Plowden,  65 ;  Edesford,  66 ;  T.  Law- 
son,  67,  68 ;  J.  Turberville,  69-71 ;  W. 
Gerard,  70 

Taney,  R.  B.,  judge,  and  Marechal's 
difficulty  with  the  American  Govern- 
ment, 491,  8,  554,  42,  556,  1073; 
opinion  of,  11  Jan.,  1826.. .1076,  1077, 
1079;  1148 

Tayac  ;  v.  Indians 

Taylor,  G.,  Rev.,  526,  914,  915,  1132,  36 

Terrapin  Level,  380,  19 

Tessier,  John  M.,  S.S.,  468,  6,  592,  716, 
745,  3  ;  on  the  Sulpician  occupation  of 
Bohemia,  1793... 749 ;  756  ;  account  by, 
of  the  transactions  regarding  Bohemia, 
Georgetown,  the  Sulpician  Seminary 
and  College,  Bo.,  1792-1805... 764-768  ; 
on  the  opening  of  St.  Mary's  College, 
Bo.,  to  American  students,  1803. ..766, 
797;  802,  803,  859,  125;  to  Card. 
Capellari,  on  Marechal  deceased,  and 
Whitfield  eligible  as  successor,  4  Feb., 
1828... 1104,  1105 

Tetersell,  Edward,  213 

Thames  River,  102,  104 

Thayer,  John,  Rev.,  689 

Theodore  della  Pieta,  O.P.,  185 

Thomas's  Beginning  and  The  Addition, 
Deer  Creek,  265,  288,  289,  291,  293, 
542,  734 

Thomism,  extreme  views  of  A.  White, 
16-18 

Thompson,  Charles,  S.J.,18 

Thompson,  Mrs.,  383,  384 

Thompson,  R.,  Rev.,  1111,  17 

Thompson,  Richard,  213 

Thompson,  Richard,  285 

Thornton,  James,  213 

Thorold,  George,  S.J.,  56,  57;  and  the 
transmission  of  property,  207-229, 
passim ;  conveyance  of,  to  P.  Attwood, 
1726... 232 ;  donation  of,  to  P.  Attwood, 
237,  238  ;  beneficiary  under  the  will 
of  James  Carroll,  sen.,  250-252;  two 
wills  of,  253, 254  ;  final  will  of,  avoided, 
and  consequent  escheat,  255,  270 ;  v. 
Escheat ;  bond  of,  re  White  Marsh,  to 
V.  Philips,  and  J.  Farrar,  268 


1218 


INDEX 


Thorpe,  John,  S.J.,  correspondent  in 
Rome  of  American  ex-Jesuits,  G15  ;  on 
a  bishopric  in  U.S.,  617  ;  632-634,  657, 
39,  680,  683,  688-690 

Threlkeld,  John,  J.P.,  sale  of  lots  by,  to 
Georgetown  College,  539,  11,  675,  4; 
872,  880,  890 

Tidder ;  v.  Ingleby,  Edward 

Tiernan,  Luke,  318,  323 

Tilghrnan,  Richard,  Colonel,  331 

Timmermans,  Peter  J.,  S.J.,  1017,  2, 
1019 

Tithes,  and  the  support  of  bishop  and 
clergy,  543,  25,  914,  3,  1056,  3 

Title  of  ordination,  for  members  S.J., 
before  the  canonical  restoration,  1814 
...512,  843,  844,  851,  943,  974,  975,  979, 
23  ;  of  a  Pontifical  seminary,  granted 
to  Liege  Academy,  1778,  and  to 
Stonyhurst  College,  1796.. .653,  33; 
confirmed  for  Stonyhurst  by  the 
Propaganda,  and  withdrawn,  1818, 
1820.. .1141,  1142,  1144;  of  regulars, 
accorded  to  the  English  province  S.J., 
by  Leo  XII.,  1  Jan.,  1829...1142,  1147, 
1148 ;  v.  Bulls 

Tompson,  George,  204 

Torzi's  Cyclopedia,  609 

Trade,  rights  of,  with  the  Indians ;  v. 
Barter 

Trappists  in  U.S.,  987 

Tristram  [Cross],  Joseph,  S.J.,to  Grassi, 
1814... 846, 948 ;  1  June,  1815... 846,  85 ; 
864 ;  to  Kohlmann,  on  Marechal,  the 
civil  government,  and  Rome,  18  May, 
1823.. .934,  12, 1139, 1 ;  to  the  General, 
on  Whitfield  interposing  in  the  Mare- 
chal controversy,  18  Feb.,  1823... 1071 ; 
on  W.  Matthews,  and  the  Secretary 
U.S.,  re  Papal  brief  on  White  Marsh, 
28  May,  1823... 1071 

Trollope,  Rev.,  184 

Trowman,  Major,  267 

Troy,  Thomas,  Archbishop  of  Dublin, 
and  the  ex-Jesuit  property  in  Ireland, 
Carroll  on,  1809.. .830,  831;  850;  to 
the  Propaganda,  on  claims  of  Irish 
bishops  to  the  administration  of  ex- 
Jesuit  funds,  1807,  1808.. .1151-1153; 
correspondence  of,  with  Stone  and 
Concanen,  on  ditto,  1808... 1151,  1152 
Trustees  of  the  Corporation  of  R.  C. 
Clergymen,  list  of,  1793-1820... 741- 
742  ;  v.  Proceedings 

Trustees  of  the  cathedral,  Baltimore, 
314-324 ;  resolutions  of,  re  St.  Peter's 
church  property,  1813-1816.. .318,  319  ; 
invested  with  said  property,  323, 324  ; 
v.  Baltimore  city 

Trustees,  lay ;  v.  Bulls,  Lay  trustees 
Truth  and  Trust,  Md.,  extent  and  yield 
of,  1824-1830... 379,  380;  bequeathed 
to  the  Select  Body  of  Clergy  by  A. 
Jenkins,  S.J.,  1800. ..380,  19:  sale  of, 
381,  19;  631,6 


Tuckahoe,  E.S.,  Md.  ;  v.  St.  Joseph's 
Talbot  Co. 

Tue,  John,  213 

Tuit,  James,  260 

Tuit,  Mary,  260 

Tuite,  Francis,  Rev.,  360 

Tuite,  Mr.,  331 

Tulloh,  Mr.,  745 

Tunis,  43 

Turberville,  Gregory,  S.J.,  217,  218 

Turberville,  John,  Provincial  S.J.,  69-71 ; 
v.  Tamburini;  71,  72;  v.  Retz ;  73, 
235;  to  G.  Thorold,  releasing  the  Md.- 
Pa.  missions  from  its  debts  to  the 
English  province  S.J.,  10  Nov.,  1728... 
238 ;  instruction,  not  to  charge  the 
congregations  with  the  support  of  the 
said  mission,  238 

Turks,  43 ;  English  exempt  from  capture 
by, 43  ;  95,  97 

Turners,  Messrs.,  228 

Twickenham,  Twittnam,  8 


U 


ULTRAMONTANES,  648,  649 
Upper     Marlborough,     Md.  ;     v.    Marl- 
borough 

Urban  VIII.  ;  v.  Bulls 
Ursulines,  for  New  Orleans,  1816... 1011 
Uses  and  Trusts,  828,  36 


VALLADOLID,  70 

Van  Beber,  286 

Van  Quickenborne,  Charles,  S.J.,  journey 
of,  from  White  Marsh  to  Missouri, 
1823.. .1017;  1019,  1024;  sub-agent  of 
the  Corporation,  1025  ;  to  the  General, 
on  Dubourg's  offers  at  New  Orleans, 
and  Opelusas,  6  June,  1824,  2  May, 
1826...  1027,  1028;  appointed  Vicar 
General  for  Upper  Louisiana  by  Rosati, 
28  Dec.,  1824... 1027;  to  the  General, 
on  the  concordat,  Dubourg,  Rosati,  and 
the  territory  of  the  Missouri  mission, 
9  Sept.,  1830... 1028;  v.  Dubourg,  Mis- 
souri mission 

Van  Vechel,  S.J.,  559,  957 

Vardin,  Mr.,  274 

Vatican  Council,  847,  87 

Vaughan,  Richard,  S.J.,  61 

Vavasour,  William,  S.J.,  50 

Vergnes,  William,  Rev.,  394,  24,  489,  6  ; 
bequest  of,  to  the  Corporation,  545  ; 
admitted  into  the  Select  Body,  17  May, 
1813... 770, 811,  871,  877,  884  ;  808,  842, 
947 

Vespre,  Francis,  S.J.,  515,  548,  33;  to 
Grassi,  from  Baltimore  Seminary,  on 
the  miscarriage  of  Jesuit  correspond- 
ence, 18  Feb.,  1816... 853,  106 ;  in 


INDEX 


1219 


Rome,  895,  9G3;  1087,  1088;  on 
Marechal,  1826... 1093  ;  on  St.  George's 
Island,  and  the  Bishop  of  Boston, 
1094;  1101,  1120;  on  Carroll,  and  the 
name  of  the  Corporation,  1126,  15; 
from  Lyons,  1127,  16  ;  to  the  General, 
on  Eccleston's  receipt  of  9  Julv,  1838, 
and  letter,  5  May,  1840.. .1128,  1129; 
criticism  of  ditto,  5  May,  1840... 1122, 
1125-1128,  13-18;  books  of,  and  the 
Baltimore  Seminary,  1132,  36 

Vespre,  Mr.,  Lyons,  1133 

Veto  of  the  English  Government,  and 
Pontifical  acts,  1799-1813... 855,  114; 
Carroll  on,  1815. ..855,  864 

Vicar  Apostolic,  Carroll  on  the  question 
of,  for  U.S.,  1784... 619,  2;  character 
of,  according  to  the  Bishop  of  Kildare, 
1825... 619,  2 

Vicars  Apostolic,  in  England,  Scotland  ; 
v.  English,  Scotch  Vicars  Apostolic 

Vicar-Generalship,  proposed  for  the  Md.- 
Pa.  mission,  1743. ..84,  85;  and  pro- 
fessed Jesuits,  84,  848,  849,  857,  865, 
142 

Victoria,  Francis  de,  177 

Vincendieres,  and  Frederick  property 
S.J.,  310,  311,  806,  883 

Vincendon,  Charles,  858,  860 

Virginia,  danger  to,  from  Spaniards,  13, 

14  ;  from  a  Catholic  colony,  1633. ..13- 

15  ;  the  Jesuit  mission  to  [Maryland], 
19,  20 ;    Jesuit  missionaries  operating 
in,  1644. ..31;  33;  no  missionaries  in, 
nor   in   Maryland,    1647.. .35;   aid  for 
the  Catholics  in,  36 ;    the  mission  in, 
1648... 37;  the  missionaries  exiled  in, 
1655.. .41,   42;    96,  99,  103,    104,   108, 
110,  112,  129,  130;  life  of  the  exiled 
missionaries  in,  1655,  1656... 131 ;  139, 
140,  145-147,  178,  259 ;  and  services  of 
R.  Baxter  in,  446;  Jesuit  missionary 
asked    for,    hy    Marechal,    1824. ..565, 
566;  571 ;  attended  by  Carroll,  1779... 
650,  27 ;  G.  Hunter's  property  in,  734  ; 
744,  856,  914  ;  status  of  diocese  [Rich- 
mond], 1821... 959;  1019-1021 

Visitation  convent,  Georgetown,  836,  934 

Vitelleschi,  Mutius,  General  S.J.,  letters, 
1629-1644,  to  A.  White,  16,  17,  24; 
Stafford,  17,  18;  Blouut,  with  approval 
of  the  American  mission,  18-20;  Fisher, 
21-23,  24-28,  31,  32;  Knott,  23,  24, 
26-32,  1030,  1033;  to  H.  More,  23; 
J.  Brooke,  25;  181,  1006 

Vivae  vocis  oracula,  or  informal  Papal 
provisions,  Carroll  on,  and  the  restora- 
tion of  S.J.,  375,  817,  10,  839,  68,  851, 
873,  992 

Vowles,  R.,  207 


W 


WALCH,  JOHN,  251 

Wallace,    James,    S.J.,    346;    admitted 


into  the  Select  Body,  29  June,  1815... 
770,  881 ;  at  Charleston,  S.C.,  1818,  and 
recalled  by  Kenney,  1820... 896;  914; 
Marechal  on,  and  Charleston,  1818... 
914,  958  ;  1003 

Walley  [Garnett],  Henry,  S.J.,  6,  7 

Wallis,  Elston,  223 

Walmesley,  Charles,  O.S.B.,  V.A., 
Western  district,  England,  646,  649; 
opinion  of,  on  the  use  of  ex-Jesuit 
property,  640 

Walsh,  John,  318,  320,  324,  327,  920  ;  to 
E.  Fenwick,  on  Marechal's  success  in 
Rome,  14  July,  1822... 1070,  1071 

Walsh,  Peter,  S.J.,  551 

Walton,  James,  S.  J.  trustee  ;  v.  Proceed- 
ings ;  271 ;  and  the  purchase  of  lots 
at  Frederick,  309-311 ;  v.  Frederick  ; 
missionary  at  Frederick,  312 ;  332, 
366;  and  the  suppression  of  S.J.,  1773 
...607  ;  and  the  Select  Body  of  Clergy  ; 
v.  Ex-Jesuits  American ;  Carroll  on 
the  character  of,  626  ;  and  aggregation 
to  S.J.  in  Russia,  25  Apr.,  1788,  30 
Aug.,  1802. ..683,  684,  815;  commis- 
sioned with  Carroll  to  secure  incorpora- 
tion, 1786.. .696,  739;  720;  act  of  the 
Assembly,  Md.,  1806,  on  the  declara- 
tion of  trust  by,  729 ;  declaration  of 
trust,  and  list  of  ex-Jesuit  estates, 
3  Oct.,  1793... 270,  287,  291-293,  314, 
333,  441,  28,  539,  13,  542,  24,  732-736, 
737;  769 

Walton,  William,  V.A.,  Northern  district, 
England,  647 

Walz,  Nicholas,  S.J.,  91,  93 

Wappeler,  William,  S.J.,  82-84,  259,  342, 
687 

Ward,  John,  S.J.,  1148 

Ward,  John,  213 

Ward,  Nahum,  381 

Ward,  William,  S.J.,  77 

Ware,  Captain,  281 

Ware,  Francis,  Colonel,  274 

Warner,  John,  Provincial  S.J.,  49;  -r. 
Oliva;  50-52;  v.  De  Noyelle ;  136, 
137 

Warner,  Sir  John  Clare,  Provincial  S.J., 
53-55;  v.  De  Noyelle;  56,  57;  v. 
Gonzalez 

Warren,  Henry,  S.J.,  and  the  trans- 
mission of  property,  202-232,  passim  ; 
1043,  6 

Warrilow,  William,  S.J.,  654 

Washington  Co.,  Columbia,  261 

Washington,  D.  C.,  383;  case  of  St. 
Patrick's  church  at,  Marechal  and  W. 
Matthews,  455,  458,  551,  560,  561,  563, 
564,  830,  41 ;  Kohlmann's  note  on, 
12  July,  1820... 561;  Marechal  on 
property  S.J.  in,  544,  545,  29 ;  case  of 
St.  Peter's  church  at,  and  Marechal, 
1820 -1823... 561-564;  lots  in,  devised 
to  the  Corporation  by  N.  Young,  1815 
...717,  718;  845,  S3 ;  the  novitiate  to 


1220 


INDEX 


be  placed  at,  1815... 852-857,  944; 
Carroll  on  same,  and  S.J.  at,  853,  854, 
856,  857,  954;  a  house  S.J.  to  be 
erected  at,  adjoining  St.  Patrick's 
church,  1818... 892;  903,914;  origin 
and  foundation  of  novitiate  S.J.  iat, 
1814,  1815.. .947,  948;  1018,  1019;  v. 
Seminary  Catholic 

Waterford,  Md.,  220 

Wathen,  Ignatius,  274 

Wathen,  Mathilda,  279 

Watson,  William,  S.J.,  27 

Watten,  Belgium,  novitiate  S.J.  at,  18; 
35-75,  passim ;  136 

Watts,  Captain,  238 

Weatheril,  John,  260 

Webb,  Mr.,  donation  of,  to  Carroll,  809, 
12 

Wedge,  The,  226 

Weld,  Thomas,  Bt.  Rev.  Dr.,  1111,  17 

Weld,  Mr.,  donations  of,  to  Carroll,  1790 
...745,809,  12 

Wentworth,  Rev.,  184 

Weeks,  John,  student,  437,  18 

Wesby,  Thomas,  S.J.,  resignation  of 
property  by,  236 

West  Chester,  New,  Pa.,  property  S.J. 
at,  333-335 ;  J.  Bosseter  stationed  at, 
334 ;  A.  Hearn's  fund  for,  and  the 
Corporation,  5  May,  1801... 335,  805, 
868 

West,  Stephen,  750 

Westminster,  Dean  of,  and  Papal  bulls, 
157 

Wharton,  C.  H.,  patrimony  of,  263  ;  381 ; 
Carroll's  controversy  with,  631,4;  660, 
51 ;  Carroll  on,  722,  5 

Wharton,  Richard,  205,  206,  221 

Wheeler,  Ben.,  student,  437,  18 

Wheeler,  Ignatius,  265,  288,  904 

Wheeler,  Michael  F.,  S.S.,  592,  1103 

White,  Andrew,  S.J.,  to  Gerard,  on 
Greene,  27  Oct.,  1606.. .5-7  ;  16, 17,  24  ; 
v.  Vitelleschi ;  Thomism  of,  17,  18 ; 
approved  for  the  American  mission, 
19 ;  22 ;  history  of  the  Maryland  mis- 
sion by,  1639-1645... 24,  127;  Relation 
of  the  voyage  to  Maryland  by,  1633- 
1634... 94-107 ;  among  the  Indians, 
113-117,  120,  122,  124 ;  transported  to 
England,  1645.. .125,  126;  in  Belgium 
and  England,  126 ;  in  Holland,  J.  Bol- 
landus  on,  128 ;  212,  213 

White  of  Boston,  sttident,  437,  18 

White  Clay  Creek,  Newcastle  Co.,  Del., 
335,  868,  870 ;  v.  Kenny,  Patrick 

White,  George,  213 

White  Marsh,  and  slaves  at,  1764... 230- 
232 ;  and  James  Carroll,  sen.,  donor, 
235,  237,  238;  devise  of,  to  Jesuits, 
12,  17  Feb.,  1728... 248-251;  252,  19, 
254 ;  bond  of  Thorold  to  convey,  268  ; 
involved  in  the  escheat  under  Thorold's 
will,  270,  726,  727;  271,  293;  sale  of 
tracts  at,  ordered  by  the  Corporation, 


WHITE  MARSH  (continued) — 

1805-1812... 296,  297,  825,  874-876; 
304,  24;  317,  39;  contributions  from, 
to  the  settlement  of  St.  Joseph's, 
Talbot  Co.,  332;  G.  Hunter's  report 
on,  1765. ..336;  income  from,  1824... 
362;  attempts  at  expropriation  of, 
1813,  1814... 366-368,  373,  838-842, 
877 ;  v.  Bitouzey ;  and  the  novitiate 
to  be  placed  at,  366 ;  v.  Novitiate  ;  extent 
and  yield  of,  1824-1830... 379,  380 

The  original  subject  of  Marechal's 
claims  in  Rome,  and  granted  by  a 
Papal  brief,  1822  ;  v.  Bulls,  Fesch, 
Fortis,  Marechal,  Neale,  C. 

Debt  of,  1824... 535,  3;  541,  21, 
550,  36,  551 ;  Marechal  on  extent  of, 
540-542,  24,  551;  and  of  remoter 
tracts,  541 ;  alienation  of  Fingall  at, 
541,  21;  Marechal  on  sales  at,  >542; 
proportionate  value  of,  550,  36 ;  612 ; 
administration  of  ;  v.  Proceedings  ; 
Ashton  on  the  bishop's  right  to, 
1806...  714;  Ashton's  theory,  and 
Marechal's  claims,  719 ;  act  of  As- 
sembly, Md.,  1808,  on  purchase  of 
Patuxent  Meadows  at,  730,  731 ;  con- 
tributions from  other  estates,  and  the 
sale  of  negroes  ordered,  to  liquidate 
the  debts  of,  19  Oct.,  1814... 879, 
880;  Brut6  on,  1817... 882  ;  Ann 
Arundell  Co.  tracts  of,  to  be  sold, 
1817... 379,  890,  893  ;  Prince  George's 
Co.  tract  of,  to  be  sold,  1818.. .893; 
condition  of,  1820... 362,  898 

As  a  mensal  property  of  Marechal, 
920  ;  Shea  on,  and  Marechal,  936 ; 
Kohlmann  master  of  novices  at,  1815 
...945,  12;  transfer  of  novitiate  from, 
to  Missouri,  1823... 548,  549, 1016-1025  ; 
the  General  on  alienation  of  property 
at,  1825. ..1035,  1036;  erroneous  de- 
scription of,  in  the  Papal  brief,  1822... 
1061,  1066,  1069,  1070  ;  case  of,  in  the 
American  press  and  before  the  Govern- 
ment U.S.,  1822-1824... 1070-1079;  v. 
Bulls,  Marechal ;  case  of,  revised  by 
the  Propaganda,  1823,  1824... 524,  5, 
528,  4,  1080-1084  ;  eliminated  from 
the  Marechal  controversy,  1826...  1091 ; 
1121 ;  a  tract  at,  offered  by  McSherry 
to  Eccleston,  1837... 1121,  1124 

White,  Mrs.,  annuity  fund  of,  enjoyed  by 
the  Md.-Pa.  mission,  239  ;  640,  641 ; 
Ashton  and  Strickland  on,  657,  658 

White  [Blacklow],  Thomas,  Dr.,  184, 
855,  115 

Whitfield,  James,  Archbishop  of  Balti- 
more, on  the  donation  of  St.  Peter's, 
Bo.,  made  by  the  Corporation  to 
the  cathedral,  327;  493,  503,  504, 
509,  533,  2,  570,  49 ;  views  of,  on  rights 
to  Sulpician  property,  Bo.,  553,  40, 
591  ;  acceptance  by,  of  deed  for  Marl- 
borough  church  from  S.J.,  583,  4;  at 


INDEX 


1221 


WHITFIELD,  JAMES  (continued)— 
Lyons,  1809.. -.766,  5;  937,  1049,  1050, 
1069,  11,  1070 ;  to  N.  Sewall,  English 
Provincial  S.J.,  against  the  Jesuits  in 
Md.,  1823.. .1071;  1082,  5,  1083;  on 
the  privileges  of  regular  Orders,  1823 
. . .  1090, 2 ;  and  the  new  controversy  with 
the  Jesuits,  1827..  .1102, 11 ;  proposed  by 
Marechal  for  succession  to  the  see  of 
Baltimore,  1827... 532,  1103 

And  Marechal's  decease,  1828...  1103, 
15;  proposed  to  the  Propaganda  by 
Tessier  for  the  vacant  see,  1828. ..1104, 
1105  ;  to  Gradwell,  on  Marechal's  will, 
and  his  own  policy  towards  S.J.,  if 
appointed,  5  Feb.,  1828.. .576,  1,  595, 
1100,  1104-1106  ;  style  of,  532,  569,  49, 
581,  4,  1106,  7 ;  translation  of  fore- 
going letter  by  Gradwell,  for  the 
Propaganda,  1107 ;  to  Gradwell,  on 
the  new  claims  for  Marechal's 
successors,  29  Mar.,  1828. ..1108,  1109; 
to  Card.  Capellari,  on  ditto,  27  May, 
1828... 1104,  1109,  1110,  1114,  9;  W. 
Matthews  on  the  hatred  of,  for  S.J., 
1828.. .1110;  1115-1118,  1127,  16 ;  pro- 
ject of  subjects  for  the  Provincial 
Council,  Bo.,  1829. ..516,  1134;  secu- 
larizing regulars,  and  expunging  the 
office  of  St.  Gregory  VII.,  1134  ;  claim 
of,  to  all  church  property  S.J.,  1830... 
516,  1134  ;  theological  antecedents  of, 
1135,  8 ;  succeeded  in  the  see ;  v. 
Eccleston 

Whitgreave,  James,  S.J.,  254  ;  deed  of, 
to  Richard  Molyneux  and  J.  Farrar, 
9  Mar.,  1739.. .269;  270,271 

Wight,  Isle  of,  94,  95 

Wilkinson's  Range,  St.  Thomas's  Manor, 
271,  272,  733  (a) 

Williams,  Benjamin,  575,  52 

Williams,  Francis,  S.J.,  66 

Williams,  John,  S.J.,  missionary  at 
Frederick,  1760... 311  ;  allowances  for, 
from  the  mission  in  general,  312 

Williams,  S.J.,  280 

Williamson,  David,  Mr.,  318,  323,  920 

Wills,  of  members  S.J.  transmitting 
property  in  the  Md.-Pa.  mission, 
passim ;  v.  Property  ;  method  of  trans- 
mission, 211 ;  Thorold's  defective  will, 
and  consequent  escheat,  254,  255,  726 ; 
prescribed  system  of,  with  bonds,  267- 
269 ;  of  Lewis,  Sewall,  Harding,  H. 
Neale,  T.  Pulton,  Greaton,  344-350; 
of  M.  Roe,  Lancaster,  348,  349 ;  series 
of,  regarding  St.  Mary's  church,  Phila- 
delphia, 363;  Carroll's,  315,  455,  23, 
544,  920,  27,  922,  923 ;  N.  Young's,  in 
favour  of  Georgetown  College,  1  July, 
1815.. .544,  545,717,718;  Dehaulmes', 
Frederick,  in  favour  of  S.J.,  6  May, 
1824.. .575,  52;  Joseph  Semnies',  in 
favour  of  Stone,  716;  Ashton's  1810, 
1813. ..716,  717,  854;  G.  Hunter's, 


1769,  1778.. .541,  21,  732-734  ;  Mare- 
chal's, 1828.. .1105,  1106,  1108,  1127, 
16,  1130;  J.  Fullam's,  1793...  1149;  C. 
Fullam's,  1796.. .1150;  R.  Callaghan's, 
1807. ..1150 

Wilmington,  Del.,  296,  868 

Winchester,  Frederick  Co.,  Md.,  chapel 
property  at,  345 

Windebank,  Secretary  of  State,  150 

Winslade,  proposal  of,  on  Catholic 
American  colonization,  1605.. .3-5;  v. 
Parsons 

Wintour,  Edward,  213 

Wintour,  Frederick,  213 

Wiseman,  John,  S.J.,  80,  81 ;  v.  Retz 

Wiseman,  Nicholas,  533,  2,  1076,  1083, 
1103  ;  Roman  agent  for  the  see  of 
Baltimore,  1828.. .1111 ;  to  Whitfield, 
on  the  Marechal  life  annuity,  14  Feb., 
1829.. .1111,  1112,  1114,  1115;  on  the 
predominance  of  S.J.  over  the  secular 
clergy,  1115;  to  the  General  S.J., 
Roothaan,  on  Eccleston's  claims,  8 
May,  1835.. .1118;  to  Eccleston,  on 
ditto,  and  the  opinion  of  Mai,  17  Aug., 
1835... 598,  1120;  agency  of,  ended, 
1835.. .1118,  1120 

Wolstenholrue,  D.,  232 

Wood,  James  E.,  Archbishop  of  Phila- 
delphia, 262 

Wood,  William;  v.  Killick 

Woodbridge,  Bohemia,  208,  210,  223,  224, 
285 

Woodhouse,  Md.,  220 

Woodstock  College  archives  and  J.  G. 
Shea,  935, 13 

Wooten,  Turner,  250 

Worcester,  England,  228-230 

Worsell  Manor,  Bohemia,  208,  209,  223, 
224,  285 

Worthiugton,  John,  S.J.,  19,  20 

Wouters,  Rev.,  946,  14 

Wright,  Charles,  S.J.,  864 

Wright,  Matthew,  S.J.,  60  ;  v.  Gonzalez 

Wright,  William  ;  v.  Conway 

Wye  River,  E.S.,  Md.,  Londey's  bequest 
for  R.C.  chapel  at,  219 ;  331 


X 


XAVIEH,  St.  Francis,  21,  389,  2,  822,  19 


YAOCOMICO,  Indian  King,  101 

Yarmouth,  95 

Yarne,  The,  209 

Yates,  Mr.,  274 

Yore,  S.J.,  1150 

York,  Little,  Pa.,  conveyance  of  lot  in, 

to  F.  Neale,  346,  350 
York  Co.,  Pa.,  344,  350,  379  ;  v.  Paradise, 

South  Mountain 


1222 


INDEX 


Yorkshire,  255 

Young,  Aloysius,  S.J.,  in  Italy,  475,  14, 
548,  33,  963,  1053 

Young,  Nicholas,  Captain,  218 

Young,  Notley,  Rev.,  will  of,  1  July,  1815 
...544,  545,  632,  7, 661,51,  717,  718, 881 ; 
heir  of  Ashfcon,  12  Feb.,  1810. .  .716,  717, 
880,  881,  883,  886  ;  to  the  Corporation, 
19  June,  1816... 718, 47  ;  at  Georgetown, 
1801,  1802.. .761,  763;  admitted  into 
the  Select  Body,  9  Oct.,  1799... 770, 
775;  candidate  for  S.J.,  Md.,  1809... 


830  ;  864  ;  Carroll  and  B.  Feuwick  on, 
881,  44 ;  947 


Z 


ZACCHIA,  Upper,  Md.,  property  S.J.  at, 
272,  273  ;  and  Marechal's  claims,  719, 
1043,  6;  733;  F.  Angier,  O.P.,  at, 
1816... 887  ;  and  E.  Feuwick's  services, 
1825... 956,  3 

Zocchi,  Eev.,  349 


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